Learn more about what an affiliate agreement is and download a template in PDF or Word format. Look no further than Referral Rock affiliate software. This section should also cover the content included in the affiliate marketing program. For example, one company may partner with an affiliate, asking that affiliate to promote the products and services of the company. We do not make any representation, warranty, or covenant regarding the amount of traffic or commission income you can expect at any time in connection with the Associates Program, and we will not be liable for any actions you undertake based on your expectations. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests. We hope you've found what you need and can avoid the time, costs, and stress associated with dealing with a lawyer. Essential Guide to Affiliate Program Management, LeadDyno for Fashion and Lifestyle Brands, Every purchased item through the affiliate link or affiliate coupon code -or-, The number of clicks on the link (PPC, pay-per-click), The average number of sales and profit margin, Percentage of visitors likely to click on the affiliate link. Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Language. From time to time, we may request tax information from you. Affiliate Marketer: Definition, Examples, and How to Get Started Any dispute relating in any way to the Associates Program or this Agreement will be resolved by binding arbitration, rather than in court, except that either party may elect to proceed in small claims court if the claims qualify under applicable law. An affiliate marketing agreement is a contract between a company and an independent contractor or agency to perform affiliate marketing services on behalf of the company. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice. Other Products means those products and services that we offer, which are not included in the Subscription Service (as detailed below); and, for the purposes of this Agreement, Other Products include all of our marketing software, legacy sales and marketing products, and any implementation, customization, training, consulting, additional support or other professional services, or fees for third-party products or services. Start your free trial today! To increase your business income, you might strike an affiliate marketing agreement with an independent coffee company. When our customers click through or engage with the Special Links to purchase an item sold or services offered on the Amazon Site or take other actions, you can receive commission income for qualifying purchases, as further described in (and subject to the limitations in) the Associates Program Commission Income Statement. Absolutely. It also includes cases where purchases arent eligible for affiliate commissions and guides how affiliates must market your products. Proko - Affiliate Marketing Agreement All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. How does an affiliate become eligible for commission? You acknowledge and agree that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, (b) we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site, (c) our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement, and (d) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement can be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized representative. Free and premium plans, Connect your favorite apps to HubSpot. Items that should be included in an affiliate agreement are: There are some issues that will often come up when creating an affiliate marketing agreement, and these items should be considered when drafting an agreement. Formal agreements reveal your programs authority and show affiliates that you take your program seriously, helping you attract the best affiliates in your industry. An affiliate marketing agreement (also called an an affiliate marketing contract) is a contract between a brand and an individual or company that promotes the brand in exchange for commission. What is Affiliate Agreement? - Definition from Techopedia Legal Agreements for Affiliate Marketers Legal Agreements for Affiliate Marketers Last updated on 01 July 2022 by Nicole Olsen (PrivacyPolicies.com Legal writer) Affiliate marketing is now recognized as a form of advertising, and its regulated by the FTC. This affiliate agreement clarifies all the terms and conditions of your program in detail, and guarantees all parties are on the same page before they engage in the program. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties. An affiliate marketing agreement is a contract between a business and an individual or company who agrees to promote the business in exchange for a commission.3 min read. Affiliate Links: How to Legally Use Them on Your Blog and Social Media, Under which circumstances the agreement can be terminated, The responsibilities of both the affiliate and the business, The types of promotional and advertising that the affiliate can utilize, The restrictions on the affiliate's use of promotional material, Licenses that are required by both the business and affiliate, The restrictions on the use of the intellectual property, When and how the affiliate payments will be made, Any state or federal laws that would govern the transaction, What governing body will be used in the event of a lawsuit, The procedure if either party ceases business operations, The expected commission amount as well as how often they can expect payment, The trademark regulations that cover the process for affiliates bidding on keywords in search engines, The rules and procedures as to where an affiliate link can be displayed, The policy for affiliate emails and rules they follow surrounding it, Press related issues such as using the original merchant name in press releases, The technology that will be used for tracking and reporting of affiliate information, The grounds and procedures for the affiliates. Creating a website affiliate agreement | LegalZoom It is important to realize that an affiliate is not a part of the company that it is affiliated with, but rather, an independent contractor. Please note that the language you see here may change Affiliate marketing is the process by which companies outsource their sales and marketing, relying on affiliates that earn a commission to advertise their products. What affiliates can and cant promote in regards to their affiliate links, codes, or coupons, Where the affiliate link can be displayed. When a visitor purchases goods on the companys website, When a visitor clicks on the link to the companys website (called pay per click or PPC), Percentage of users that are likely to click on the link to the companys website, Clearly lays out the expectations of each party, Customize the terms to meet the needs of each party, Sets out the payment and compensation terms. What happens when there are changes to the affiliate agreement? The agreement makes sure that affiliates know exactly what to expect from your program, and are clear on what they can and cant do to represent and promote you. Through a bank account? For example, an affiliate agreement should specify which products and services the affiliate is promoting, boundaries and guidelines for how those products and services can be promoted, and the payment structure or commission model that compensates the affiliate accordingly. Save your hard-earned money and time with Legal Templates. All of HubSpots marketing, sales CRM, customer service, CMS, and operations software on one platform. Whether youre running an affiliate program or are looking to form a new affiliate relationship, an affiliate agreement lays out the terms so both parties are aware of their commitments. One-Page Affiliate Agreement Template This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups. A review would mean the world to us (it only takes about 15 seconds). State if electronic communications are or are not allowed. This part covers brand promotions within the affiliate relationship like. Active program management requires recruiting affiliates, engaging your, If you want to launch an affiliate program, there are a few things you need to do to set yourself up for success. