Affiliate Program Agreement
This Affiliate Program Agreement (the "Agreement") is entered into by and between [Your Company Name] ("Company") and the affiliate ("Affiliate") who applies to participate in the Company’s Affiliate Program (the "Program").
1. Program Overview
Through the Program, the Affiliate will promote the Company’s products and/or services, and, in return, the Company will pay the Affiliate a commission for sales generated through the Affiliate’s marketing efforts, as outlined in this Agreement.
2. Acceptance into the Program
By applying, the Affiliate agrees to the terms and conditions outlined in this Agreement. The company reserves the right to accept or reject any Affiliate application at its sole discretion, without obligation to disclose the reasoning behind such a decision.
3. Affiliate Responsibilities
a. Promotion: The affiliate will promote Company products/services via marketing channels such as websites, blogs, social media, and emails. All promotional content must comply with applicable laws and adhere to the Company’s branding guidelines.
b. Compliance: Affiliates agree to comply with all laws, rules, and regulations applicable to their marketing activities, including, but not limited to, the CAN-SPAM Act, FTC guidelines, and GDPR if they operate in or market to jurisdictions within the EU.
c. Non-Deceptive Marketing: Affiliate will not make false, misleading, or exaggerated claims about the Company’s products or services.
4. Affiliate Commissions
a. Commission Structure: Commissions are based on a percentage of the sale amount for each sale generated by the Affiliate’s unique referral link. The commission rate is [6%].
b. Payment Terms: Payments will be made monthly/quarterly after the end of the applicable month, with a minimum threshold of [e.g., $100] required for payout. Commissions will only be paid for successfully completed sales and will not be refunded.
c. Tracking: The company will track sales using a unique tracking link assigned to the Affiliate. Commissions will only be credited for sales tracked via this link.
5. Prohibited Activities
a. Unauthorized Advertising: Affiliate is prohibited from using unsolicited commercial emails (spam), misleading advertisements, or unauthorized ads that conflict with the Company’s brand.
b. Use of Trademark: Affiliate may not use Company trademarks, logos, or other proprietary information without the Company’s prior written consent.
c. PPC Restrictions: Affiliates may not bid on Company-related keywords in paid search advertising without prior authorization.
6. Term and Termination
a. Term: This Agreement begins upon Affiliate’s acceptance into the Program and continues until terminated.
b. Termination: Either party may terminate this Agreement at any time, with or without cause, by providing notice to the other party. Company reserves the right to terminate the Agreement immediately if Affiliate violates the terms.
c. Effect of Termination: Upon termination, the Affiliate will cease using any Company materials, links, and branding and will no longer be entitled to commissions for future sales.
7. Intellectual Property
All intellectual property, including trademarks, logos, and promotional content provided by the Company, remains the sole property of the Company. Affiliate agrees not to infringe or misuse the Company’s intellectual property.
8. Limitation of Liability
Company will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including loss of profits, goodwill, or data) arising out of this Agreement, even if Company was advised of the possibility of such damages.
9. Confidentiality
Affiliate agrees not to disclose any confidential information obtained from Company, including commission structures, customer information, or proprietary business information.
10. Governing Law
This Agreement is governed by the laws of the US. Any disputes arising under this Agreement will be resolved in the US courts.
11. Miscellaneous
a. Entire Agreement: This Agreement constitutes the entire understanding between the parties.
b. Amendments: The company reserves the right to modify the terms of this Agreement. Any amendments will be effective upon posting on the Company’s website or written notification to the Affiliate.
c. Severability: If any provision of this Agreement is unenforceable, the remaining provisions will remain in full force. By participating in the Affiliate Program, Affiliate agrees to all terms and conditions stated in this Agreement.
