Marketing Affiliate Branding Agreement
MARKETING AFFILIATE BRANDING AGREEMENT
This Marketing Affiliate Branding Agreement ("Agreement") is entered into on [Date], by and between:
[Your Company Name], a company organized and existing under the laws of [Your Jurisdiction], with its principal place of business at [Your Company Address] ("Company").
AND
[Affiliate Name], an individual/corporation/partnership, organized and existing under the laws of [Affiliate's Jurisdiction], with its principal place of business at [Affiliate Address] ("Affiliate") (collectively referred to as the "Parties").
WHEREAS, Company is engaged in the business of [Description of Your Business], and Affiliate is interested in promoting the Company's products and services;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
1. DEFINITIONS
1.1. Branding Materials shall mean all trademarks, logos, trade names, and other branding materials provided by Company.
1.2. Promotional Activities shall mean all activities undertaken by Affiliate to promote Company's products and services.
2. AFFILIATE'S OBLIGATIONS
2.1. Promotion: Affiliate agrees to promote Company's products and services using the provided Branding Materials and in accordance with Company's branding guidelines.
2.2. Compliance: Affiliate shall comply with all applicable laws, regulations, and industry standards in its Promotional Activities.
2.3. Non-disparagement: Affiliate shall not make any disparaging remarks or negative comments about the Company or its products/services.
3. COMPANY'S OBLIGATIONS
3.1. Branding Materials: Company shall provide Affiliate with access to the Branding Materials necessary for the Promotional Activities.
3.2. Support: Company may provide reasonable support and assistance to Affiliate to ensure successful promotion.
4. COMPENSATION
4.1. Commission: In recognition of the Affiliate's efforts, the Company shall pay the Affiliate a commission based on the following commission structure: The commission shall be calculated as a percentage of the net sales generated through the Affiliate's Promotional Activities. The commission rate shall be [00]% of the net sales amount, where "net sales" is defined as the total sales amount minus any returns, refunds, or chargebacks. The commission rate may be subject to periodic review and adjustment by the Company. The specific commission details will be outlined in a separate document or schedule attached to this Agreement.
4.2. Payment: Payments shall be made on a [Payment Frequency] basis.
5. TERM AND TERMINATION
5.1. Term: This Agreement shall commence on [Month Day, Year] and shall continue until terminated by either Party with [Notice Period] written notice.
5.2. Termination for Cause: Either Party may terminate this Agreement immediately upon written notice if the other Party breaches any material provision herein.
6. CONFIDENTIALITY
During the term of this Agreement and thereafter, Affiliate shall not disclose or use any confidential information obtained from Company without Company's written consent.
7. INTELLECTUAL PROPERTY
All rights, title, and interest in the Branding Materials and any related intellectual property shall remain with Company.
8. MISCELLANEOUS
8.1. Entire Agreement: This Agreement constitutes the entire understanding between the Parties, superseding any prior agreements or understandings.
8.2. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction].
IN WITNESS WHEREOF, the Parties hereto have executed this Marketing Affiliate Branding Agreement as of the date first above written.
[Your Company Name]
By: _______________________
[Your Name], [Title]
Date: [Month Day, Year]
[Affiliate Name]
By: _________________________
[Affiliate's Name, Title]
Date: [Month Day, Year]
