An affiliate agreement forms a legally binding relationship between two parties, where one party (the “Affiliate”) receives compensation for promoting the other (the “Company”) to visitors of the affiliate’s website or app. The relationship can last for any length of time the two parties agree on.
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(the “Agreement”) provides the terms and conditions of the relationship between:
Company: [Sender.Company] , a/an
Limited Liability Company
Other, at [Sender.StreetAddress] , [Sender.City] , [Sender.State] [Sender.PostalCode] ("Company")
Affiliate: [Affiliate.Company] , a/an (check one)
Limited Liability Company
Other, at [Affiliate.StreetAddress] , [Affiliate.City] , [Affiliate.State] [Affiliate.PostalCode] ("Affiliate")
In order to participate in the (Company.Name) Affiliate Program (the "Program") to refer traffic to the company's website.
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the Company is the sole owner and operator of the Internet site known
as (the “Site”); and
WHEREAS, the Company has created a Program that enables Affiliates to refer internet traffic to the Site from the website(s) or advertising networks of others in exchange for agreed consideration; and
you are the sole owner of the website(s) known as (collectively, the “Affiliate Site”); and
you desire to participate in the Program, as evidenced by your application, which application the Company may approve or disapprove, at its sole discretion.
in consideration of the mutual promises herein, the Parties agree as follows:
In these types of agreements, the affiliate most often does not get a say in the specific terms. The affiliate signs up for the company’s program, and there is no bargaining over the agreement.
It is understood that the Affiliate will introduce Company products and services to their current and prospective customers and will comply with
all laws, including those that govern email marketing and anti-spam laws.
The Affiliate will be fully responsible for any costs related to maintaining
or marketing the Affiliate Program, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate's website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses.
The Company reserves the right to accept or reject any prospective customers. It will pay the Affiliate a commission per customer referred
using an affiliate code and according to a designated payment schedule.
The Affiliate will act as an agent on behalf of the Company by placing links
on their website(s) to direct traffic to the Company website(s) registered
at (Domain Names). In addition, the Affiliate shall coordinate with the Company to carry out successfully the marketing, publicizing, and promotion of the Company's products or services.
Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on the company website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
There are no set rules when it comes to drafting an affiliate agreement. Therefore, it’s important to run the numbers and make a deal that is beneficial and sustainable for both parties.
The Affiliate is only eligible to earn commission fees on qualified purchases occurring during the term, and commission fees earned through the date of termination will remain payable only if the orders for the related products and services are not canceled and comply with all terms laid out in this Agreement.
The Company may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from referred co mpany in its sole discretion.
Any Affiliate who violates either this Agreement or the Company's Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Program.
Without limitation, the Affiliate's participation in the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate's violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.
As a merchant, you want to discourage affiliates from using any confidential information provided to them. Your affiliates should only be allowed to use confidential information for expressly authorized purposes, as long as their use of it does not harm your interests and reputation. Any other uses should be subject to your prior approval.
The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without the Company's prior written consent.
The Affiliate shall not disclose any confidential information to any person
or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder
and have executed agreements of confidentiality no less protective than
this Agreement without the Company's prior written consent.
The Affiliate's obligations include taking all actions necessary to ensure
that any affiliates, employees, contractors, or agents abide by the terms
of this section in their entirety.
Confidential information does not include information that
is or becomes publicly known through lawful means;
was rightfully in provider’s possession or part of the Affiliate's general knowledge before the effective date
of this Agreement; or
is disclosed to the Affiliate without confidential restriction
by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from the Company.
Make sure you have an optimized affiliate sign-up page on your website. The page should include the program description, commission structure, and a sign-up button. This is important, as many potential affiliates find out about new affiliate programs from the company’s website.
The Affiliate hereby agrees to indemnify and hold harmless the Company,
its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses
(or actions in respect thereof) arise out of or are based on:
Any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
Any claim related to the Affiliate's site, including, without limitation, its development, operation, maintenance, and content therein not attributable to the Company.
Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
To register for the Affiliate Program, the recipient must complete and send an Affiliate Program Application to the Company. The Affiliate Program Application is included on the Company's website and can be completed
and submitted through the site.
The Company will evaluate the application and notify the Affiliate of their acceptance or rejection. The Company may reject the application for any reason at their sole discretion.
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Without limiting the ability to reject any application for any reason at the Company's absolute discretion, the Affiliate application will be rejected if:
The application is incomplete.The Affiliate website contains images or content that promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
The Affiliate website promotes illegal activities or is intended to harass or defame any person.The Affiliate website intentionally includes variations or misspellings thereof in their domain names or otherwise violates the Company's intellectual property rights or the intellectual property rights of others.
If the Company rejects the Affiliate’s application, the Affiliate is welcome to reapply to the program at any time.
However, if the company accepts the application, they reserve the right to terminate the Affiliate’s participation in the program for any reason at their sole discretion immediately and without prior notice.
The Company may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, the Company will notify the Affiliate by email. Modifications may include but are not limited to changes in the payment procedures and Company Affiliate Program rules.
If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the Company Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.
The Company makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who access the Company website through the Affiliate's site.
Commissions will be based on gross sales price, not including any sales tax, shipping, special service fees (such as gift wrapping), late charges, collection costs, and any other payment made to the Company that is not the purchase price of the product.
The percentage paid as commissions is outlined in Schedule A (attached to this agreement). Payments are made automatically on the (insert day) day of each month OR when the Affiliate's account balance reaches $(insert amount) or more for the previous months' transactions. The Affiliate understands that the Company may change the payout amount at any time.
The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. The Company reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.