This Affiliate Program Agreement (“Agreement”) outlines the terms and conditions that govern your participation in our Affiliate Program (the “Program”) and serves as a legally binding contract between [Company Name] (“Company”) and the affiliate partner (“Affiliate” or “You”). By participating in the Program, you agree to comply with this Agreement, all applicable laws, and the ShareASale Terms of Use.
1. Program Enrollment
To enroll in the Program, you must submit a completed application through ShareASale.
Company reserves the right to review and accept or reject any application at its sole discretion.
2. Affiliate Responsibilities
Promotion and Marketing: Affiliates are authorized to promote Company’s products using approved affiliate links provided through ShareASale. Affiliates are prohibited from engaging in any false, misleading, or deceptive advertising practices.
Compliance with Laws: Affiliates must comply with all applicable local, national, and international laws, including those related to data privacy, advertising, and consumer protection.
ShareASale Terms: All Affiliates are bound by ShareASale’s Terms of Use and are expected to follow all guidelines and requirements as provided by ShareASale.
3. Affiliate Restrictions
Prohibited Activities: Affiliates may not:
Use any form of paid search engine marketing (e.g., Google Ads) to bid on Company’s branded keywords, trademarks, or any related terms.
Use spam, unsolicited emails, or other disruptive marketing practices.
Engage in any fraudulent or illegal activities, including click fraud, misrepresentation, or the use of bots to artificially inflate clicks or conversions.
Misrepresent the Company, its products, or services.
Use any advertising that could be considered inappropriate, offensive, or otherwise harmful to Company’s reputation.
Promote Company products through any religious or political organizations, channels, or affiliations.
Create websites, apps, or social media pages that mimic Company’s branding, domain name, or official channels in a deceptive manner.
4. Commission Structure and Payment
Commission Rate: Affiliates will earn a percentage of each qualified sale made through their unique affiliate link, as specified within their ShareASale account.
Payment Terms: Commissions are paid on a monthly basis, provided that the minimum payout threshold has been met as per ShareASale's payment guidelines.
Returns and Refunds: If a referred customer returns a product or if a sale is reversed or deemed fraudulent, Company reserves the right to withhold or reclaim commissions associated with that sale.
5. Intellectual Property Rights
Affiliates are granted a non-exclusive, non-transferable, revocable right to use Company’s logos, trademarks, and approved marketing materials solely for the purpose of promoting Company products within the terms of this Agreement.
Affiliates may not modify, alter, or create derivative works from Company’s intellectual property without prior written consent.
6. Confidentiality
Affiliates agree to treat all information received from Company as confidential, including but not limited to Program terms, commissions, and marketing strategies. Affiliates must not disclose confidential information to any third party.
7. Limitation of Liability
Company is not liable for any indirect, incidental, or consequential damages arising out of or related to this Agreement. Company makes no representations or warranties with respect to the Program or the products promoted and is not responsible for Affiliate’s success or profitability.
8. Termination
Either party may terminate this Agreement at any time, with or without cause, by giving written notice to the other party.
Upon termination, the Affiliate will cease using any Company branding, logos, or promotional materials and must immediately stop promoting Company products.
In cases of breach of this Agreement by the Affiliate, Company reserves the right to terminate the Affiliate’s participation in the Program without notice and without compensation.
9. Modification of Terms
Company reserves the right to modify the terms of this Agreement at any time. Affiliates will be notified of any changes, and continued participation in the Program constitutes acceptance of the revised terms.
10. Governing Law and Dispute Resolution
This Agreement is governed by the laws of [Jurisdiction]. Any disputes arising out of or related to this Agreement will be resolved through binding arbitration in accordance with [Arbitration Rules] or, if not applicable, in the courts located in [Jurisdiction].
11. Acceptance of Agreement
By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You also agree to comply with all requirements outlined herein and with the ShareASale Terms of Use.
