Introducer Agreement (Fee Upon Establishing Ongoing Relationship) TR.COM.04
This Introducer Agreement (Fee Upon Establishing Ongoing Business Relationship) is for use where one party (a supplier of a goods or services) wishes to engage another as an introducer of clients or new suppliers.
This Introducer Agreement is designed for use where the supplier wishes to secure a contract with only one client, perhaps in a new market or geographical region, who may be specifically identified or not. Where the target client is not named, the Prospective Client Criteria Schedule provides for the supplier to insert any requirements it may have of the new client that the introducer is to find. This Introducer Agreement in particular is for use where the supplier wishes to establish an ongoing business relationship (OBR) with the new client which will see consistent future income. In this Introducer Agreement, an OBR will be deemed established after a certain number of transactions between the companies, such number to be defined by the user.
An introducer differs from an agent as an introducer does not do any selling of the other party’s products or services themselves, but rather will refer a potential client on, either through passing contact details and so forth on to the supplier of the product or by arranging a meeting between the parties. Once the introduction is made, the introducer steps back and will have no further role in the relationship between the supplier and the customer. The negotiation, selling and supply remains the sole remit of the supplier.
This Introducer Agreement can be set up so as to operate on a fixed fee or percentage basis. As the payment structure is potentially complex, depending on how many transactions are to be required before an OBR is deemed established, a Fee Schedule is included.
If you require an agreement which creates a principal – agent relationship, you should use one of the agency agreements also available from Simply-Docs.
If you require an agreement which is designed for the situation where the supplier is not targeting a specific client or type of client, but is instead seeking new custom generally, you should use one of the Commission or Referral Fee Agreements.
The fee clause can be arranged so as to effectively operate as a no win – no fee deal, where, if there is no agreement reached between the supplier and a prospective client, the introducer will not be entitled to a fee.
This agreement has not been created in accordance with FSA rules or the Financial Services and Markets Act 2000, and as such makes no reference or commitment to abiding by them. This agreement therefore is unsuitable for the introduction of clients for financial services, such as insurance products or investment advice.
This Introducer Agreement (Fee Upon Establishing Ongoing Business Relationship) contains the following clauses:
1. Definitions and Interpretation
2. Appointment of Introducer
3. Method of Introduction
4. Obligations of the Company
5. Fees and Payment
6. Relationship of the Parties
7. Non Competition
9. Non Circumvention
11. Nature of Agreement
12. Notices & Service
13. Set Off
Schedule 1: Product Schedule
Schedule 2: Fee Schedule
Schedule 3: Prospective Client Criteria
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the agreement.
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