Define clear payout rules, commission percentages, and promotional boundaries for the partners driving traffic to your products. Fill out the conversational fields below to watch your contract construct itself in real-time.
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This Affiliate Agreement is entered into as of [Effective Date] by and between [Affiliate Legal Name], a [Entity type or Individual] with an address at [Address] referred to as the Affiliate, and [Advertiser Legal Name], a [Entity type or Individual] with an address at [Address] referred to as the Advertiser. Affiliate and Advertiser may be called a Party and together the Parties.
The Advertiser appoints Affiliate as a non-exclusive affiliate to promote its products or services through Affiliate's approved platforms. Affiliate shall control when, where, and how promotions occur.
Advertiser shall provide unique links or codes. Affiliate shall receive full credit for all qualifying sales, sign-ups, or actions. Advertiser shall provide [weekly/monthly] performance reports showing sales, leads, clicks, sign-ups, or other activity used to calculate commissions.
Organic Reposting Only. The Advertiser may repost the Affiliate's content for organic (unpaid) use on its own social media pages or website. Any paid advertising use still requires the Affiliate's prior written permission and a separate agreement covering fees, duration, and platforms.
Separate Permission and Separate Fee Required. The Advertiser may not use the Affiliate's content in paid advertising (including but not limited to Meta Ads, TikTok Ads, or Google Ads) without a separate written agreement. That agreement must specify the duration, platforms, and additional compensation for such use.
Only With Written Approval. The Advertiser must explain the campaign, platform, and product, and obtain the Affiliate's prior written approval, before using the Affiliate's name, image, likeness, or content in connection with adult products, political campaigns, or other sensitive industries.
Parties agree to keep confidential any sensitive business, commission, or customer information except as required by law.
Either party may terminate this Agreement with thirty (30) days' written notice. Further the Affiliate may terminate this Agreement immediately if the Advertiser: (a) Fails to pay commissions within seven (7) days of the due date; (b) Uses the Affiliate's content in paid ads without permission; or (c) Associates the Affiliate with restricted industries without written approval.
Upon termination for any reason, the Affiliate shall receive all outstanding commissions within fifteen (15) days of the termination date.
Both Parties must comply with all laws and FTC guidelines on affiliate marketing, including disclosure rules.
Affiliate is an independent contractor, not an employee or agent. Affiliate is responsible for their own taxes and expenses.
Affiliate shall not be liable for Advertiser's product issues or disputes. Advertiser's liability is limited to paying commissions owed.
This Agreement shall be governed by the laws of [State]. Any dispute arising under or relating to this Agreement shall be resolved through binding arbitration in [State].
This Agreement is the full understanding between the Parties and may be changed only in writing signed by both.
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[Affiliate Legal Name]
Affiliate Signature: ______________________________
Name: [Affiliate Signer Name]
Email: [Affiliate Email]
Date: [Date]
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[Advertiser Legal Name]
Advertiser Signature: ______________________________
Name: [Advertiser Signer Name]
Email: [Advertiser Email]
Date: [Date]
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