Finder's Fee
Agreement
Prepared for [CLIENT.Company]
by [COMPANY.Company]
This Finder’s Fee Agreement (this “Agreement” or this “Finder’s Fee Agreement”), effective as
of the date of the last party to sign this Finder’s Fee Agreement (the “Effective Date”), is made
and entered by and between:
[CLIENT.Company], a company organized and existing under the laws of the State of[CLIENT
STATE], with a registered address located at [CLIENT ADDRESS] (hereinafter the “Affiliate”),
and
[COMPANY.Company], a company organized and existing in the State of[COMPANY STATE],
with a registered address located at [COMPANY ADDRESS] (hereinafter the “Company”).
1. Recitals
WHEREAS:
Company is in the business of [DESCRIPTION OF BUSINESS]; and
Both parties wish to enter into this Agreement, whereby Company will pay Affiliate a fee (as
described below) for each client of Company referred by Affiliate to Company, subject to the
terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants,
agreements, and promises set forth herein, the parties agree as follows:
2. Referral Arrangement
Commencing as of the Effective Date of this Agreement and continuing in effect until this
Agreement is terminated by either party by providing the other at least five (5) days prior written
notice, Affiliate may, from time to time, and in its sole and absolute discretion, refer to Company
certain clients(hereinafter referred to as“Referred Clients”). Subject to Affiliate’s compliance with
the remaining provisions of this Agreement in each case, and subject to Company’s acceptance
of such Referred Clients, Company agrees to compensate Affiliate in accordance with Section 2
below.
3. Referral Fee
Affiliate understands that Company clients pay Company in accordance with contracts entered
into by Company and such clients. As consideration for a Referred Client, Affiliate shall be
entitled to [PERCENT] percent of the initial contract value, to be paid to Affiliate
within [DAYS] days of Company and Company’s client’s execution of the initial contract, if any,
signed after Affiliates referral. Company shall have the right at any time to set-off any amounts
now or hereafter owing by Affiliate to Company against amounts which are then or may
thereafter become due or payable to Affiliate under this Agreement.
4. Payment Conditions
Referred Clients shall not be considered accepted by Company, and Company shall have no
payment obligation hereunder, unless and until a contract is signed by Company and the
Referred Clients.
5. Miscellaneous
1. This Agreement shall be governed, construed, and enforced in accordance with and subject
to the laws of the State of [STATE], without regard for its conflict of laws provisions. The
Recitals at the beginning of this Agreement are covenants of the parties and are a material
part of this Agreement. This Agreement has been prepared and finalized by both parties
and their respective attorneys.
2. The individuals whose signatures appear below each warrant that they are duly authorized
to sign this Agreement on behalf of the company whose name appears above their
signature. Each party represents and warrants that they have read this Agreement and
fully understand its provisions. Each party represents and warrants that they have
discussed this Agreement, in its entirety, with their respective attorneys, and this
Agreement has been fully explained to them by such attorneys. This Agreement will be
confidential between the parties, and the existence of this Agreement will not be disclosed
by either party to any third party (other than accountants and/or attorneys of the parties,
who have a legitimate need to know, and who are bound by similar obligations of non-
disclosure relative to this Agreement), except to the extent required by law or regulation.
3. Those provisions of this Finder's Fee Agreement which by their nature survive termination,
shall so survive any termination hereunder, including any obligation to make payment
under the terms of this Agreement.
4. This Finder's Fee Agreement contains the entire agreement of the parties with respect to
the subject matter hereof and supersedes and cancels all previous negotiations,
agreements or commitments by the parties whether oral or written. This Agreement may
be executed in counterparts and each shall constitute one instrument. Copies of signatures
shall be treated as originals.
Accepted and agreed:
[COMPANY.Company]
______________________________ _________________
[COMPANY.FirstName] [COMPANY.LastName]
[COMPANY TITLE]
[CLIENT.Company]
______________________________ _________________
[CLIENT.FirstName] [CLIENT.LastName]
[CLIENT TITLE]
