Is an electronic signature legally valid?

Yes. Electronic signatures are valid under the federal ESIGN framework (15 U.S.C. ch. 96) and under UETA in most states when the transaction shows intent to sign, consent to electronic records, attribution to the signer, and reliable record retention.

Are notarization or witnesses required?

Most Employee Non-Kickback Agreements do not require notarization or witnesses. Specific document types or state rules may impose notarization for certain instruments; check applicable state law or consult counsel for atypical cases.

How long must I keep signed copies?

Retain signed agreements for the active term plus a post-termination period consistent with federal and industry rules. Preserve financial records per IRC §6501(a) and HIPAA-related materials for six years under 45 CFR §164.530(j).

What signer authentication level should I use?

Choose authentication proportional to risk: email or SMS may suffice for low-risk roles; use ID verification, KBA, or multi-factor authentication for procurement, healthcare referrals, or high-value transactions to reduce repudiation risk.

Can I amend the agreement electronically?

Yes. Amendments executed electronically are valid if parties consent to e-signing and the change meets ESIGN/UETA requirements. Preserve a clear version history and signed acknowledgment of the amendment for enforceability.

What if a signer disputes the signature?

Investigate using the platform audit trail, including IP, timestamps, and authentication logs. If the record is inconclusive, consult counsel about rescission, re-execution, or forensic authentication; stronger initial authentication reduces dispute likelihood.

Electronic Signature
Templates
HR
Employee Non-Kickback Agreement

Employee Non-Kickback Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYEE NON-KICKBACK AGREEMENT

This Employee Non-Kickback Agreement (the Agreement) is made and entered into effective as of by and between Employer Name: and Employee Name: .

PERSONAL INFORMATION

Full Legal Name Home Address Phone Email

POSITION INFORMATION

Job Title Department Reporting Manager

Start Date: Salary:

RECITALS

WHEREAS Employer is engaged in operations that require strict compliance with laws and internal policies prohibiting bribery, kickbacks, and improper payments; and WHEREAS Employee will have access to customers, vendors, procurement processes, and confidential information; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows.

1. PROHIBITION ON KICKBACKS AND UNLAWFUL PAYMENTS

Employee covenants and agrees that, during employment and for a period of two (2) years after termination, Employee shall not, directly or indirectly, give, offer, solicit, accept or receive any kickback, bribe, rebate, or other improper payment or other consideration in connection with Employee's duties or the business of Employer. This prohibition applies to payments in cash or kind, commissions, gifts, favors, pass-through payments, or any arrangement intended to conceal the true nature of a transaction.

2. GIFTS, ENTERTAINMENT AND HOSPITALITY

Employee must disclose to Employer any offer of gifts, entertainment, hospitality, or other benefits from customers, suppliers, or third parties with a value in excess of . Acceptance of any gift or benefit that could reasonably be perceived to influence business decisions is prohibited unless expressly pre-approved in writing by the designated compliance officer.

3. REPORTING AND DISCLOSURE

Employee shall promptly disclose in writing any request, demand or offer for a kickback, bribe or improper payment to the reporting manager or to the compliance office. Such disclosure shall include the identity of the third party, the nature of the request, the amount involved (if any), and any other relevant facts.

4. COOPERATION WITH INVESTIGATIONS

Employee agrees to cooperate fully and to provide truthful information in any internal or external investigation relating to alleged violations of this Agreement, including preservation and production of relevant documents and attendance at interviews or hearings as requested by Employer.

5. RECORDKEEPING

Employee shall not create or maintain false or misleading records of transactions, and shall promptly submit accurate expense reports, invoices and other transaction documentation in accordance with Employer's policies. Falsification of records to conceal a kickback or improper payment is grounds for disciplinary action, up to and including termination and referral for criminal prosecution.

6. CONFLICTS OF INTEREST

Employee shall avoid conflicts of interest and shall disclose any personal or financial interest in transactions involving Employer. Employee shall not use Employer's position or confidential information for personal gain.

