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. Some of the areas that should be addressed and clearly defined include:. Most affiliates may not read through the entire agreement, so it may be best to provide an affiliate FAQ or easily digestible version of the terms that they can easily read through in addition to the formal document.
If you need help with an affiliate marketing agreement, you can post your legal need on UpCounsel's marketplace. The short and simple answer is that everyone who has their own affiliate program should be using an Affiliate Agreement.
But, allowing affiliates to promote your products and services without safeguarding you and your business can cause major legal mistakes and headaches. As a smart business owner, you never want to leave loopholes where small things like this can get you in trouble. Having your affiliates sign an Affiliate Agreement ensures that your affiliate program, you, and your business are legally protected.
Here are a few key pieces of information that every Affiliate Agreement should include:. As you can see, you definitely need a comprehensive Affiliate Agreement like this that truly covers all aspects of your business to protect you from legal disputes and issues.
The easiest way to get your affiliates to sign the affiliate contract is when they sign up for your affiliate program. Affiliates can sign up for my program here. They input their information such as name, email address, and more.
Before my affiliates can access their affiliate links, they are required to sign the Affiliate Agreement. Then, my affiliates complete their tax and payment information so they can get paid their commissions. Pick which method works best for you and make sure you get this agreement accepted by your affiliates BEFORE you allow them to promote your products! You risk more than you can imagine by not having your affiliates sign this agreement before they start promoting your products. Your affiliate program is a business partnership agreement with the people who promote your products and services.
You want people to respect you as an entrepreneur and the brand you have worked so hard to build, so make sure to protect it legally. Read this post to see what I mean! You get an instant download when you get the Affiliate Agreement here.
Then, you just plug in your business information as instructed and start using it immediately! Plus, most people get done in less than 15 minutes as you can see how easy it is to fill in the blanks and fun, okay, maybe not fun for you but still pretty easy! This Affiliate Agreement Template is legit, comprehensive, affordable, AND drafted by a lawyer who is also a professional blogger — me! This is the same legal template I use with my affiliates to run my six-figure blog.
This Affiliate Agreement Template is your easy and done-for-you legal solution. Richard has purchased pretty much ALL of my legal templates at least 9 different templates including this one! These legal templates will cost you less than a WordPress plugin! Grab your copy of the Affiliate Agreement Template here and watch more testimonials here. Having your own affiliate program is a great way for you to promote your products and services in front of a whole new audience!
II To violate any intellectual property rights of the Company or any third party;. III To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;. V To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;. VII To publish or distribute any material that incites violence, hate, or discrimination towards any group;. You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials.
You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program. We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated.
The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers. We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner. You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words as the example given below, but should be similar:.
We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the United States or the General Data Protection Regulation of the European Union.
We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.
If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion. The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk. The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis.
You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime. You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information.
You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss. The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at [email protected] You can also reach us via phone, toll-free: This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Merchant.
Please note that throughout this Agreement, "we," "us," and "our" refer to Merchant. To begin the enrollment process, you will complete and submit the online application at the ShareASale. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:.
Promotes sexually explicit materials 2. Promotes violence 2. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age 2. Promotes illegal activities 2. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law 2. Includes "Merchant" or variations or misspellings thereof in its domain name 2.
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Merchant. As a member of Merchant. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
0コメント