Affiliate Contract Sample

The affiliate contract, a foundational agreement between an affiliate marketer and a merchant, outlines the terms and conditions of their partnership. This contract is crucial for establishing a clear understanding of the responsibilities, expectations, and benefits for both parties involved. Below is a comprehensive sample of an affiliate contract, designed to protect the interests of both the affiliate and the merchant while fostering a productive and profitable relationship.

Affiliate Contract

This Affiliate Contract (“Agreement”) is entered into on Date by and between [Merchant’s Company Name], a [State/Country] corporation with its principal place of business at Address, and [Affiliate’s Company Name], a [State/Country] corporation with its principal place of business at Address.

1. Recitals

WHEREAS, Merchant is the owner of Website/Platform Name and desires to recruit affiliates to promote its products/services; and

WHEREAS, Affiliate is willing to promote Merchant’s products/services and refer customers to the Merchant Site in exchange for certain compensation.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

• “Affiliate” means [Affiliate’s Company Name], including its officers, directors, employees, and agents.
• “Affiliate Site” means any website(s), Social Media, or other online platforms controlled or owned by Affiliate.
• “Commission” means the payment Affiliate earns for each Sale made through Affiliate’s unique tracking link.
• “Customer” means any individual or entity that purchases a product/service from Merchant through Affiliate’s unique tracking link.
• “Product/Service” means [Specify Products/Services] offered by Merchant.
• “Term” means the period from the Effective Date until termination of this Agreement.

3. Affiliate Program

3.1. Enrollment: To begin the enrollment process, Affiliate must submit an application through [Application Process]. Merchant reserves the right to approve or reject any application in its sole discretion.

3.2. Affiliate Links: Upon approval, Merchant will provide Affiliate with a unique tracking link or code to track Sales generated from Affiliate’s referrals.

3.3. Promotion: Affiliate agrees to promote Merchant’s products/services on the Affiliate Site and/or through other online channels. Affiliate must comply with all applicable laws and regulations, including but not limited to, Federal Trade Commission (FTC) guidelines on affiliate marketing.

4. Commission Structure

4.1. Rate: Merchant shall pay Affiliate a commission of [Percentage]% for each Sale of a Product/Service made through Affiliate’s unique tracking link.

4.2. Payment Terms: Commissions will be paid [Specify Frequency, e.g., monthly] provided that Affiliate’s account balance is at least [Threshold Amount]. Payments will be made via [Payment Method].

5. Obligations

5.1. Merchant Obligations: Merchant agrees to provide Affiliate with marketing materials, track Sales, and make timely payments.

5.2. Affiliate Obligations: Affiliate agrees to actively promote Merchant’s products/services, comply with all laws and regulations, and not engage in any deceptive or misleading practices.

6. Intellectual Property

Merchant retains all rights to its intellectual property, including but not limited to trademarks, copyrights, and trade secrets. Affiliate agrees not to use such intellectual property except as explicitly authorized by this Agreement.

7. Term and Termination

7.1. Term: This Agreement shall commence on the Effective Date and continue until terminated by either party with [Number] days’ written notice.

7.2. Termination: Upon termination, Affiliate must cease all promotional activities and remove all references to Merchant from the Affiliate Site.

8. Confidentiality

Both parties agree to maintain the confidentiality of each other’s confidential information and not to disclose such information to any third party without prior written consent.

9. Warranties and Representations

Each party warrants and represents that it has the right to enter into this Agreement and that its performance hereunder will not violate any agreement or obligation between it and any third party.

10. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT.

11. Dispute Resolution

Any disputes arising out of or related to this Agreement shall be resolved through [Dispute Resolution Process, e.g., arbitration] in accordance with the laws of [Jurisdiction].

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [State/Country]. Any action or proceeding arising out of this Agreement must be brought in the courts located in [Jurisdiction], and the parties hereby submit to the jurisdiction of such courts.

By signing below, both parties acknowledge that they have read, understand, and agree to the terms and conditions of this Agreement.

Merchant:

Signature: ________________________ Date: __________________________________

Affiliate:

Signature: ________________________ Date: __________________________________

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