7. COMPLIANCE WITH LAWS

Employee shall comply with all applicable anti-corruption, anti-bribery, procurement, and other laws and regulations. Any violation of such laws in connection with Employee's duties may result in civil and criminal penalties in addition to Employer disciplinary measures.

8. REMEDIES; DISCIPLINE

Employee acknowledges that breach of this Agreement may result in disciplinary action including termination for cause, forfeiture of compensation, recovery of damages, injunctive relief, and referral to law enforcement. Employer's remedies are cumulative and in addition to any remedies available at law or in equity.

9. TERM; SURVIVAL

This Agreement is effective as of the effective date above and remains in force for the duration of Employee's employment and for two (2) years thereafter. Provisions that by their nature should survive termination shall so survive, including but not limited to Sections 1, 3, 4, 5, 8, 9 and 11.

10. EMPLOYEE REPRESENTATIONS

Employee represents and warrants that Employee has no existing obligations that would conflict with Employee's performance hereunder, and that Employee has not been convicted of, nor is currently under indictment for, any offense involving bribery, fraud or corruption. Employee shall promptly notify Employer if such a condition arises.

11. INDEMNIFICATION

Employee shall indemnify and hold harmless Employer from and against any losses, liabilities, costs, fines or expenses (including reasonable attorneys' fees) arising from Employee's breach of this Agreement, gross negligence or willful misconduct.

12. MISCELLANEOUS

This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes prior agreements. Amendments must be in writing and signed by both parties. If any provision is held invalid, the remainder shall remain in effect. This Agreement shall be governed by the laws of the state in which Employer's principal place of business is located.

EMPLOYMENT HISTORY

Most Recent Employer

Company Name Title / Role

Dates Employed: From to

Primary Responsibilities Reason for Leaving

Prior Employer

Company Name Title / Role

Dates Employed: From to

Primary Responsibilities Reason for Leaving

EDUCATION

Highest Degree Institution

Graduation Date:

REFERENCES

Reference 1

Reference 2

Reference 3

LEGAL DISCLOSURES

AT-WILL EMPLOYMENT: Employee acknowledges that, unless otherwise set forth in a separate written agreement signed by an authorized representative of Employer, Employee's employment is at-will and may be terminated by either party at any time, with or without cause or notice.

EQUAL OPPORTUNITY: Employer is an equal opportunity employer. Employment decisions are made without regard to protected characteristics as defined by applicable law.

AUTHORIZATION

By checking the box below, Employee authorizes Employer to contact prior employers and references, and to obtain criminal, credit, and other background checks as permitted by law in connection with Employee's employment.

I authorize contact and background checks as described above.

EMPLOYEE CERTIFICATION

I certify that all information provided in this Agreement and in accompanying employment records is true, complete and correct to the best of my knowledge. I have read and understand this Agreement, and I agree to comply fully with its provisions. I understand that a breach of this Agreement may result in disciplinary action, up to and including termination of employment, and may give rise to civil and criminal liability.

I certify and acknowledge the statements in the Employee Certification above.

Employee:

Printed Name:

By:

Date:

Employer:

Printed Name:

By:

Date:

What an Employee Non-Kickback Agreement Is

The Employee Non-Kickback Agreement is a contractual document that prohibits employees, contractors, and agents from soliciting or accepting kickbacks, referral fees, or undisclosed payments tied to vendor selection, client referrals, or procurement decisions. It defines prohibited conduct, disclosure obligations, reporting channels, and disciplinary measures, and it documents employer expectations for conflicts of interest and permitted compensation. Organizations use this agreement to support internal compliance programs, maintain evidence of policy delivery, and create a record suitable for audits or investigations; electronic execution is permitted under ESIGN and UETA where applicable.

Why this Agreement Matters for Compliance and Risk Control

An Employee Non-Kickback Agreement reduces exposure to fraud and regulatory risk by documenting prohibited payments, clarifying reporting responsibilities, and establishing remedies. It creates a clear record that the employer communicated expectations and enables consistent enforcement across departments.

Who Typically Uses the Employee Non-Kickback Agreement

Employers, HR teams, and compliance functions use this agreement when onboarding or supervising staff with procurement or referral responsibilities.

