AGENT / REFERRAL PARTNER AGREEMENT

This Agreement is entered into between:

1. Property Owner / Management Company

Name: Corporatekeysa Pty Ltd , 2012/129462/07 Address: 23B Danie PIenaar Pentagon Park Person: Dorian Ben Attar Phone / WhatsApp: +27 83 406 9418 Email: info@corporatekeysa.com

Hereinafter referred to as “Management”.

And:

2. Agent / Referral Partner

Full Name / _________________Company Name: _______________ ID / Registration Number: ____________ Agency Name, if applicable: ________________________PPRA Registration Number, if applicable:________________ FFC Number, if applicable: ____________________ Phone / WhatsApp:_____________ Email:________________________ Address ________________________

Hereinafter referred to as “Agent / Referral Partner”.

3. Appointment

Reasoning: You should clarify that the appointment is limited and does not give the agent automatic authority to act freely on your behalf.
Action/Guideline: Include this clause:

Management appoints the Agent / Referral Partner on a non-exclusive basis to introduce potential tenants, guests, corporate clients, or accommodation leads for fully furnished rental properties managed by Management in Bloemfontein.

This appointment does not create an employment relationship, partnership, franchise, or exclusive mandate unless agreed separately in writing.

4. Property Type and Target Market

Reasoning: Defining the property type and target market prevents unsuitable leads, especially if you are not targeting students.
Action/Guideline: Include this clause:

The properties covered by this Agreement are fully furnished rental properties in Bloemfontein.

The target market includes:

Professionals
Corporate clients
Medical staff
Contractors
Government employees
Relocating individuals or families
Short-term guests
Medium-term furnished rental tenants
Long-term furnished rental tenants
Insurance or emergency accommodation clients

Management is not currently servicing the student accommodation market, unless otherwise agreed in writing.

5. Role and Limitations

Reasoning: This is one of the most important parts of the agreement. It protects you from agents making promises, negotiating terms, collecting money, or acting outside their authority.
Action/Guideline: Include this clause:

The Agent / Referral Partner may perform only the following activities, unless otherwise authorised in writing by Management:

Introduce potential tenants, guests, companies, or accommodation leads to Management.
Share approved property information provided by Management.
Refer interested parties to Management.
Assist with communication where approved by Management.
Submit leads using the approved lead submission process.

The Agent / Referral Partner may not, unless authorised in writing:

Sign lease agreements or booking confirmations.
Negotiate final rental terms.
Offer discounts.
Promise availability.
Confirm acceptance of a tenant or guest.
Collect rent, deposits, booking payments, damages deposits, admin fees, or any money from tenants or guests.
Advertise properties publicly without written approval.
Use unapproved photos, descriptions, prices, or property information.
Represent themselves as the sole or exclusive agent of Management.
Make any legal, financial, or operational commitment on behalf of Management.

6. Compliance: PPRA / FFC

Reasoning: In South Africa, anyone performing property practitioner activities for reward may need to be registered with the PPRA and hold a valid Fidelity Fund Certificate.
Action/Guideline: Include this clause:

Where the Agent performs property practitioner activities as defined under South African law, the Agent confirms that they are responsible for complying with all applicable laws, including registration with the Property Practitioners Regulatory Authority / PPRA and holding a valid Fidelity Fund Certificate / FFC, where required.

If the Agent / Referral Partner is not PPRA/FFC compliant, their role may be limited to referral-only introductions, and Management will handle all marketing, negotiations, lease documentation, payment instructions, and tenant approval.

The Agent / Referral Partner must provide proof of PPRA/FFC registration if requested by Management.

7. Lead Submission Process

Reasoning: A clear process avoids disputes over who introduced a tenant and whether commission is payable.
Action/Guideline: Include this clause:

For a lead to qualify for commission or referral payment, the Agent / Referral Partner must submit the lead to Management in writing via WhatsApp, email, CRM, or the approved lead form.

Each lead submission must include, where available:

Tenant/guest/company name
Contact person
Phone number
Email address
Desired move-in/check-in date
Expected length of stay
Budget
Number of occupants
Type of accommodation required
Employer/company, if applicable
Source of lead

A lead is only recognised once Management confirms receipt in writing.

