Affiliate Marketing Contract

Effective Date: [Month, Day, Year]

Parties:
This Affiliate Marketing Contract ("Contract") is entered into on the above-mentioned date by and between:

1. [Your Company Name]
   Address: [Your Company Address]
   Email: [Your Company Email]
   Phone: [Your Company Number]

2. Affiliate
   Name: [Affiliate's Name]
   Address: [Affiliate's Address]
   Email: [Affiliate's Email]
   Phone: [Affiliate's Number]

Both parties hereby agree to the following terms and conditions:

1. Definitions

1.1 Affiliate

Refers to the individual or entity authorized by [Your Company Name] to promote its products or services in exchange for a commission on sales or leads generated from their marketing efforts. The Affiliate acts as an independent contractor, not an employee, of [Your Company Name]. The Affiliate can promote products through various means, including digital advertising, content marketing, and social media.

1.2 Affiliate Program

This refers to the partnership program developed by [Your Company Name] that allows affiliates to earn a commission for promoting and generating sales or leads for the company's products or services. The program may involve the use of tracking links, promotional materials, and specialized marketing techniques.

1.3 Commission

The monetary reward or payment the Affiliate earns for successful sales or leads resulting from their promotional activities. Commissions are typically calculated as a percentage of the sale value or on a per-lead basis, depending on the structure agreed upon in the Contract. Commission rates may vary based on performance, sales volume, and the Affiliate’s tier within the program.

1.4 Qualified Sale

A sale of [Your Company Name]'s product or service that results directly from an Affiliate’s referral. This is tracked through the Affiliate's unique referral link, which must meet all specified conditions, such as payment completion or meeting any minimum purchase thresholds. A sale is considered "qualified" only when the customer completes the transaction, and all return or refund conditions are met.

1.5 Referral Link

A unique tracking URL assigned to the Affiliate to monitor traffic, sales, or leads generated from their marketing efforts. This link is essential to track performance, calculate commissions, and ensure accurate reporting of Affiliate activity.

2. Scope of Agreement

2.1 Grant of Participation

[Your Company Name] hereby grants the Affiliate a non-exclusive, non-transferable right to participate in the Affiliate Program. The Affiliate is authorized to promote [Your Company Name]'s products or services using approved promotional materials. The Affiliate agrees to use only the materials, branding, and content provided by [Your Company Name] or approved by the company in writing. The use of unapproved promotional content or materials could result in the termination of this Contract.

2.2 Non-Exclusivity

This Contract does not create an exclusive arrangement between the parties. [Your Company Name] reserves the right to enter into similar agreements with other affiliates, and the Affiliate understands that [Your Company Name] may partner with multiple affiliates simultaneously. The Affiliate acknowledges and agrees that they will not receive preferential treatment over other affiliates.

2.3 Independent Contractor Relationship

The Affiliate agrees and acknowledges that they are an independent contractor and not an employee, partner, or joint venturer of [Your Company Name]. The Affiliate is solely responsible for their marketing activities, including any advertising costs, taxes, and compliance with applicable laws. The Affiliate shall have no right to bind [Your Company Name] or make any decisions on its behalf.

2.4 Affiliate’s Duties

The Affiliate agrees to use their best efforts to market and promote the products or services of [Your Company Name] effectively. This includes creating engaging content, reaching potential customers through relevant advertising channels, and driving traffic to the sales pages. The Affiliate must ensure all promotional efforts align with the guidelines and policies set forth by [Your Company Name].

3. Term and Termination

3.1 Term

This Contract shall commence on the Effective Date and remain in effect for a period of [12 months], unless terminated earlier as outlined in Section 3.2. After the initial term, the Contract may automatically renew for successive [12]-month periods unless either party provides written notice of termination at least [30] days before the end of the current term.

3.2 Termination for Convenience

Either party may terminate this Contract for any reason, with or without cause, by providing [30] days' prior written notice to the other party. In the event of termination for convenience, the Affiliate will be entitled to any commissions earned up to the date of termination, subject to the terms of this Contract.

3.3 Termination for Cause

[Your Company Name] reserves the right to terminate this Contract immediately upon notice to the Affiliate if the Affiliate:

• Breaches any provision of this Contract.

• Engages in fraudulent or deceptive practices.

• Violates any laws or regulations governing their promotional activities.

• Fails to meet the minimum sales or lead generation performance criteria, as set out in the Contract.

• Is involved in any activity that may damage the reputation or image of [Your Company Name].