HR teams managing onboarding and disciplinary processes for employees with referral duties.
Compliance officers monitoring regulatory obligations in healthcare and government contracting roles.
Managers and procurement staff who authorize vendor relationships or third-party referrals.

Apply the agreement consistently for hires, vendor introductions, and contractor engagements to reduce ambiguity and strengthen enforcement.

Typical Signers and Their Roles

HR Director

HR Directors deploy the agreement as part of onboarding, collect signed acknowledgments, coordinate training, and apply progressive discipline when provisions are breached. They maintain signed records and support internal reviews to ensure consistent application across business units and job classes.

Compliance Officer

Compliance Officers integrate the agreement into monitoring and reporting programs, review disclosures, investigate alleged violations, and coordinate corrective actions. They ensure alignment with applicable statutes and advise on industry-specific regulatory interactions.

Step-by-Step: Complete and Record the Agreement

Follow these steps to prepare, authorize, and retain a completed Employee Non-Kickback Agreement for an employee or contractor.

01

Prepare Document: Populate template fields with accurate party and role information.
02

Review Terms: Confirm compensation and disclosure clauses align with company policy.
03

Obtain Signature: Use a compliant eSign method or wet signature as allowed.
04

Store Record: Save signed copy with audit trail and retention metadata.

How to Configure the Online Signing Workflow

Set up the template and workflow to enforce required fields, collect authentication, and route signed agreements to secure storage.

Field	Configuration
Authentication Method	Email link or SMS code; upgrade to KBA or ID check as needed.
Required Fields	Make name, effective date, and compensation disclosure required.
Reminder Settings	Auto-remind signers at 3 and 7 days.
Storage Location	Store signed PDF in secured document management system.

Platform Requirements for Secure eSigning

Choose an eSignature platform that meets authentication, audit trail, and integration requirements for handling Employee Non-Kickback Agreements.

Integrations: Salesforce, Microsoft 365, NetSuite integrations.
Authentication: Email, SMS, or advanced KBA options.
File Formats: PDF, DOCX, and HTML accepted.

Where to Send and How the Submission Flow Works

A simple submission flow helps collect, verify, and retain Employee Non-Kickback Agreements while preserving a full audit trail.

Upload Template: Add the agreement and map fillable fields.
Add Signers: Enter employee and approver contact information.
Authenticate Signer: Apply the chosen verification method and capture consent.
Finalize Record: Complete signing and record the certificate of completion.

Key Sections to Include in a Professional Agreement

A complete Employee Non-Kickback Agreement contains clear definitions, disclosure rules, reporting channels, remedies, and an acknowledgment to ensure enforceability and consistent application.

Parties

Identify the employer, employee, and any third parties. Specify relationships and whether contractors or agents are covered so the scope of the agreement is unambiguous for compliance and enforcement.

Prohibited Conduct

Describe forbidden payments, referral fees, kickbacks, and gifts above defined thresholds. Provide concrete examples to reduce interpretive disputes and clarify prohibited behaviors tied to procurement or client referrals.

Disclosure Requirements

Require timely written disclosures of referral arrangements, outside employment, or commission arrangements. Define approval process, documentation, and the person or team that reviews disclosures.

Reporting Mechanism

Provide confidential reporting channels, non-retaliation assurances, and steps for anonymous or escalated complaints with defined timelines for acknowledgement and investigation.

Remedies and Discipline

Enumerate progressive discipline, repayment obligations, contract termination rights, and potential referral to enforcement or regulatory authorities for serious violations.

Compliance Certification

Include an employee acknowledgment that they reviewed the policy, completed required training, and will cooperate with internal investigations and audits.

Security, Privacy, and Compliance Essentials

Encryption in Transit: Uses TLS 1.2 and TLS 1.3.

Encryption at Rest: Encrypted at rest with AES-256.

Certifications: ISO 27001 and SOC 2 Type II certified.

HIPAA Support: HIPAA compliant; BAA available on request.

