Advertising Affiliate Marketing Agreement
ADVERTISING AFFILIATE MARKETING AGREEMENT
This Advertising Affiliate Marketing Agreement (the "Agreement") is made and entered into on [Month Day, Year] by and between [Your Company Name], a corporation with its principal place of business at [Your Company Address] ("Company"), and [Second Party Name], a corporation with its principal place of business at [Second Party Address] ("Affiliate"). This Agreement outlines the terms and conditions under which the Affiliate will promote the Company's products/services.
I. Definitions
A. Company
It refers to [Your Company Name], the provider of products/services to be advertised, responsible for providing necessary support and resources to the Affiliate.
B. Affiliate
It refers to [Second Party Name], engaged in promoting the products or services of the Company through various advertising channels, including online platforms and social media.
C. Commission
It means the payment made by the Company to the Affiliate for successful referrals, calculated based on a percentage of sales.
D. Referral
It refers to a customer directed from the Affiliate to the Company who makes a qualifying purchase, contributing to the Affiliate's commission.
II. Appointment
The Company hereby appoints the Affiliate as its advertising partner, and the Affiliate accepts such appointment under the terms of this Agreement. This appointment grants the Affiliate the non-exclusive right to promote the Company's offerings.
III. Affiliate Obligations
A. Promotion
The Affiliate agrees to use best efforts to advertise, market, and promote the Company's products/services consistent with the Company's policies and guidelines, utilizing various channels and creative strategies.
B. Content Creation
The Affiliate is responsible for creating marketing content, subject to the Company's approval, ensuring that all content is on-brand and meets the Company's quality standards.
C. Compliance
The Affiliate must comply with all applicable laws and regulations, ensuring that all promotional activities are conducted legally and ethically.
IV. Company Obligations
A. Support
The Company will provide the Affiliate with necessary information and materials regarding the products/services, including updates and promotional materials.
B. Payment
The Company agrees to pay the Affiliate commissions as per the agreed terms, ensuring timely and accurate compensation.
V. Commission Structure
The following table showcases the commission structure:
|
Sales Volume (Monthly) |
Commission Rate |
|
$0 - $10,000 |
10% |
|
$10,001 - $50,000 |
|
|
$50,001 and above |
The Commission structure incentivizes higher sales volumes, offering greater rewards for increased sales performance.
VI. Payment Terms
A. Payment Schedule
Commissions are paid monthly on the [15th] day of the following month, allowing for accurate sales tracking and commission calculations.
B. Method
Payments will be made via direct deposit to the Affiliate's designated bank account, ensuring a secure and efficient transfer of funds.
VII. Term and Termination
A. Term
This Agreement shall commence on the date first written above and continue in effect until [December 31, 2055], unless terminated earlier, providing a long-term partnership opportunity.
B. Termination
Either party may terminate this Agreement upon thirty (30) days' written notice to the other party, allowing for adequate transition and closure of ongoing campaigns.
VIII. Intellectual Property Rights
A. Company's IP
All intellectual property rights in the products/services and promotional materials provided by the Company remain the sole property of the Company, protecting the Company's brand and assets.
B. Affiliate's IP
Any content created by the Affiliate for this Agreement will be owned by the Affiliate but licensed to the Company for promotional purposes, ensuring mutual benefit and creative freedom.
IX. Confidentiality and Indemnification
A. Confidentiality
Each party agrees to keep any confidential information received from the other party in strict confidence and not to disclose it to any third party, maintaining the integrity and privacy of sensitive information.
B. Indemnification
The Affiliate shall indemnify and hold the Company harmless from any claims, damages, or expenses arising from the Affiliate's breach of this Agreement or any misrepresentation, ensuring legal and financial protection for the Company.
X. Miscellaneous
A. Governing Law
This Agreement shall be governed by the laws of [State Name], providing a clear legal framework for the agreement.
B. Entire Agreement
This document constitutes the entire agreement between the parties, superseding any prior agreements or understandings.
XI. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
Company
[Authorized Representative Name]
[Your Company Name]
Date: [Month Day, Year]
Affiliate
[Authorized Representative Name]
[Second Party Name]
Date: [Month Day, Year]
