Referral/commission agreement

[Richard Herd]

Generally speaking all contracts should have some kind of termination and or expiration language. The particular language is negotiable, of course. I would worry about things like the appearance of collusion and/or kickbacks. Let me get this straight: He’s going to give your number to potential clients and then you’re going to markup your services and send him some dollar amount back.

[Justin Raine]

Yeah, that’s about right. We’re still in the process of refining our billing process since our client base is constantly changing and our skill level still developing. As with all costs, we would factor his commission into our price.

What do you mean by “appearance of collusion and/or kickbacks”? Isn’t what I am describing a typical agreement between someone and an agent? The fact that he would be earning a commission, while maybe not being touted, would not be a secret.

Thanks for the reply.

[Cory Petkovsek]

For repeat work, you might consider his involvement. He certainly deserves a referral fee for making the connection, or a commission for managing part of the project or client relationship. If he were to continue manage part of the project or client relationship that would be worth a continuing commission. Is it fair to have a residual referral fee long after the connection has been made? Probably not. True you wouldn’t have the continuing work without the connection, but it is your work that keeps them coming back. Some people in other industries give a referral fee that is a few percentage of the value of the customer for a year, thus making it customer dependent and job independent.

Cory

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Corporate Video

[Chris Tompkins]

Sure, give him a referral fee. Does he do anything after he hands you the connection?
We give a 10% referral fee. I think it’s pretty common.

Chris Tompkins
Video Atlanta LLC

[Justin Raine]

No, his involvement would stop after the referral. How have you handled a referred customer who you continue to work for several times? Do you pay out 10% each time? Is there a limit of some sort?

Thanks,
Justin

[Chris Tompkins]

No. I wouldn’t. If he referred the account/business/client to you and you pay a referral for the contact. Done. If you then build a working relationship with new client, then that is your doing.

I did have a situation once about 15 years ago where a colleague getting out of the biz referred me to a client who was going to do several vids.
I wrote up a small contract where I gave him 10% of the first 5 projects or all the proj. in the following 12 months, I can’t remember. Sometimes I hated cutting that check, but it all worked out well.

Chris Tompkins
Video Atlanta LLC

[Scott Carnegie]

Make a contract stating that he will get a 10% referral fee for the first project. After that, nothing; if the client comes back to you then that is because of you, not the referal.

http://www.MediaCircus.TV
Media Production Services
Winnipeg, Manitoba, Canada

[Mark Suszko]

Commissions are not the same as royalties.

[John Baumchen]

Here’s my $0.02

I’d suggest that if he merely passes you information that leads to a job, give him 10% of that job.

If he actively sells your company and services to a client that turns out to be a job, then I’d be inclined to give him 25% of that job and 5% of any subsequent job you get from that client.

I feel that if he’s bringing business your way, why not?

[Richard Herd]

You’ll have to forgive me. My father’s a General Internal Auditor, and I’ve apparently inherited his paranoia.

Is this guy involved with the other companies, for example, is he a purchasing manager? Does your contract stipulate he must disclose all information regarding his role at those entities? Are you culpable if he fails to disclose his role at those places?