The verdict in three sentences
A referral deal sealed with a handshake is the fastest way to get cut out of your commission. A written agreement puts in black and white the rate, the calculation base, the attribution window, and the payment trigger, which avoids the famous "I already knew that client". In 2026, refuse any referral without a signed document: it takes one page and sometimes protects millions of FCFA.
Verbal vs written: what really changes
The verbal deal works as long as everything goes well. The problem is the day a big deal is signed and everyone's memory diverges.
| Element | Verbal deal | Written agreement |
|---|---|---|
| Proof of referral | Word against word | Email + dated document |
| Commission rate | "We said about 15%" | 15% written and non-negotiable |
| Client attribution | Disputable | Timestamped 30-90 day window |
| Payment trigger | Vague | On client payment, clear clause |
| Recurring | Often forgotten | Explicit 5% clause |
| Dispute | Relationship breakdown | Arbitration clause provided |
A contract does not mean distrust: it protects both parties and makes the relationship durable.
The checklist of essential clauses
Here are the clauses to require in a web referral agreement in 2026, with their role.
| Clause | Recommended content | Why it's critical |
|---|---|---|
| Purpose | Introduction, not a sales mandate | Defines your exact role |
| Rate | Showcase 15%, e-commerce 12%, marketplace 10%, institutional 8% | Quantifies income |
| Calculation base | Pre-tax amount paid by client | Avoids "net or gross" debates |
| Attribution | 30 to 90 day window after introduction | Protects against bypassing |
| Trigger | Commission due on actual client payment | Aligns your interests |
| Recurring | 5% of maintenance for the contract's duration | Secures passive income |
| Exclusivity | Optional, per introduced client | Avoids double commission |
| Dispute | Mediation then competent jurisdiction | Breaks the word-against-word deadlock |
| Tax | Each party declares its own income | Clarifies responsibilities |
The risk table to cover
Each clause answers a concrete risk. Here are the most frequent pitfalls and their counter.
| Risk | Consequence without clause | Contractual counter |
|---|---|---|
| "Already known" client | Commission refused | Timestamped attribution window |
| Deal signed after 6 months | "It's too late" | Precise 30-90 day window |
| Client pays in installments | Partial commission disputed | Base = total amount paid |
| Forgotten maintenance | Recurring lost | Explicit 5% clause |
| Disagreement on amount | Deadlock | Mediation then designated court |
Mini case study
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Kofi, 41, a consultant in Lome, introduces a group of clinics to an agency without signing anything. Three months later, the group orders an institutional site at 12,000,000 FCFA. With no contract, the agency offers him a "goodwill gesture" of 100,000 FCFA instead of his theoretical 8% commission, i.e. 960,000 FCFA. Net loss: 860,000 FCFA. For his next deal, Kofi signs a contract with a 60-day attribution window and a payment trigger. This time, an e-commerce at 3,000,000 FCFA earns him his full 12% commission, i.e. 360,000 FCFA, paid without argument as soon as the client pays.
FAQ
What exactly is the attribution window?
It is the period during which a client you introduced is attributed to you, even if they sign later. A reasonable 2026 standard sits between 30 and 90 days after the formal introduction.
When is the commission really due?
The recommended trigger is the client's actual payment, not the signing of the quote. You are thus paid when the agency is, which aligns interests and secures the payout.
Do I need a lawyer for this contract?
Not necessarily for a simple one-page template, but a legal review is useful once tickets exceed a few million FCFA. The cost of a review is negligible against a 960,000 FCFA institutional commission.
How do I prove I brought the client?
A simple timestamped introduction email, or a lead registration form on the agency's side, is enough. Always keep a dated written trace of the first introduction.
Should recurring be in the contract?
Imperatively. Without an explicit 5% clause on maintenance, this passive income is lost. It is often the most profitable line over time.
Let's talk about your project. Get the Kolonell referral contract template, clear and ready to use. 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.
