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Affiliate Agreement
Define commission structures and responsibilities with this Affiliate Agreement Template.
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Affiliate Agreement Template
This Affiliate Agreement (“Agreement”) is entered into on [Date], by and between:
Company (Merchant): [Full Legal Name / Company Name]
Address: [Address]
Contact: [Phone, Email]
Affiliate: [Full Legal Name / Company Name]
Address: [Address]
Contact: [Phone, Email]
Together referred to as the “Parties.”
1. Appointment of Affiliate
The Company appoints the Affiliate as a non-exclusive partner authorized to promote and refer customers to the Company’s products/services in exchange for commissions as set forth herein.
2. Affiliate Responsibilities
The Affiliate agrees to:
Use only approved marketing materials and follow Company brand guidelines.
Avoid misleading, unlawful, or spam-based promotional practices.
Comply with applicable laws and regulations, including advertising and consumer protection laws.
3. Commission and Payment
Commission Rate: [X% or $X per sale/referral].
Payment Schedule: [Monthly/Quarterly] within [X] days after the end of the period.
Payment Method: [Bank transfer, PayPal, etc.].
The Company reserves the right to withhold commissions for fraudulent or canceled transactions.
4. Intellectual Property
The Affiliate is granted a limited, non-transferable license to use the Company’s trademarks, logos, and marketing materials solely for promotion under this Agreement. Ownership of all intellectual property remains with the Company.
5. Confidentiality
The Affiliate shall maintain confidentiality of all non-public business, financial, or technical information obtained under this Agreement.
6. Term and Termination
Term: This Agreement begins on the Effective Date and continues until terminated.
Either Party may terminate this Agreement with [X days] written notice.
The Company may terminate immediately for breach, misuse of IP, or unlawful conduct.
7. Independent Contractor Status
The Affiliate is an independent contractor and not an employee, partner, or agent of the Company. The Affiliate is solely responsible for taxes, expenses, and business operations.
8. Limitation of Liability
The Company shall not be liable for indirect or consequential damages. Liability is limited to the amount of commissions paid to the Affiliate in the [X months] preceding a claim.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State/Country].
10. Entire Agreement
This Agreement represents the complete understanding of the Parties and supersedes all prior arrangements. Amendments must be in writing and signed by both Parties.
Signatures
Company: ____________________________ Date: _________
Name/Title: _________________________________________
Affiliate: ____________________________ Date: _________
Name/Title: _________________________________________
Details
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Affiliate Agreement
AFFILIATE AGREEMENT FAQ
What is an Affiliate Agreement?
An Affiliate Agreement is a contract between a business (the merchant) and an affiliate (the promoter) that governs the terms under which the affiliate markets the merchant’s products or services in exchange for compensation, typically a commission.
Why is an Affiliate Agreement important?
It ensures clarity by defining roles, commission rates, payment schedules, and acceptable marketing practices. It also protects the business brand by setting rules on advertising, compliance, and intellectual property use.
When should you use an Affiliate Agreement?
Use it whenever establishing or expanding an affiliate marketing program. It is particularly useful for e-commerce businesses, digital service providers, and companies leveraging influencers or referral partners.
What should an Affiliate Agreement include?
It should outline commission structures, payment terms, marketing guidelines, intellectual property rights, termination provisions, and governing law. It may also include restrictions to ensure compliance with advertising laws and industry standards.
Does an Affiliate Agreement create an employment relationship?
No. Affiliates are independent contractors, not employees. The agreement should clearly state this to avoid misclassification issues.
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