Revenue / Fee Sharing Agreement - Service Fee

The Revenue/Fee Sharing Agreement - Service Fee is a document that outlines the agreement between two parties, the Servicer and the Referrer, regarding the sharing of fees. The document begins by highlighting the importance of the agreement, which is to share the fees earned by the Servicer with the Referrer in exchange for the Referrer referring clients to the Servicer.

 

The document is divided into several sections, each addressing different aspects of the agreement. The first section is the interpretation section, which provides definitions for key terms used throughout the document, such as 'agreement', 'excluded persons', 'services', and 'service fees'. This section ensures that both parties have a clear understanding of the terms used in the agreement.

 

The second section is the referral term section, which specifies the duration of the agreement and the exclusivity of the Referrer's engagement with the Servicer. The section also includes a conditional statement that allows for automatic renewal of the agreement unless either party requests termination. This section ensures that both parties are aware of the duration and exclusivity of the agreement.

 

The third section outlines the Servicer's obligations, which include sharing a percentage of the service fees received from referred clients with the Referrer as compensation. The section also specifies the timeline for payment of the commission to the Referrer and addresses the reduction of commission in case of claims or liabilities against the Servicer by referred clients. Additionally, the section states that the Servicer is responsible for performing the agreed services for referred clients and complying with applicable laws and regulations. This section ensures that both parties understand the Servicer's obligations.

 

The fourth section outlines the obligations of the Referrer, which include using existing connections and channels to secure business for the Servicer, liaising with referred clients on behalf of the Servicer, and promoting the services in good faith. The section also addresses the Referrer's use of the Servicer's trademarks and other intellectual property rights, with the requirement of written authorization. Additionally, the section specifies that the Referrer does not have the capacity to enter into legal agreements on behalf of the Servicer unless specifically authorized. This section ensures that both parties understand the Referrer's obligations.

 

The fifth section addresses confidentiality, stating that the Referrer must treat any confidential information provided by the Servicer as confidential and not exploit or disclose it without prior written consent. The section allows for the disclosure of relevant parts of the confidential information to customers and potential customers for the purpose of promoting the services. The section also clarifies that the rights, confidential information, and intellectual property rights belong to the Servicer. This section ensures the protection of confidential information.

 

The sixth section includes general provisions, such as restrictions on assigning rights or delegating obligations without prior written consent, clarification of the independent contractor relationship between the parties, requirements for written waivers, and the exclusion of liability for misrepresentation. The section also states that any addition or modification to the agreement must be in writing and signed by both parties. This section ensures that both parties understand the general provisions of the agreement.

 

The seventh section addresses termination, specifying the circumstances under which either party can terminate the agreement and the consequences of termination. The section allows for termination in case of breach, insolvency, cessation of business, or by giving prior written notice. It also states that outstanding referral fees must be settled within a specified timeframe. This section ensures that both parties understand the termination provisions and their consequences.

 

The eighth section outlines the consequences of termination, including the cessation of promotional activities by the Referrer, the continuation of certain provisions, and the limitation of claims against the Servicer. This section ensures that both parties understand the consequences of termination.

 

The ninth section states that the agreement does not confer any rights on third parties to enforce its terms. This section ensures that both parties understand that only the parties to the agreement have rights under it.

 

The tenth section addresses arbitration and the proper law governing the agreement. It encourages the parties to resolve disputes amicably and in good faith. This section ensures that both parties understand the dispute resolution process.

 

The eleventh section outlines the requirements for notices and service, specifying the methods of delivery and the addresses of the parties. This section ensures that both parties understand the requirements for communication.

 

The document concludes with the signatures of the authorized representatives of both parties, indicating their agreement to the terms outlined in the document.

How to use this document?

1. Enter the names and principal places of business of the Servicer and the Referrer in the agreement. This ensures clear identification of both parties.

2. Specify the agreed price and completion date of the services to be carried out by the Servicer. This ensures that both parties are aware of the expectations and deadlines.

3. Clearly describe the type(s) of services to be provided by the Servicer. This ensures that both parties are aware of the scope of work and can avoid misunderstandings.

4. Agree on the length of the warranty and the time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.

5. Specify the amount of damages per week that the Referrer is entitled to if the work is not completed by the completion date. This ensures that both parties are aware of the consequences of non-completion.

6. Use existing connections and channels to secure business for the Servicer. Only describe yourself as the Servicer's authorized relationship for the services.

7. Continue to liaise with referred clients on behalf of the Servicer in relation to the service.

8. Disclose information concerning the Servicer to referred clients and potential referred clients as necessary to promote the services.

9. Use the Servicer's trademarks and other authorized intellectual property rights exclusively in performing your duties.

10. Do not enter into any legal agreements on behalf of the Servicer unless specifically authorized. The Servicer has the sole discretion to negotiate and accept the terms of any legal agreement with clients.

11. Treat any confidential information provided by the Servicer as confidential and do not exploit or disclose it without prior written consent.

12. Disclose relevant parts of the confidential information to customers and potential customers as necessary to promote the sale of the services.

13. Comply with all applicable laws and regulations in relation to the services.

14. Obtain written consent before mortgaging, charging, assigning rights, or transferring obligations under the agreement.

15. Understand that you are an independent contractor and not a partner, joint venturer, agent, employee, or representative of the Servicer.

16. Obtain written waivers for any breach of the agreement.

17. Notify the Servicer of any infringement of rights or confidential information and take appropriate action as requested.

18. Understand that the agreement sets out the entire agreement between the parties and supersedes any previous agreements.

19. Terminate the agreement by giving written notice if there is a breach, insolvency, cessation of business, or by mutual agreement.

20. Settle any outstanding referral fees within the specified timeframe upon termination of the agreement.

21. Cease promoting, marketing, advertising, or soliciting clients for the services upon termination.

22. Understand that the provisions of the agreement regarding confidentiality and general provisions continue after termination.

23. Understand that there is no right under the agreement for third parties to enforce its terms.

24. Use all reasonable endeavors to resolve any disputes amicably and in good faith.

25. Serve notices by hand, email, or post, ensuring that they are deemed to have been duly given according to the specified timelines.

26. Keep the addresses of the parties up to date for the purpose of serving notices.

27. Sign the agreement to indicate your agreement to the terms outlined in the document.