8. Lead Ownership Period

Reasoning: Lead ownership periods prevent disputes if the same person contacts you again months later or is introduced by multiple agents.
Action/Guideline: Include this clause:

A valid submitted lead will be protected for a period of 30 days from the date Management confirms receipt of the lead.

If the lead signs a lease, confirms a booking, pays, and occupies the property within the 30-day lead ownership period, the Agent / Referral Partner may qualify for commission or referral payment, subject to the terms of this Agreement.

If Management already had the lead in its database, had previous communication with the lead, or received the same lead from another source before the Agent / Referral Partner submitted it, Management may reject the lead as a duplicate.

Management’s records will be used to determine lead ownership in the event of a dispute.

Optional alternative: For corporate clients, you may extend the lead ownership period to 60 or 90 days, because corporate decisions can take longer.

9. Commission / Fixed Fee

Reasoning: Payment terms must be clear from the beginning to avoid misunderstanding or disputes.
Action/Guideline: Include one or more of the following payment structures:

9.1 Long-Term ( 12 month) Furnished Rental Placement

For a successful long-term furnished rental placement, Management will pay:

50% of one month’s rental

9.2 Medium-Term. (3 Month) or Short-Term Booking

For a successful medium-term or short-term booking, Management will pay:

10% of confirmed booking value

9.3 Referral-Only Fee

For referral-only introductions, Management will pay:

R[500–1,500] fixed referral fee or R[INSERT AMOUNT] per successful tenant/guest

9.4 Corporate Placement

For corporate placements, Management may pay:5%–10% of confirmed rental value

The exact payment applicable to each placement must be confirmed in writing by Management before the Agent / Referral Partner starts marketing or referring leads.

10. Payment Trigger

Reasoning: You should only pay commission after income is secured, funds are cleared, and the tenant/guest has actually occupied the property.
Action/Guideline: Include this clause:

Commission or referral fee is payable only after all of the following have occurred:

The lead was validly submitted and accepted by Management.
The tenant/guest/client was approved by Management.
The lease agreement or booking confirmation was signed or confirmed.
The required deposit and/or rental/payment was received.
Funds cleared in Management’s nominated bank account.
The tenant/guest moved in or checked in.
The Agent / Referral Partner has submitted a valid invoice or payment request, where required.

Management is not liable to pay commission or referral fees for:

Unapproved leads
Duplicate leads
Cancelled bookings
Unpaid bookings
Tenants who fail screening
Leads who do not sign or pay
Leads who were already known to Management

11. Optional Split Payment Clause

Reasoning: For longer leases, split payment protects you if the tenant defaults immediately after moving in.
Action/Guideline: Include this optional clause if you want extra protection:

For long-term placements, commission may be paid as follows:

50% after the tenant signs, pays the required deposit and first month’s rent, funds clear, and occupation begins.
50% after the tenant has occupied the property for 30 days without rental default, cancellation, or material breach.

12. No Rent or Deposit Collection

Reasoning: This protects you from fraud, accounting problems, and tenant disputes.
Action/Guideline: Include this clause:

The Agent / Referral Partner is strictly prohibited from collecting any rent, deposit, booking payment, damages deposit, cleaning fee, admin fee, or any other money from tenants, guests, or clients on behalf of Management.

All payments must be made directly to Management’s nominated bank account or approved payment method.

Any breach of this clause may result in immediate termination of this Agreement and may lead to legal action.

13. No Unauthorised Advertising

Reasoning: Uncontrolled advertising can create false expectations, pricing disputes, duplicated listings, and reputational damage.
Action/Guideline: Include this clause:

The Agent / Referral Partner may not advertise, publish, post, promote, or distribute property information unless Management has given written approval.

Where approval is granted, the Agent / Referral Partner must use only:

Approved photos
Approved videos
Approved descriptions
Approved rental rates
Approved availability
Approved house rules
Approved contact details

The Agent / Referral Partner may not alter pricing, descriptions, availability, services, or terms without written approval from Management.

14. Tenant / Guest Approval

Reasoning: Agents may focus on closing deals, but management must control tenant quality and final acceptance.
Action/Guideline: Include this clause:

All tenants, guests, companies, or booking clients are subject to final approval by Management.