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.. These services are typically referral services and are often seen in real estate transactions. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This section outlines the sign-up process. This section specifies the laws of the state that will govern this agreement. Affiliate Program means our affiliate program as described in this Agreement. Customer Transactions means those transactions by Affiliate Leads that are eligible for Commission pursuant to the Customer Transactions section of this Agreement. Watch this video to learn what it is, how to create one, and the 8 MOST IMPORTANT things your affiliate agreement must have! The affiliate marketing agreement, or just an affiliate agreement, is a contract between your business and your affiliate, enabling your affiliate to advertise your business for compensation. Affiliate agreements - Rocket Lawyer This is the main purpose of an affiliate program, and its important to outline the monetary requirements of companies and affiliates. The compensation might be different depending on the nature of the product purchased, and the compensation might scale up or down based on the size of the referred traffic. You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks. Electronic communications permitted. An affiliate agreement is critical to your company. This section may also specify the steps that need to be completed before an individual or a company will be accepted into the affiliate program. You will be redirected to the Associates Desktop Portal as this page is not available on mobile devices, Associates Program Commission Income Statement. Use our Affiliate Agreement to establish a partnership in which one party earns commission through promotions. Last May 25, 2023 PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY. Affiliate Marketing for Subscription Services: 9 Best Practices This is only an example of the section included in an affiliate agreement. Affiliate Agreement: What It Is and How To Create This Generally, this agreement will specify how the affiliate will promote certain products and services and how the affiliate will be compensated for his or her time and efforts. 3. And as with every business contract, its best to consult a professional for legal advice about specific provisions. For example, some affiliate programs require affiliates to have a minimum number of followers or minimum website traffic standard to their site. You will have no authority to make or accept any offers or representations on our or our affiliates behalf. List out the definitions and keep it to the point. Do you use commission tracking cookies to automatically award commission for every sale? Do you pay-per-sale, per click, per lead? Its an essential part of any affiliate program, detailing the responsibilities and obligations of each party and all monetary and legal stipulations. A disclaimer includes information about liability issues specific to the content found on your website. As the affiliate agreement is a legally binding contract, this goes without saying. This is a contract between you (the Affiliate) and us (HubSpot). We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under the Associates Program. Many times, an affiliate will publish an article with multiple product reviews or comparisons, and include your affiliate link along with several other companies. Affiliate marketing is an advertising model where a company pays compensation to third party publishers to generate traffic or leads to the company's products and services. Plus, having a formal affiliate marketing agreement also shows affiliates you take your brand and relationships seriously, and helps attract only the best applicants. In the event of a conflict between this Agreement and your agreement with an Amazon affiliate under a separate affiliate marketing program that agreement will control with respect to such separate program. Free and premium plans, Sales CRM software. This is a contract between you (the "Affiliate") and us ("HubSpot"). Detail your companys tracking process and how it monitors your affiliates activity, performance, and commissions. Affiliate Disclosure: Examples & Writing Guide - Termly Commission means an amount described in the Affiliate Tool (or if applicable, in the Program Policies) for each Customer Transaction. The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. 1. It is an essential agreement in the Creator world. The agreement should also specify the rights and responsibilities of the parties entering into the contract. Terms And Conditions to Include in Your Affiliate Agreement This section should specify the rights of the affiliate with regard to the products or services the affiliate is promoting. Free and premium plans, Customer service software. This Affiliate Marketing Agreement (the " Agreement ") is by and between Proko LLC, a California Limited Liability Corporation (" Proko ", " We ", " Us ", or " Our ") having a principal place of business at 8963 Complex Drive, Suite B; San Diego, CA 92123 and you, as a Marketing Affiliate (as defined below) (" You " or . The affiliate must formally apply to the program to sign their agreement. Your company may need to share personal information unavailable to the public with your affiliate program. In addition, affiliates may share confidential information regarding your company. That is where a simple affiliate agreement template can be helpful. Free and premium plans, Content management software. Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement, except that the rights and obligations of the parties under Sections 3, 4, 5, 6, 7, 8, 10, and 11 of this Agreement and as specified in the Program Policies, together with any payable but unpaid payment obligations under this Agreement, will survive the termination of this Agreement. Yes, its recommended that every affiliate program have an affiliate agreement to outline the responsibilities of your business and the affiliate and avoid potential legal conflict between the two parties. Therefore, its important to run the numbers and make a deal that is beneficial and sustainable for both parties. It describes how we will work together and other aspects of our business relationship. This section covers all rules for link promotions in the affiliate relationship, including, but not limited to: This section covers all rules for how an affiliate can promote your brand and use your trademarked assets, including, but not limited to: Cover any technology used to track and report the affiliates activity. Affiliate details. Under what circumstances would an affiliate contract be prematurely terminated or suspended? Basically, a contract for Affiliate Marketers is a legal document between a business and an individual or another company that allows affiliates to earn a commission by marketing products and/or services. UpCounsel accepts only the top 5 percent of lawyers to its site.