3.4 Effect of Termination

Upon termination of this Contract, the Affiliate must immediately cease all use of [Your Company Name]'s promotional materials and trademarks. Any commissions due to the Affiliate will be calculated and paid according to the payment schedule, provided that the relevant conditions are met. Additionally, any outstanding obligations, such as pending invoices or returns, must be settled by both parties.

4. Compensation and Payment

4.1 Commission Structure

The Affiliate will earn commissions based on the following structure:

Sales Range ($)	Commission Rate (%)
0 - 1,000	10%
1,001 - 5,000	15%
5,001 - 10,000	20%
10,001 and above	25%

This commission structure is subject to change at the discretion of [Your Company Name], provided that the Affiliate is given [30] days' prior written notice of any modifications to the terms.

4.2 Payment Schedule

Commissions will be paid on a monthly basis, with payment being processed on the [15th] of each month. Payments will be made via the method specified by the Affiliate, such as bank transfer, PayPal, or another pre-approved payment system. All commissions earned in a particular month will be paid in the following month.

4.3 Minimum Payout Threshold

The Affiliate must accumulate a minimum of $[100] in commissions before payment is issued. If the Affiliate's total commissions are less than this threshold, the balance will roll over to the next month and will be included in the following payment. No payments will be made unless the threshold is met.

4.4 Tax Responsibilities

The Affiliate is solely responsible for the payment of all taxes, including income taxes, on the commissions earned. [Your Company Name] will not withhold taxes from payments made to the Affiliate. The Affiliate agrees to provide all necessary documentation, such as tax forms, as required by local laws.

5. Affiliate Obligations

5.1 Marketing Compliance

The Affiliate agrees to comply with all applicable advertising laws and regulations, including but not limited to the Federal Trade Commission (FTC) guidelines for online marketing. The Affiliate must ensure that all promotions are truthful, accurate, and do not contain misleading statements about the products or services being promoted.

Additionally, the Affiliate agrees to clearly disclose their affiliate relationship with [Your Company Name] in all promotions, including a statement such as, “As an affiliate, I may earn a commission if you make a purchase through this link.” This disclosure should be easily visible and comply with legal requirements.

5.2 Prohibited Activities

The Affiliate agrees not to engage in the following activities:

• Spamming: The Affiliate shall not use unsolicited emails, text messages, or any other form of spam to promote [Your Company Name]'s products or services.

• Misleading Claims: The Affiliate must not make false or exaggerated claims about the performance, benefits, or quality of [Your Company Name]'s products.

• Paid Search Bidding: The Affiliate may not bid on [Your Company Name]'s branded keywords in paid search advertising, such as Google Ads, without explicit permission from [Your Company Name].

• Unauthorized Websites: The Affiliate shall not promote products or services on websites that violate any laws or policies of [Your Company Name], including adult content, illegal activities, or hate speech.

5.3 Performance Standards

To maintain active participation in the Affiliate Program, the Affiliate must meet the following performance criteria:

• Generate a minimum of [5] qualified sales per [6 months].

• Maintain a minimum conversion rate of [2]%.
  Failure to meet these minimum requirements could result in suspension or termination from the Affiliate Program.

6. Intellectual Property

6.1 Use of Materials

[Your Company Name] grants the Affiliate a limited, non-exclusive, non-transferable license to use its trademarks, logos, product images, and other marketing materials solely for the purpose of promoting [Your Company Name]'s products or services under this Contract. These materials are provided to the Affiliate for the duration of the Contract and are intended to help the Affiliate generate sales or leads for [Your Company Name]. However, the Affiliate must use these materials strictly in accordance with the terms and conditions of this Contract. The Affiliate is prohibited from modifying, altering, or adapting these materials in any manner without the prior written approval of [Your Company Name].

The Affiliate is also responsible for ensuring that all materials used in their marketing efforts comply with the company's brand guidelines and do not create any misleading or confusing representations of [Your Company Name]'s products or services. If any materials provided by [Your Company Name] are outdated or need to be updated, the Affiliate agrees to promptly remove or replace them with the most current versions available.

Additionally, the Affiliate agrees not to use any [Your Company Name] materials, including intellectual property, for any purposes outside the scope of this Contract. This includes but is not limited to using the trademarks or logos on non-promotional items, creating derivative works, or using them in a manner that could cause confusion among customers regarding the origin or source of the products.

6.2 Restrictions

The Affiliate agrees to use [Your Company Name]'s intellectual property only in ways that align with the purpose of this Contract, which is to promote and generate sales or leads for the company’s products or services. The Affiliate is prohibited from using [Your Company Name]'s intellectual property for any unlawful or unauthorized purposes, including activities that could damage the company’s reputation or create negative associations with the brand.

