The verdict in three sentences
A business introducer contract turns a verbal promise into an enforceable right: it defines what a referral is, when the commission is due and how it is paid. The two clauses that save the most commissions are the non-circumvention clause and a precise definition of the trigger event (signature or payment received). A clear template, signed before any introduction, costs nothing and protects hundreds of thousands of FCFA.
The 8 essential clauses
An introducer contract fits on 2 to 4 pages. Here are the clauses never to omit, with their role:
| Clause | What it protects | Typical wording |
|---|---|---|
| Object / referral definition | Avoids "vague" referrals | "any client introduced in writing" |
| Exclusivity | Prevents double referrals | exclusive or not on a client |
| Trigger event | Triggers the commission | on signature OR on payment received |
| Rate and base | Exact amount due | 15 % of pre-tax collected amount |
| Term | Validity period | 12 or 24 renewable months |
| Recurrence | Commission on recurring revenue | 5 % on maintenance/SEO |
| Non-circumvention | Stops the client cutting you out | 24 months after introduction |
| Payment | Deadline and method | within 15 days, Wave/transfer |
The commission trigger: the critical point
The question that creates 90 % of disputes: when is the commission due? Three possible moments, from most provider-favourable to most introducer-favourable:
| Trigger event | Who it protects | Typical payment deadline |
|---|---|---|
| On quote signature | The introducer | 15 days after signature |
| On first payment received | Balanced | 15 days after deposit |
| On full payment received | The provider | staggered with payments |
The healthy 2026 compromise: commission paid pro rata of payments received. The introducer gets 50 % on the deposit, the balance on final payment. This aligns interests and prevents a bad-paying client from penalising the introducer.
The traps to avoid
Three recurring traps gut a contract:
- The contested referral: the client claims they already knew the provider. Counter: every introduction in writing (dated email, WhatsApp) as proof.
- The infinite deferred payment: "we'll pay you when the client has settled everything". Counter: firm 15-day deadline after each payment received.
- Circumvention: the client returns 6 months later without you. Counter: a 24-month non-circumvention clause also covering subsidiaries and executives.
The OHADA and Senegalese framework
The introducer contract has no standalone legal status in the OHADA zone: it falls under general contract law (Uniform Act and Senegal's Code of Civil and Commercial Obligations). In practice, a written document signed by both parties is enough to make it enforceable. For regular introducers, declared invoicing avoids reclassification as undeclared work.
The Kolonell introducer program: turnkey contract
Kolonell provides each introducer with a ready-to-sign template contract, OHADA-compliant, with a transparent scale:
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| Division | Commission | Non-circumvention | Payment |
|---|---|---|---|
| Showcase | 15 % + 5 % recurring | 24 months | within 15 d |
| E-commerce | 12 % + 5 % recurring | 24 months | within 15 d |
| Marketplace | 10 % + 5 % recurring | 24 months | within 15 d |
| Institutional | 8 % | 24 months | within 15 d |
No grey zone: you introduce a client in writing, the deal closes, you get paid.
Mini case study
Ibrahima, an introducer in Dakar, introduces a restaurateur to an agency with no contract. The deal (1,200,000 FCFA) closes, but the agency claims "the client was already in its pipeline". Ibrahima loses 180,000 FCFA, lacking written proof.
The next month, with a Kolonell contract and a dated WhatsApp introduction, he brings an e-commerce deal at 2,000,000 FCFA: the 240,000 FCFA commission is paid within 15 days, no argument. The contract made the difference.
FAQ
Does an introducer contract need to be notarised?
No. A privately signed document by both parties is enough under OHADA law. Simply keep two original copies and any written trace of your introductions.
How long does the non-circumvention clause last?
Usually 12 to 24 months after the introduction. 24 months is the recommended norm for digital, where projects can sign several months after first contact.
What if the provider refuses to sign a contract?
Be wary. A serious provider has an introducer contract ready. If they refuse, demand at minimum an email confirming the rate and trigger event before any introduction.
Is the commission taxable?
Yes, it is income. Beyond a few annual referrals, declare it and invoice through a sole proprietorship to stay compliant.
Let's talk about your project. Receive the Kolonell introducer program's ready-to-sign template contract. WhatsApp +221 77 596 93 33.
Mohamed Bah
Fondateur, Kolonell
Passionate about digital and entrepreneurship in Africa, Mohamed has been helping Sénégalese businesses with their digital transformation since 2020. Founder of Kolonell, he believes every SME deserves a professional and accessible online présence.
