Affiliate Agreement Template

AFFILIATE AGREEMENT

Date: Date

Between:

Company: Company Name

Address: Company Address ("Company," "we," or "us")

AND

Affiliate: Affiliate Name

Address: Affiliate Address Email: Affiliate Email ("Affiliate" or "you")

RECITALS

WHEREAS, Company operates Description of Business and wishes to engage affiliates to promote its products/services; and

WHEREAS, Affiliate wishes to participate in Company's affiliate program and promote Company's products/services.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. AFFILIATE PROGRAM

### Enrollment By executing this Agreement, Affiliate is enrolled in the Company's Affiliate Program ("Program") and agrees to promote Company's products and services.

### Program Description

• Promotion of: Products/Services
• Target audience: Description
• Promotional methods: Permitted Methods

2. AFFILIATE RESPONSIBILITIES

### Promotion Affiliate agrees to:

• Actively promote Company's products/services
• Use approved marketing materials
• Maintain professional standards in all promotions
• Accurately represent products/services
• Include required disclosures in all promotional content
• Drive traffic to Company website using unique affiliate links

### Prohibited Activities Affiliate shall NOT:

• Make false or misleading claims about products/services
• Use spam, unsolicited email, or deceptive practices
• Bid on Company's trademarked terms in paid search
• Use pop-ups, pop-unders, or forced clicks
• Engage in cookie stuffing or other fraudulent tracking methods
• Purchase products through own affiliate links
• Create incentivized traffic through cashback or rebate sites (unless approved)
• Violate any laws or regulations
• Imply endorsement by Company without authorization
• Modify or obscure affiliate links
• Use misleading domain names or website designs

3. COMPANY RESPONSIBILITIES

### Support Company shall provide:

• Unique affiliate tracking links and IDs
• Access to affiliate dashboard and reporting
• Marketing materials and creative assets
• Product information and updates
• Commission tracking and payment processing
• Dedicated affiliate support contact

### Marketing Materials

• Banners, text links, and graphics
• Product images and descriptions
• Promotional copy and email templates
• Updated content as needed

4. COMMISSION STRUCTURE

### Commission Rates Affiliate shall earn commissions as follows:

Product Category: Category

Commission Rate: Percentage% of sale price

Product Category: Category

Commission Rate: Percentage% of sale price

OR

Tier Structure:

• Tier 1 (Sales \$0-\$Amount/month): Percentage%
• Tier 2 (Sales \$Amount-\$Amount/month): Percentage%
• Tier 3 (Sales \$Amount+/month): Percentage%

### Commission Calculation

• Based on: Net sale price/Gross sale price
• Excludes: Shipping, taxes, refunded orders
• Credited upon: Customer purchase/Payment received/Product shipped

### Cookie Duration

• Affiliate cookies valid for Number days
• Last-click attribution model
• First-click attribution model (alternative)

### Recurring Commissions

• Subscription products: Percentage% commission on First payment/All payments/First X months
• Lifetime value: Terms

5. PAYMENT TERMS

### Payment Schedule

• Payments issued: Monthly/Bi-monthly/Quarterly
• Payment date: Day of each Month/Period
• Payment covers commissions earned Timeframe

### Minimum Payout

• Minimum balance required: \$Amount
• Balances below minimum carry forward to next period

### Payment Methods

• PayPal: Email required
• Bank transfer: Banking details required
• Check: Mailing address required
• Other: Alternative methods

### Payment Processing

• Processing time: Number business days
• Payment currency: Currency
• Affiliate responsible for transaction fees (if applicable)

### Holding Period

• Commissions held for Number days to account for returns/cancellations
• Chargebacks and refunds deducted from future commissions

### Tax Reporting

• Affiliate responsible for all taxes on commissions
• Tax forms required: W-9/W-8BEN/Other
• Company will issue 1099/Other tax documents if required by law

6. TRACKING AND REPORTING

### Affiliate Links

• Unique tracking code assigned to Affiliate
• All referrals must use assigned links
• Links provided through affiliate dashboard
• No alteration or cloaking of links without approval

### Reporting

• Real-time access to affiliate dashboard
• Reports include: Clicks, conversions, commissions, pending payments
• Data updated: Frequency
• Historical data available for Timeframe

### Verification

• Company's tracking system is final authority
• Discrepancies reported within Number days
• Company investigates and resolves disputed transactions

7. INTELLECTUAL PROPERTY

### License Grant Company grants Affiliate a limited, non-exclusive, non-transferable license to:

• Use Company trademarks and logos in approved marketing materials
• Display product images in promotional content
• Reproduce approved marketing copy

### Restrictions

• Use only in connection with affiliate promotions
• No modification of trademarks or logos
• No registration of Company trademarks
• No use suggesting ownership or endorsement beyond affiliate relationship

### Ownership All intellectual property remains the exclusive property of Company. No ownership rights transferred to Affiliate.

