Referral Agent Agreement

This Referral Agreement (this "Agreement") is made effective as of the _____ day of

__________, 20__ (the "Effective Date") by and between [COMPANY]

with offices at [ADDRESS] ("[COMPANY]") and

________________________ Located at: _____________________________ ("Referral").

IN CONSIDERATION OF the mutual promises and covenants hereinafter contained and other good and valuable consideration, the receipt of which is hereby acknowledged the parties here to agree as follows:

Referrals

Subject to the terms and conditions of the Agreement, Referral may from time to time refer potential customers (“Potential Customers”) to [COMPANY]. Referral shall give [COMPANY] written notice of Potential Customers by [COMPANY] Online lead entry page or through email return receipt requested.

[COMPANY], in its sole discretion, shall have the option to enter into, or decline to enter into, an agreement with any Potential Customer. In the event [COMPANY] declines, for any reason, to enter into an agreement with any Potential Customer, [COMPANY] shall have no obligation to Referral under this Agreement or otherwise with respect to such Potential Customer.

If (a) such Potential Customer has (i) not previously entered into an agreement with [COMPANY]; (II) not previously been referred or introduced to [COMPANY] in writing by any other person; and (III) not previously been documented as a Customer (as defined below); and (b) [COMPANY] enters into an agreement with any such Potential Customer, upon such terms and conditions acceptable solely to [COMPANY] and such Potential Customer, within sixty (60) days of such Potential Customer being referred to [COMPANY] by Referral, such Potential Customer shall be considered a “Customer” for purposes of this Agreement and [COMPANY] shall pay a fee to Referral as set forth below in Section 2.

In the event a referral of a Potential Customer is disputed among one or more Referrals, finders or other persons, [COMPANY] alone shall determine which party, based solely upon who first provided it with written notice of such Potential Customer, is entitled to a fee, if any, with respect to such Potential Customer.

Referral Agent Agreement

Compensation

Referral shall be entitled to a minimum of two percent and up to Twenty percent (2% and up to 20% depending on the profitability of the negotiated deal as each and every deal is custom) of the monthly fees actually paid by referred Customer to [COMPANY] pursuant to the initial contract entered into with such Customer (the “Referral Fee”). Referral fees will not be paid on power costs.