Specifically, the Affiliate must refrain from:

• Misuse of Brand Identity: The Affiliate shall not use [Your Company Name]'s trademarks or logos in ways that suggest an affiliation with [Your Company Name] beyond the scope of this Contract, including but not limited to using the intellectual property in their own brand name, domain name, or social media profiles.

• Deceptive Practices: The Affiliate must not use the company's intellectual property in a way that could mislead or confuse consumers. This includes using misleading headlines, false claims, or creating content that implies a false relationship or endorsement with [Your Company Name].

• Infringement on Third-Party Rights: The Affiliate must not use any content that infringes on the intellectual property rights of others. This includes copyrighted images, videos, music, and text that are not licensed for use in the Affiliate’s marketing efforts.

Upon termination or expiration of this Contract, the Affiliate agrees to immediately cease using all [Your Company Name] materials, including logos, trademarks, and any other proprietary content, and will promptly return or destroy all such materials if requested by [Your Company Name].

7. Confidentiality and Non-Disclosure

7.1 Confidential Information

During the term of this Contract, the Affiliate may be given access to confidential and proprietary information related to [Your Company Name]'s business, operations, marketing strategies, products, and services. This information is critical to the company’s competitive advantage, and as such, both parties agree to maintain its confidentiality. Confidential information includes but is not limited to:

• Customer data, including but not limited to names, contact information, purchasing behavior, and preferences.

• Sales data, financial information, and marketing strategies.

• New product information, development plans, or proprietary processes.

• Any business or operational information that is designated as confidential by [Your Company Name], whether disclosed verbally or in writing.

The Affiliate acknowledges that unauthorized use or disclosure of this confidential information could harm [Your Company Name], leading to potential financial loss, reputational damage, or competitive disadvantage. Therefore, the Affiliate agrees not to disclose any confidential information to third parties, except as required by law or with the express written consent of [Your Company Name].

7.2 Non-Disclosure Obligation

The Affiliate agrees to take all necessary precautions to prevent the unauthorized disclosure of confidential information, including:

• Restricting access to confidential information to only those employees or agents who need to know it in connection with the Affiliate Program.

• Implementing reasonable safeguards to protect the security and integrity of any confidential data stored, whether electronically or physically.

• Not sharing or using any confidential information for personal gain, outside of the scope of this Contract, or for the benefit of any third party.

This non-disclosure obligation applies both during the term of this Contract and for a period of [2] years following its termination or expiration. The Affiliate also agrees to notify [Your Company Name] immediately if any confidential information is disclosed in violation of this Contract.

8. Miscellaneous

8.1 Entire Agreement

This Contract constitutes the entire agreement between the parties with respect to the Affiliate Program and supersedes all prior or contemporaneous agreements, understandings, or discussions, whether written or oral, relating to the subject matter of this Contract. Any prior agreements or discussions, whether formal or informal, are replaced by this written agreement.

If any provision of this Contract conflicts with any prior agreement or understanding, this Contract will govern and control. The Affiliate acknowledges that no other representations or warranties, either express or implied, have been made by [Your Company Name] other than those specifically outlined in this Contract.

This Contract may only be amended or modified through written agreements signed by both parties. Any modifications, whether related to compensation structures, term changes, or other aspects of the agreement, must be documented in writing and mutually agreed upon by both [Your Company Name] and the Affiliate.

8.2 Governing Law

This Contract shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. This means that any disputes or legal matters arising from this Contract will be handled according to the legal framework of the specified jurisdiction, regardless of the location of the parties involved.

In the event that a dispute arises under this Contract, the Affiliate and [Your Company Name] agree to attempt to resolve the issue through good faith negotiations. If such negotiations do not resolve the matter, any legal proceedings will be conducted in the courts located in [Jurisdiction], and both parties consent to the exclusive jurisdiction and venue of those courts.

8.3 Amendments

[Your Company Name] reserves the right to amend the terms of this Contract at any time, provided the Affiliate is given [30] days' prior written notice of any changes. Such amendments may include, but are not limited to, adjustments to the commission structure, changes to payment schedules, modifications to performance metrics, or any other relevant terms.

The Affiliate’s continued participation in the Affiliate Program after the amendment date constitutes acceptance of the updated terms and conditions. If the Affiliate does not agree with any changes, they may terminate the Contract by providing written notice within [30] days of receiving the notice of amendments. Upon termination, the Affiliate will be entitled to commissions earned up to the termination date.

IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Marketing Contract as of the Effective Date.

[Your Company Name]
Name: [Your Name]
Title: [Title]
Date: [Date]

Affiliate
Name: [Affiliate's Name]
Date: [Date]

Affiliate Marketing Templates @ Template.net