Affiliate Agreement

The Affiliate Agreement is a legal document that outlines the terms and conditions between the Company and the Affiliate. It is important because it establishes a partnership between the two parties and sets out the rights and responsibilities of each party. The document begins with a brief introduction, stating that the Company has created an affiliate program and the Affiliate intends to join the program to promote the Company's goods or services on their website. The agreement is entered into in consideration of valuable consideration and the parties agree to the provisions as follows.

 

The document includes several sections, each addressing different aspects of the agreement. The first section provides definitions for terms used throughout the agreement, such as the Company's website, the Affiliate's website, goods or services, and value of goods or services. This ensures that both parties have a clear understanding of the terms used in the agreement.

 

The second section focuses on the Affiliate program. It states that the Affiliate must complete an application form on the Company's website to join the program. The Company reserves the right to approve or reject the Affiliate's application. Once approved, the Company will provide the Affiliate with a specific link or code to use on their website. When a customer clicks the link, they will be redirected to the Company's website to make a purchase. The Affiliate may also use unique affiliate codes/links provided by the Company to track referrals.

 

The third section discusses the commission structure. The fee is calculated as a percentage of the net value of goods and/or services sold directly as a result of the Affiliate's promotion. The Affiliate is responsible for maintaining accurate payment information with the Company to receive their commission. The Affiliate must issue an invoice to the Company at the end of each month, and payment will be made within fourteen days. Any disputes regarding invoices will be resolved in good faith.

 

The fourth section states that the agreement is non-exclusive, meaning that both parties are free to enter into similar agreements with other entities. The Affiliate is not required to obtain the Company's approval for other affiliate programs, and the Company can engage additional affiliates without the Affiliate's approval.

 

The fifth section grants the Affiliate a limited license to display the Company's marks (logos, trademarks, and service marks) on their website. The Affiliate may not use the marks for any other purpose without the Company's written consent. The Affiliate is also prohibited from acquiring or using domain names, trademarks, or other forms of identification that incorporate the marks without the Company's consent.

 

The sixth section outlines the responsibilities of the Affiliate. This includes complying with the requirements of the affiliate program, not using the program for unlawful purposes, and complying with applicable laws and regulations. The Affiliate is responsible for ensuring that their website does not promote explicit materials, violence, discrimination, or infringe on any copyright or trademark. The Affiliate's obligations are owed solely to the Company, and the liability of the Affiliate is capped to the amount of fees received under the agreement.

 

The seventh section addresses the term and termination of the agreement. It is effective upon acceptance of the Affiliate into the program and can be terminated by either party with written notice under certain circumstances. Upon termination, the Affiliate must cease promoting the Company's goods or services, and any outstanding fees will be settled.

 

The eighth section outlines the consequences of termination, including the Affiliate's lack of claim for compensation and the settlement of outstanding fees. Both parties are relieved of further obligations under the agreement, except as otherwise provided.

 

The ninth section focuses on confidentiality. The Affiliate must treat any confidential information provided by the Company as confidential and not disclose it without the Company's consent. The Affiliate may disclose relevant parts of the confidential information to customers and potential customers for the purpose of promoting the sale of goods or services. The Affiliate must promptly notify the Company of any infringement of rights or confidential information.

 

The tenth section includes a warranty of capacity and power, stating that each party has the authority and capacity to enter into and carry out their obligations under the agreement.

 

The eleventh section addresses force majeure, stating that neither party will be liable for any failure or delay in performing their obligations under the agreement due to causes outside their reasonable control.

 

The twelfth section includes general provisions, such as restrictions on mortgage, charge, or assignment of rights, the independent contractor relationship between the parties, notice requirements, waiver of rights, and the validity of the agreement in case of illegal or void provisions.

 

The thirteenth section clarifies that no rights under the agreement can be enforced by third parties.

 

The fourteenth section provides for arbitration and the proper law governing the agreement.

 

The fifteenth section addresses notices and service, specifying the methods and timing of delivering notices between the parties.

 

The agreement is signed by the duly authorized representatives of the Company and the Affiliate, and it sets out the entire agreement and understanding between the parties, superseding any previous agreements or arrangements.

 

How to use this document?

1. Complete the application form on the Company's website to join the Affiliate program.

2. Wait for the Company to evaluate your business and approve or reject your application.

3. If approved, the Company will provide you with a specific link or code to use on your website.

4. Place the link or code on your website to redirect customers to the Company's website.

5. Promote the Company's goods or services using unique affiliate codes/links provided by the Company.

6. Calculate your commission as a percentage of the net value of goods and/or services sold directly as a result of your promotion.

7. Maintain accurate payment information with the Company to receive your commission.

8. Issue an invoice to the Company at the end of each month.

9. Resolve any disputes regarding invoices in good faith.

10. Remember that the agreement is non-exclusive, and you are free to work with other affiliate programs.

11. Display the Company's marks (logos, trademarks, and service marks) on your website as granted by the limited license.

12. Do not use the marks for any other purpose without the Company's written consent.

13. Comply with the requirements of the affiliate program, including the nature and content of your website and the use of trademarks and logos.

14. Do not use the affiliate program for unlawful purposes or in a way that could damage the Company's website and goods/services.

15. Comply with all applicable laws and regulations, including data privacy and security laws.

16. Ensure that your website does not promote explicit materials, violence, discrimination, or infringe on any copyright or trademark.

17. Take responsibility for meeting all legal requirements for your business, including ensuring that claims on your website regarding the Company's goods/services are true and accurate.

18. Implement the tracking mechanism provided by the Company to track customers purchasing goods/services as a result of the affiliate agreement.

19. Terminate the agreement by providing written notice if necessary, following the specified termination conditions.

20. Cease promoting the Company's goods/services upon termination.

21. Settle any outstanding fees within the specified timeframe.

22. Treat any confidential information provided by the Company as confidential and do not disclose it without the Company's consent.

23. Disclose relevant parts of the confidential information to customers and potential customers for the purpose of promoting the sale of goods/services.

24. Notify the Company of any infringement of rights or confidential information.

25. Ensure that you have the authority and capacity to enter into and carry out your obligations under the agreement.

26. Understand that neither party will be liable for any failure or delay in performing obligations due to causes outside their control.

27. Review the general provisions of the agreement, including restrictions on mortgage, charge, or assignment of rights.

28. Remember that the agreement sets out the entire agreement and understanding between the parties, superseding any previous agreements or arrangements.