The verdict in three sentences
A verbal referral deal is a commission that ends up disputed the moment the deal gets big. A good written contract sets out in black and white what constitutes a referral, the rate, the recurring duration and the lead-attribution rule. Six well-drafted clauses are enough to turn a fragile promise into a right to payment enforceable in court.
The six essential clauses
A referral contract fits in a few pages, but each clause answers a classic dispute. Here are the six never to omit.
| Clause | What it protects | Risk if absent |
|---|---|---|
| Referral definition | What triggers the commission | "You didn't bring them" |
| Rate and base | The exact % amount | Disagreement on calculation |
| Recurring duration | Following years of % | Cut after year 1 |
| Lead attribution | Priority rule | Conflict between partners |
| Exclusivity (or not) | Reserved territory / clients | Internal competition |
| Termination | Clean exit, notice | Portfolio lock-up |
The lead-attribution clause is the most disputed: a priority rule ("the first to log the lead in writing in the CRM owns it for X months") avoids 90% of conflicts.
Rates, recurring and exclusivity: orders of magnitude
Financial parameters vary by sector and risk. Here are 2026 market benchmarks to calibrate your contract.
| Parameter | Market range | Kolonell example |
|---|---|---|
| Showcase sale commission | 10-20% | 15% |
| E-commerce commission | 8-15% | 12% |
| Marketplace commission | 8-12% | 10% |
| Institutional commission | 5-10% | 8% |
| Annual recurring | 0-5% | 5% (showcase, e-com) |
| Recurring duration | 1-3 years | To define in contract |
| Lead priority | 3-12 months | 6 months |
An exclusivity can raise your rate but commits you to a minimum volume. Without guaranteed volume, prefer non-exclusive to stay free.
Mini case study
Cheikh refers a client to an agency on a simple verbal "15%" deal. The showcase project sells for 500,000 FCFA: expected commission 75,000 FCFA. Six months later, the client recommends a 2,000,000 FCFA deal. The agency claims this second deal "was not brought by Cheikh". Without a written contract or recurring/portfolio clause, Cheikh earns nothing on those 2,000,000 FCFA, i.e. up to 100,000 FCFA in lost recurring. A contract with a portfolio clause (5% on future sales to that client) would have secured this income.
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The Kolonell referral program: a clear written framework
At Kolonell, the referral program rests on a written framework that avoids exactly these disputes: logged and timestamped lead, fixed rates per division, guaranteed recurring. The 2026 rates:
| Division | Commission | Recurring |
|---|---|---|
| Showcase | 15% | 5%/yr |
| E-commerce | 12% | 5%/yr |
| Marketplace | 10% | - |
| Institutional | 8% | - |
You log your lead, we timestamp it, and your commission is protected by the priority rule. No ambiguity over "who brought whom".
FAQ
Is a verbal referral deal valid? Legally it can exist, but it is almost impossible to prove in a dispute. Without writing, the commission becomes a favor the other party can contest or cut.
How do I settle 'who brought the client'? With a priority clause: the first to log the lead in writing (timestamped email or CRM) owns it for a defined period (often 3 to 12 months). It's the best protection.
Should I demand exclusivity? Not always. Exclusivity sometimes raises the rate but imposes a minimum volume. If you are starting out or refer irregularly, non-exclusive leaves you more freedom.
How long does the recurring last? It is negotiated: 1 to 3 years by sector. Clearly state the duration and base (on maintenance? on future sales?) to avoid a cut after the first year.
Does the Kolonell referral contract protect my portfolio? Yes: your lead is timestamped, and the 5% recurring (showcase, e-commerce) is paid to you in following years per the agreed framework, with no dispute over the client's origin.
Let's talk about your project. Become a Kolonell referral partner with a written framework that secures every commission. 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.