Audit Trail: Detailed audit trail with timestamps.

Authentication Options: Supports SSO, 2FA, and advanced authentication.

Penalties and Risks of an Incorrect or Missing Agreement

Contract Invalidity: Enforceability may be challenged in disputes.

Regulatory Fines: Regulatory fines or sanctions possible.

Criminal Liability: Possible criminal exposure in extreme cases.

Reputational Harm: Damage to employer reputation.

Tax Withholding Issues: Incorrect reporting may trigger withholding.

Civil Litigation: Civil suits and restitution claims.

Common Mistakes to Avoid

Using nicknames, initials, or inconsistent name formats for signers causes identity-matching failures and complicates enforcement or payroll reconciliation during disputes.
Failing to disclose commissions, vendor relationships, or referral arrangements creates gaps that can be exploited and weakens internal investigations.
Allowing low-assurance signings or relying solely on email acceptance increases the risk of signature repudiation when authenticity is contested.
Storing signed documents without audit metadata, access controls, or backups makes compliance audits and legal defense more difficult and time-consuming.

Real-World Examples of eSigning Compliance Documents

These examples show how organizations centralize compliance forms and obtain timely signatures using eSignature workflows.

Brian Fitzgibbons

Optica Ventures standardized employee compliance forms to reduce processing time and centralize signed records across departments.

They deployed an eSignature workflow to collect acknowledgments quickly.
Brian Fitzgibbons, COO, said the interface is simple and easy-to-use for teams and customers; centralized audit trails improved responses to internal inquiries and supported vendor or client audits.

Kodi-Marie Evans

Xerox integrated compliance templates into NetSuite to auto-populate employee data and accelerate signing.

This automated routine agreement distribution and tracking.
Kodi-Marie Evans, Director of NetSuite Operations, noted integrations allowed correct routing, reduced manual errors, and ensured each agreement included an audit trail for compliance reviews.

Timelines and Recommended Review Schedule

Recommended timelines focus on when to issue, review, and update agreements rather than statutory filing deadlines.

Sign at onboarding:

Obtain signature before duties involving referrals begin.

Annual review:

Review the agreement annually or when job duties change.

Update on role change:

Require re-signing if responsibilities or compensation change.

Response to allegation:

Preserve records and initiate immediate investigation procedures.

Retention trigger:

Start retention from effective date or termination per policy.

eSignature Pricing and Feature Comparison

Comparison of common eSignature providers used to execute Employee Non-Kickback Agreements; signNow is listed first for parity across features and pricing.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/yr	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions and Troubleshooting

Common questions about enforceability, e-signing, notarization, retention, and disputes related to Employee Non-Kickback Agreements.

Need help? Contact support

Is an electronic signature legally valid?
Yes. Electronic signatures are valid under the federal ESIGN framework (15 U.S.C. ch. 96) and under UETA in most states when the transaction shows intent to sign, consent to electronic records, attribution to the signer, and reliable record retention.
Are notarization or witnesses required?
Most Employee Non-Kickback Agreements do not require notarization or witnesses. Specific document types or state rules may impose notarization for certain instruments; check applicable state law or consult counsel for atypical cases.
How long must I keep signed copies?
Retain signed agreements for the active term plus a post-termination period consistent with federal and industry rules. Preserve financial records per IRC §6501(a) and HIPAA-related materials for six years under 45 CFR §164.530(j).
What signer authentication level should I use?
Choose authentication proportional to risk: email or SMS may suffice for low-risk roles; use ID verification, KBA, or multi-factor authentication for procurement, healthcare referrals, or high-value transactions to reduce repudiation risk.
Can I amend the agreement electronically?
Yes. Amendments executed electronically are valid if parties consent to e-signing and the change meets ESIGN/UETA requirements. Preserve a clear version history and signed acknowledgment of the amendment for enforceability.
What if a signer disputes the signature?
Investigate using the platform audit trail, including IP, timestamps, and authentication logs. If the record is inconclusive, consult counsel about rescission, re-execution, or forensic authentication; stronger initial authentication reduces dispute likelihood.

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