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: _________________________________________