Get a well formatted Affiliate Program Agreement that will solidify the affiliate marketing efforts of your business.
An Affiliate Program Agreement is a document which is used to form a relationship between two parties for the purpose of affiliate marketing efforts. Affiliate marketing is a performance-based marketing where a business rewards affiliates for each customer brought on through the affiliates marketing initiatives. As such, and in the context of an affiliate program agreement, the company and the affiliate form a relationship where the affiliate gets funds from the company for specific marketing actions and services.
Business-in-a-Box has over 2,000 business and legal agreements that cover all of your contractual needs, including an array ofaffiliate program agreements. Affiliate program agreements are made up of two forms: affiliate agreements in which the affiliate gets money for user clicks on the company's website (for example), or affiliate agreements in which case the affiliate gets money for user purchases which they make from selling goods or services.
Due to digitalization, many businesses are now online, and this has subsequently increased the use of Affiliate Program Agreement templates. These businesses have been working with affiliates online to gain more customers. An affiliate program agreement allows the affiliates to make significant income from affiliate relationships. The contract can be signed between the affiliates and the companies which will allow them to use social outreach to garner more consumers. Based on this agreement, both parties will work for a specific period which will be detailed in the agreement. Any customer that decided to use the online links of the affiliate to make a purchase from the company in question will lead to the generation of the commission for the affiliate which will work in their benefit.
Although affiliates are seldom asked about clauses in such types of agreements, the affiliate must ensure that all specific terms are read in detail to ensure that their rights are well understood. It is always possible that an affiliate can sign up for the program that is offered by the company without there being any need for negotiating over the agreement or the percentage of commission. However, like any type of legal document, you do have the option to negotiate if need be. Always make sure that you give a thorough read to it.
TheAffiliate contract templateis a document which is used by a company for hiring new affiliates for its affiliate program. Affiliate program agreements, as mentioned above, are used by companies as such. This document can be used as is as it contains all of the legal essentials for an affiliate program agreement.
The company in question will use this template for hiring new affiliates as part of their digital marketing initiative. The affiliate program agreement template is completely customizable. Whatever your company and specific needs, you can add all your details in the fill-in the blanks section and headings with ease. Furthermore, details of the affiliate relationship can be specified here. These can include the type of affiliate program which the company has been offering and the specific payout terms. These details are the main concerns of the affiliates when they are signing the contract.
The exhibits are proved in detail to list out all the payments and terms and conditions of the contract as well as the clauses related to the termination and disputes. Make sure that you fill it out and review it thoroughly to get the best deal. With this affiliate agreement template, you will find all the headings already prepared for you. All you need to do is fill in the data as per your company requirements.
There are a few things that you need to consider while you complete the affiliate program agreement template and they must be filled out carefully. Below you will find an overview of the details you should enter in the template to ensure your affiliate program agreement serves the right purpose.
Here, you will need to list the set of the roles and responsibilities which the affiliate should offer the company. The affiliate should agree to not entertain any representations, warranties or other statements in concerning the business.
List out the time period for which the agreement will be held. The starting and the ending date, month and year must be mentioned here.
This will be based on the exhibits given below which the company will be providing to the affiliate. The terms of payment will be a part of this section.
This section will entail all the terms and conditions which are associated with the affiliate agreements between the affiliate and company that is offering these programs. Make sure that, if you are the company which is offering the program, you list out all the terms and conditions that are of your best interest.
Add clear instructions about the “Confidential Information” in this section while detailing the entire ongoing process of the affiliate marketing program.
Address “Intellectual Property” which includes the rights existing under the patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all laws pertaining to other proprietary rights. The Affiliate must be totally aware of this.
The customers and business affiliate referred must be explained and addressed in this section.
Terms and conditions must address the “Referred Visitor” clearly for the Affiliates.
“Hosting Revenue” and “Revenue Share” or “Commission” and related terms and conditions must also be detailed out in this section.
2.1. Trademark License.
Addresses all the terms and condition about the trademark license for operating as an affiliate in this section.
2.2. Trademark Restrictions
Address all the restrictions which the company has on the trademark license and the affiliate while providing the hosting services.
In this section, make it clear that the affiliate shall retain all rights, titles, and interests, including that which is not a part of the intellectual property rights of the company.
In this section of the affiliate program agreement template, it is at the sole discretion of the company to determine if any affiliate is associated with any infringement of the intellectual property rights or is causing any obscene, defamatory, objectionable or offensive acts in the name of the company. The affiliate must not use the name of the company in defamatory manner or in paid advertisements neither in connection to any third party since it will terminate the contract. Finally, the validity, ownership, title, or registration of company cannot be challenged by the affiliate at any point.
In this section, address the consequences of the unauthorized use of the marks of the company by the affiliate.
The details of the tax and payment information which is needed for the Commission payment to the Affiliate must be addressed in this section. Lack of the necessary tax or payment information can affect the entire revenue sharing and acquiring of commissions. Companies might seek a W8/W9 IRS tax form from the Affiliates.
The use of the name and trademark of the company will be cancelled as soon as the contract is terminated. Both parties are due to oblige these terms. Legal action can be taken should the affiliate decide to use the company name post termination of the contract.
User data cannot be sold, disclosed, transferred, or rented for any demographic information or personal data to any third party. Clarify this here.
Address the corporate rights of both parties in this section of the affiliate agreement template contract.
No party in this case will be liable for any special, incidental or consequential damages or lost profits in any case in such contracts which must be addressed in this section.
Address any disclaimers of the company in this section.
Affiliate must ensure that they indemnify, save and hold harmless intentions against the company for whom they are working for. The affiliate program agreement template must address this section in detail.
This section must strictly address the fact that no party can disclose information designated as confidential or proprietary of the company.
In this section, you must add the details about the sharing of the revenue associated with the affiliate program agreement. A revenue share will have to be made to the affiliate on a qualified purchase by a customer which will result form the web hosting provided by the affiliate. The company can set requirements for the affiliate in such cases.
The affiliate program is only eligible if the customer is a verified referred visitor who has registered with the company while making a purchase. No revenue share will be paid if the customer came from any of the partners or subsidiaries of the company. In addition to this, each customer must make a purchase and give a valid payment for the purchased for tracking of records. If there is any refund or order cancellation, no revenue share will be given to the affiliate. In addition to this, the revenue share clauses and terms and condition can vary from company to company based on the services offered by the company. If you are an affiliate, discuss the payment methods in which the payment of the revenue share will be provided to you. The company in such cases holds the right about the revenue sharing. However, any fraudulent conduct by any part in such cases can lead to legal consequences. Finally, the payment can be suspended at the sole discretion of the company so make sure that such clauses are addressed properly in the Affiliate agreement template.
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