Management may reject any lead, tenant, guest, or booking at its sole discretion, including for reasons related to affordability, suitability, risk, availability, payment history, documentation, or house rules.

No commission or referral fee is payable for rejected or unapproved leads.

15. Confidentiality

Reasoning: Agents may receive property information, pricing, availability, tenant details, and business processes that should not be shared with competitors or the public.
Action/Guideline: Include this clause:

The Agent / Referral Partner agrees to keep confidential all non-public information received from Management, including but not limited to:

Property addresses
Access information
Owner details
Rental rates
Availability
Tenant or guest information
Business processes
Commission structures
Contracts
Internal documents
Marketing materials not publicly released

The Agent / Referral Partner may not disclose confidential information to any third party without written permission from Management, except where required by law.

This confidentiality obligation continues after termination of this Agreement.

16. POPIA / Data Protection

Reasoning: Agents may handle personal information such as names, phone numbers, ID copies, employment details, and financial documents. In South Africa, this must be handled according to POPIA.
Action/Guideline: Include this clause:

The Agent / Referral Partner agrees to comply with the Protection of Personal Information Act / POPIA when collecting, receiving, storing, sharing, or processing any personal information relating to tenants, guests, clients, owners, or Management.

The Agent / Referral Partner must:

Collect only necessary personal information.
Use personal information only for the purpose of the rental or booking process.
Share personal information only with Management or authorised parties.
Keep personal information secure.
Not share tenant or guest information with third parties without consent.
Delete or return personal information when no longer required.
Immediately notify Management of any suspected data breach or unauthorised disclosure.

17. Independent Contractor Status

Reasoning: You should avoid creating confusion that the agent is an employee with employment benefits or authority over your business.
Action/Guideline: Include this clause:

The Agent / Referral Partner acts as an independent contractor and not as an employee, partner, director, franchisee, or legal representative of Management.

The Agent / Referral Partner is responsible for their own tax, expenses, transport, communication costs, compliance, licensing, and business obligations.

Nothing in this Agreement creates an employment relationship.

18. Non-Exclusivity

Reasoning: Unless you intentionally want one agent to control your properties, you should keep the arrangement non-exclusive.
Action/Guideline: Include this clause:

This Agreement is non-exclusive. Management may appoint other agents, referral partners, platforms, marketing channels, or internal staff to source tenants or guests.

The Agent / Referral Partner is not guaranteed any minimum number of leads, placements, properties, or commission payments.

19. Termination Clause

Reasoning: You need the right to end the relationship quickly if the agent acts improperly, misrepresents your properties, or creates risk.
Action/Guideline: Include this clause:

Either party may terminate this Agreement by giving 7 days’ written notice to the other party.

Management may terminate this Agreement immediately, without notice, if the Agent / Referral Partner:

Collects money without authority.
Misrepresents property details.
Advertises without approval.
Breaches confidentiality.
Breaches POPIA/data protection obligations.
Acts dishonestly or unlawfully.
Damages Management’s reputation.
Fails to comply with PPRA/FFC requirements where applicable.
Makes unauthorised promises to tenants or guests.
Breaches any material term of this Agreement.

Termination does not affect any valid commission or referral fee that became payable before termination, provided all payment conditions were met.

20. Dispute Handling

Reasoning: Commission disputes can occur, especially around duplicate leads or timing. A simple dispute clause gives a process before legal escalation.
Action/Guideline: Include this clause:

If a dispute arises regarding lead ownership, commission, referral fees, or interpretation of this Agreement, the parties will first attempt to resolve the matter through good-faith discussion.

Management’s written records, WhatsApp messages, emails, form submissions, CRM records, and payment records will be used to determine lead ownership and commission eligibility.

If the dispute cannot be resolved, the parties may refer the matter to mediation or other legal remedies available under South African law.

21. Governing Law

Reasoning: Since the properties are in Bloemfontein, South African law should govern the agreement.
Action/Guideline: Include this clause:

This Agreement is governed by the laws of the Republic of South Africa.

The parties agree that any legal proceedings will be handled in the appropriate court or forum