The Commercial Loan Referral Fee Agreement serves as a critical document in the U.S. financial services sector, establishing a formal relationship between parties involved in commercial loan referrals. This agreement is essential when businesses or individuals wish to monetize their network by referring potential borrowers to lenders, while ensuring compliance with federal and state regulations. It outlines specific requirements for referral activities, compensation structures, and compliance obligations, protecting both parties while facilitating business growth. The document is particularly relevant in today's interconnected financial marketplace, where referral networks play an increasingly important role in commercial lending.
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1. Parties: Identification of the referrer and the lender
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including Qualified Referrals, Referral Fees, and Confidential Information
4. Scope of Services: Details of referral services to be provided and qualification criteria for referrals
5. Fee Structure: Calculation and payment terms for referral fees, including qualifying conditions
6. Payment Terms: Timing and method of fee payments, including invoicing requirements
7. Representations and Warranties: Legal assurances from both parties regarding licensing, compliance, and authority
8. Term and Termination: Duration of agreement and conditions for termination or renewal
9. Confidentiality: Protection of confidential information and trade secrets
10. Regulatory Compliance: Compliance with applicable laws, regulations, and licensing requirements
11. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Non-Compete: Restrictions on competing activities during and after the agreement term
2. Marketing Guidelines: Rules and restrictions for promotional activities and use of trademarks
3. Compliance Training: Requirements for staff training and maintaining compliance knowledge
4. Insurance Requirements: Specific insurance coverage requirements for the referrer
5. Dispute Resolution: Procedures for resolving disputes through mediation or arbitration
1. Schedule A - Fee Schedule: Detailed breakdown of fee calculations, tiers, and payment structure
2. Schedule B - Compliance Requirements: Specific regulatory requirements and procedures to be followed
3. Schedule C - Referral Process: Step-by-step procedure for making and processing referrals
4. Schedule D - Required Forms: Templates and forms required for referral documentation
5. Schedule E - Territory Definition: Definition of geographical or market territory for referrals if applicable
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