8. CONFIDENTIALITY

### Confidential Information Affiliate shall maintain confidentiality of:

• Commission rates and payment terms
• Non-public product information
• Customer data and lists
• Proprietary marketing strategies
• Any information marked confidential

### Obligations

• Use confidential information only for Program participation
• Not disclose to third parties
• Protect with reasonable security measures
• Return or destroy upon termination

9. TERM AND TERMINATION

### Term This Agreement commences on Start Date and continues until terminated by either party.

### Termination by Either Party Either party may terminate this Agreement at any time with Number days written notice (or immediately in writing).

### Termination for Cause Company may terminate immediately if Affiliate:

• Violates terms of this Agreement
• Engages in fraudulent activity
• Damages Company's reputation
• Violates applicable laws
• Becomes inactive for Number days

### Effect of Termination Upon termination:

• Affiliate shall cease all promotional activities
• Remove all affiliate links and Company trademarks
• Commissions earned before termination remain payable
• Confidentiality obligations survive
• Company may deactivate affiliate links and account access

10. REPRESENTATIONS AND WARRANTIES

### By Affiliate Affiliate represents and warrants:

• Authority to enter this Agreement
• Compliance with all applicable laws
• Ownership/authorization for promotional channels used
• No conflicts of interest
• Accuracy of information provided

### By Company Company represents and warrants:

• Authority to enter this Agreement
• Right to offer products/services promoted
• Accuracy of product descriptions provided

### Disclaimer EXCEPT AS EXPRESSLY PROVIDED, COMPANY MAKES NO WARRANTIES REGARDING PRODUCTS, SERVICES, OR AFFILIATE PROGRAM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. INDEMNIFICATION

### By Affiliate Affiliate shall indemnify Company from claims arising from:

• Affiliate's promotional activities
• Violation of this Agreement
• Violation of laws or third-party rights
• False or misleading statements by Affiliate

### By Company Company shall indemnify Affiliate from claims arising from:

• Products/services themselves (excluding Affiliate's promotional claims)
• Company's violation of third-party intellectual property rights

12. LIMITATION OF LIABILITY

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS.

COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED COMMISSIONS PAID TO AFFILIATE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. FTC COMPLIANCE AND DISCLOSURES

### Required Disclosures Affiliate must clearly and conspicuously disclose the affiliate relationship in all promotional content, including:

• "I may earn a commission from purchases made through links on this page"
• Disclosure must be before affiliate links
• Comply with FTC Guidelines and applicable advertising laws

### Testimonials and Endorsements If providing testimonials or endorsements:

• Must be truthful and based on actual experience
• Must disclose material connections
• Comply with applicable regulations

14. DATA PROTECTION AND PRIVACY

### Personal Data

• Affiliate shall comply with applicable privacy laws
• Not collect personal data on Company's behalf without authorization
• Maintain privacy policy on promotional websites
• Honor user privacy preferences

### Customer Information

• Customer data belongs to Company
• Affiliate receives only aggregated reporting data
• No contact with customers outside affiliate referral process

15. INDEPENDENT CONTRACTOR

Affiliate is an independent contractor, not an employee, partner, or agent of Company. Affiliate is responsible for all taxes, insurance, and business expenses.

16. MODIFICATIONS

Company may modify Program terms, commission rates, or this Agreement with Number days notice. Continued participation after notice constitutes acceptance of changes.

17. GENERAL PROVISIONS

### Entire Agreement This Agreement constitutes the entire agreement between parties regarding the subject matter.

### Governing Law This Agreement shall be governed by the laws of Jurisdiction.

### Dispute Resolution Disputes shall be resolved through binding arbitration in Location under rules of Arbitration Association.

### Assignment Affiliate may not assign this Agreement without Company's written consent. Company may assign freely.

### Severability Invalid provisions shall be severed; remaining provisions remain in effect.

### Notices All notices to:

Company:

Affiliate Program Manager Email Address Mailing Address

Affiliate:

Email on file Mailing Address on file

SIGNATURES:

COMPANY:

Signature: _______________________

Name: Name

Title: Title

Date: _______________________

AFFILIATE:

Signature: _______________________

Name: Affiliate Name

Date: _______________________

AFFILIATE INFORMATION

Affiliate ID: To be assigned

Website/Platform: URL

Promotional Methods: Description

Payment Method: Method

Payment Details: Account Information

Tax ID/SSN: Number