AFFILIATE CONTRACT OUTLINE™

A complete structure for a professional, enforceable affiliate agreement.

1. Agreement Overview

• Purpose of the agreement

• Parties involved (Brand + Affiliate)

• Effective date

• Program description

Guided Link: Agreement overview

2. Definitions

Clarify key terms used throughout the contract.

• Affiliate

• Commission

• Tracking link

• Qualified sale

• Program assets

• Intellectual property

Guided Link: Contract definitions

3. Affiliate Responsibilities

What the affiliate is required to do.

• Promote products using approved methods

• Create content aligned with brand guidelines

• Maintain active public social accounts

• Use correct tracking links and discount codes

• Follow disclosure laws (#ad, #affiliate)

• Represent the brand professionally

4. Brand Responsibilities

What you provide as the brand.

• Tracking link + discount code

• Commission payouts

• Access to asset library

• Product information

• Support and communication

• Program updates

Guided Link: Brand obligations

5. Commission Structure

Clear breakdown of how affiliates earn.

• Commission percentage

• Tier structure

• Bonus structure

• Payment schedule

• Refund/chargeback policy

• Minimum payout threshold

Guided Link: Commission tiers

6. Tracking & Attribution

How sales are tracked and credited.

• Unique link tracking

• Cookie duration

• Attribution rules

• Fraud prevention

• Reporting access

Guided Link: Affiliate tracking

7. Content & Brand Guidelines

Rules for how affiliates represent the brand.

• Approved messaging

• Visual style

• Logo usage

• Prohibited content

• Disclosure requirements

• Restrictions on claims

Guided Link: Brand guidelines

8. Intellectual Property

Protects your brand assets.

• Ownership of brand materials

• Limited license granted to affiliate

• Restrictions on modification

• Termination of license upon contract end

Guided Link: IP rules

9. Confidentiality

Protects internal brand information.

• Non‑disclosure of internal data

• Protection of pricing, strategy, and commissions

• Duration of confidentiality obligations

Guided Link: Confidentiality terms

10. Term & Termination

Defines how long the agreement lasts and how it can end.

• Contract duration

• Termination by brand

• Termination by affiliate

• Grounds for immediate termination

• Post‑termination obligations

Guided Link: Termination rules

11. Prohibited Activities

Protects your brand from misuse.

• Misleading advertising

• Spamming

• Fake reviews

• Coupon misuse

• Unauthorized discounts

• Trademark misuse

• Offensive or harmful content

Guided Link: Prohibited affiliate actions

12. Liability & Indemnification

Clarifies legal protections.

• Brand not liable for affiliate actions

• Affiliate responsible for compliance

• Indemnification clause

• Limitation of liability

Guided Link: Liability terms

13. Governing Law

Specifies jurisdiction for disputes.

• State/country governing the contract

• Venue for legal matters

Guided Link: Governing law

14. Miscellaneous Provisions

Standard legal clauses.

• Entire agreement

• Amendments

• Assignment

• Severability

• Notices

Guided Link: Misc provisions

⭐ Signature Section

• Brand representative signature

• Affiliate signature

• Date

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AFFILIATE AGREEMENT (DRAFT)

This Affiliate Agreement (“Agreement”) is made between [Brand Name] (“Brand”) and [Affiliate Name] (“Affiliate”). This Agreement governs participation in the Brand’s Affiliate Program and outlines the rights, responsibilities, and obligations of both parties.

Effective Date: [Insert Date]

1. Definitions

1.1 Affiliate – Individual or entity participating in the program. 1.2 Commission – Compensation earned from Qualified Sales. 1.3 Qualified Sale – Completed purchase tracked through the Affiliate’s unique link or code. 1.4 Program Assets – Brand-approved images, logos, messaging, and materials. 1.5 Tracking Link – Unique URL assigned to the Affiliate. 1.6 Brand Guidelines – Rules governing content, messaging, and representation.

