With ThriveCart, you can easily set up an affiliate program so that others can do the hard work of promoting your products for you.
But, before you begin, it’s essential that you send each of your affiliates an agreement to sign before they start sharing your products.
Read on to discover what an affiliate agreement is, why you need one, and grab our free template.
|We are not lawyers. The information we provide below is for educational purposes only, and while we’ve done our best to make sure it’s of value to you, we make absolutely no guarantee about its suitability or reliability. Please make sure you seek the advice of a qualified legal professional in these matters.
What is an Affiliate Agreement Contract?
In an affiliate program, an affiliate agreement is a legal contract between a business (that’s you) and an affiliate (a publisher, influencer, or other promoter) who agrees to promote the business’s products or services in exchange for compensation (usually a commission, or percentage of sales).
This agreement outlines the terms and conditions under which the affiliate will promote the products or services and how they will be compensated for their efforts. It’s important to have for a few reasons:
- It keeps everything clear between parties. No misunderstandings or unclear rates: information is transparent for everyone.
- It builds trust between a business and their promoters. Having an affiliate agreement in place is as important as a domain name, logo or trademark for appearing professional.
- It provides legal protection. While we are not lawyers, having an affiliate agreement in place may reduce the likelihood of legal complications and misunderstandings.
Why Do I Need an Affiliate Agreement?
Any affiliate program is entered into with both parties expecting certain outcomes. An affiliate agreement helps to outline those expectations, and keep everything on the straight and narrow.
Legal Protection: It provides a clear legal framework that protects both the business and the affiliate, reducing the risk of disputes and misunderstandings.
Clarity of Expectations: Clearly defines the expectations and responsibilities of both parties, ensuring a mutual understanding of the arrangement.
Compliance: Helps ensure that the affiliate’s promotional activities comply with relevant laws, regulations, and the business’s policies.
Payment and Compensation: Establishes the terms under which the affiliate will be compensated, avoiding confusion or disputes over commission amounts and payment schedules.
Termination Procedures: Clearly outlines the conditions under which the agreement can be terminated, protecting both parties in case the relationship needs to end.
TL:DR, an affiliate agreement is a crucial document for anyone who wants to sell more products via affiliate marketing as it establishes a clear understanding between you and your affiliates, helping to manage expectations, ensure legal compliance, and protect both of your interests.
What Do I Include in an Affiliate Agreement?
An affiliate agreement usually consists of a few different parts and sections:
Commission Structure: Clearly defines how the affiliate will be compensated for sales, leads, or other desired actions. This may include a percentage of the sale, a flat fee, or another agreed-upon arrangement.
Payment Terms: Details when and how the affiliate will receive their commissions. This may include payment frequency, minimum payout thresholds, and preferred payment methods.
Termination Clause: Defines the circumstances under which either party can terminate the agreement. This may include breaches of the agreement, violation of terms, or other specified reasons.
Confidentiality: Describes the promise to keep secret information confidential within both parties.
You may need more sections than this depending on your affiliate program and needs.
FREE Affiliate Agreement Template
Here’s an affiliate agreement template you can use to outline boundaries and expectations with your affiliates when they apply to your program.
(Again, this template is for general information only, and we are not liable for any errors. Please seek qualified legal advice and use at your own risk.)
|AFFILIATE MARKETING AGREEMENT
THIS AGREEMENT is entered into as of [Date], (“Effective Date”), by and between:
Your Company Name and Address,
Affiliate Name and Address.
1.1 “Company” refers to [Your Company Name], the merchant or advertiser.
1.2 “Affiliate” refers to the individual or entity engaging in affiliate marketing activities.
1.3 “Agreement” refers to this Affiliate Marketing Agreement.
2.1 Appointment as Affiliate. Company appoints Affiliate, and Affiliate accepts the appointment, to promote Company’s products/services in accordance with the terms and conditions of this Agreement.
3. COMMISSION AND PAYMENT
3.1 Commission Structure. Company agrees to pay Affiliate a commission based on [percentage/flat fee] for each [sale/lead/action] generated through Affiliate’s efforts.
3.2 Payment Terms. Payments will be made on a [monthly/bi-monthly] basis, [specify preferred payment method]. Minimum payout threshold is [amount].
3.3 Tracking and Reporting. Company will provide Affiliate with unique tracking links to monitor and report on the performance of Affiliate’s marketing efforts.
4. PROMOTIONAL ACTIVITIES
4.1 Compliance. Affiliate agrees to comply with all applicable laws, regulations, and Company’s policies in promoting Company’s products/services.
4.2 Approved Materials. Company may provide Affiliate with approved marketing materials. Affiliate agrees to use only the approved materials in their promotional activities.
5. INTELLECTUAL PROPERTY
5.1 Use of Marks. Affiliate is granted a limited, non-exclusive, non-transferable license to use Company’s trademarks and logos solely for the purpose of promoting Company’s products/services.
6. TERM AND TERMINATION
6.1 Term. This Agreement shall commence on the Effective Date and continue until terminated by either party with [notice period].
6.2 Termination. Either party may terminate this Agreement for cause upon written notice if the other party breaches any material term of this Agreement.
7.1 Confidential Information. Both parties agree to keep confidential any proprietary or confidential information received from the other party.
8.1 Independent Contractors. The parties are independent contractors, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship.
8.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].
IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Marketing Agreement as of the Effective Date.
[Your Company Name and Signature] [Affiliate Name and Signature]