Get a well formatted Affiliate Program Agreement that will solidify the affiliate marketing efforts of your business.
An Affiliate Program Agreement serves as a crucial document that outlines the relationship between a business and its affiliates for the purpose of affiliate marketing. With the increasing digitalization of businesses, affiliate marketing has gained popularity as an effective way to generate more customers. The agreement enables affiliates to earn significant income through their promotional efforts. It specifies the marketing actions and services for which affiliates receive funds from the company.
Business in a Box has over 2,600 business and legal agreements that cover all of your contractual needs, including an array of affiliate 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.
Digitalization has led to the rise in online businesses working with affiliates to expand their customer base. By signing an affiliate program agreement, affiliates can utilize their social outreach to attract consumers. This agreement defines the duration of the collaboration between the affiliate and the company, ensuring transparency and clarity for both parties. While some agreements may not require negotiation, it is essential for affiliates to carefully read and understand all the specific terms outlined in the agreement.
The Affiliate Contract template is designed to assist companies in hiring new affiliates for their affiliate program, supporting their digital marketing initiatives. This customizable template allows you to add your company's specific details and requirements easily. It covers important aspects such as the type of affiliate program offered, payout terms, and the duration of the agreement. The exhibits section provides a comprehensive breakdown of payments, terms and conditions, termination clauses, and dispute resolution.
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.
By utilizing an optimized Affiliate Program Agreement template, businesses can establish a strong foundation for their affiliate marketing efforts. This agreement ensures that both parties understand their roles, responsibilities, and the terms of their collaboration. Business in a Box offers more than 2,600 professional and legal templates, including affiliate program agreements, to help businesses build, plan, grow, and manage effectively. Sign up today to access these valuable resources and enhance your affiliate marketing strategy.