Common use of Referral Guidelines Clause in Contracts

Referral Guidelines. The parties shall abide by the following general referral guidelines: a. Broker shall use all reasonable efforts to send all outgoing referrals to a Prudential Real Estate affiliate (which term includes franchisees and company-owned offices, if any) or other PRS Member in the destination community, except as provided below. Any referral to an RSA shared by more than one Prudential Real Estate affiliate or other PRS Member shall be placed exclusively with one of those Prudential Real Estate affiliates or other Members. If there is no Prudential Real Estate affiliate or other PRS Member in the destination community, or if Broker’s customer requests that a non-PRS broker be utilized, Broker shall contact PRS for a broker recommendation and use reasonable efforts to place the outgoing referral with the recommended broker. If Broker’s customer specifically requests that a non-PRS broker be utilized in a designated community, then such a broker may be utilized. b. Broker agrees to use forms and procedures designated by PRS to process all Broker’s referrals in accordance with the PRS Policy Manual. c. Broker shall initiate all referrals by telephone to the destination broker and enter the referral information in a software program approved by PRS if available. If accepted, the destination broker shall use reasonable efforts to keep the origination broker informed of the referral status thereafter, as may be required by the PRS Policy Manual. d. Broker shall make reasonable efforts to send only qualified referrals in accordance with the PRS Policy Manual. A destination broker shall have 48 hours after contact from an origination broker to reject a referral. Such rejection shall be made in accordance with the PRS Policy Manual. If not rejected within 48 hours, the referral shall be deemed accepted. Referrals shall not be rejected unless the customer has previously been referred or acquired from another source and has been properly registered by the destination broker on such broker’s customer list, or the customer refuses the destination broker’s services. If a referral is rejected because the customer has previously been referred or acquired from another source, then the origination broker may not send such referral to another broker. e. In the event that the RSA is covered by more than one PRS Member, there shall be a co-listing in the PRS Directory. f. Primary responsibility for referral and relocation activity of Broker shall be performed by designated employees, who shall be available during norma1 business hours (and after hours at a telephone number listed in the PRS Directory) as required for the handling of incoming and outgoing referrals, in accordance with the PRS Policy Manual. g. Broker shall abide by the referral fee structure hereinafter set forth. h. Broker shall only be eligible to receive commercial real estate referrals if Broker has qualified for commercial real estate referrals in accordance with the PRS Policy Manual.