2. Affiliate Responsibilities

2.1 Promote Brand products using ethical, approved methods. 2.2 Create content aligned with Brand Guidelines. 2.3 Maintain active public social media accounts. 2.4 Use correct tracking links and discount codes. 2.5 Follow all disclosure laws (#ad, #affiliate). 2.6 Avoid misleading claims or misrepresentation. 2.7 Uphold professionalism and brand integrity.

3. Brand Responsibilities

3.1 Provide Affiliate with a unique tracking link and discount code. 3.2 Supply Program Assets and product information. 3.3 Issue commission payments according to the payment schedule. 3.4 Maintain accurate tracking and reporting. 3.5 Communicate updates, changes, or promotions.

4. Commission Structure

4.1 Standard Tier: 10–12% per Qualified Sale. 4.2 Premium Tier: 15–20% per Qualified Sale. 4.3 Elite Tier: 25–30% per Qualified Sale. 4.4 Payments issued monthly. 4.5 Minimum payout threshold: [Insert Amount]. 4.6 Commission deducted for refunded or fraudulent orders. 4.7 Seasonal or performance-based bonuses may apply.

5. Tracking & Attribution

5.1 Sales tracked via the Affiliate’s unique link or code. 5.2 Cookie duration: [Insert Duration] days. 5.3 Last-click attribution applies unless otherwise stated. 5.4 Brand may investigate suspected fraud or manipulation.

6. Content & Brand Guidelines

6.1 Use approved messaging and tone. 6.2 Follow visual style and aesthetic standards. 6.3 Adhere to logo usage rules. 6.4 Avoid prohibited content categories. 6.5 Follow disclosure requirements. 6.6 Avoid misleading or unverified claims. 6.7 Brand may request removal or revision of violating content.

7. Intellectual Property

7.1 Brand retains full ownership of all Program Assets. 7.2 Affiliate receives a limited, revocable license to use assets solely for promotion. 7.3 Affiliate may not modify, sell, or distribute Brand IP. 7.4 License terminates immediately upon contract termination.

8. Confidentiality

8.1 Affiliate may not disclose internal brand information. 8.2 Confidential information includes pricing, commissions, strategy, and non-public product details. 8.3 Confidentiality obligations survive termination.

9. Term & Termination

9.1 Agreement begins on the Effective Date and continues until terminated. 9.2 Either party may terminate with written notice. 9.3 Brand may terminate immediately for fraud, misrepresentation, offensive content, guideline violations, or breach of contract. 9.4 Upon termination:

• 9.4.1 Affiliate must cease use of Program Assets.

• 9.4.2 Tracking links and codes will be deactivated.

• 9.4.3 Final commission payout issued according to policy.

10. Prohibited Activities

10.1 Misleading advertising. 10.2 Spam or mass unsolicited messaging. 10.3 Fake reviews. 10.4 Coupon misuse. 10.5 Bidding on Brand trademarks in paid ads. 10.6 Promotion on adult, hateful, or illegal platforms. 10.7 Any activity harming Brand reputation.

11. Liability & Indemnification

11.1 Brand is not liable for Affiliate’s actions, content, or statements. 11.2 Affiliate is responsible for legal compliance. 11.3 Affiliate agrees to indemnify Brand against claims arising from Affiliate’s actions. 11.4 Brand’s liability is limited to commission owed.

12. Governing Law

12.1 Agreement governed by the laws of [Insert State/Country]. 12.2 Disputes resolved in the courts of [Insert Jurisdiction].

13. Miscellaneous

13.1 Entire Agreement clause. 13.2 Amendments must be in writing. 13.3 Assignment restrictions. 13.4 Severability clause. 13.5 Notice requirements. 13.6 No employment or partnership relationship created.

14. Signature Section

Brand Representative: Name: __________________________ Signature: ______________________ Date: ___________________________

Affiliate: Name: __________________________ Signature: ______________________ Date: ___________________________