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Affiliate Marketing Agreement

A contract between a business and an affiliate partner defining commission structure, promotion rules, payment terms, and compliance requirements.

AFFILIATE MARKETING AGREEMENT

This Affiliate Marketing Agreement ("Agreement") is entered into on [DATE] between:

COMPANY: [COMPANY NAME] ("Merchant")

Address: [COMPANY ADDRESS]

Website: [COMPANY WEBSITE]

AFFILIATE: [AFFILIATE FULL NAME / COMPANY NAME] ("Affiliate")

Website/Platform: [AFFILIATE WEBSITE OR PLATFORM]

Email: [AFFILIATE EMAIL]

1. AFFILIATE PROGRAM

Merchant grants Affiliate a non-exclusive, non-transferable right to promote Merchant's products and services ("Products") using Affiliate's unique tracking link(s) and promotional materials provided by Merchant.

2. COMMISSION STRUCTURE

Merchant shall pay Affiliate the following commissions for qualifying referrals:

- Commission Rate: [PERCENTAGE]% per qualifying sale / $[FLAT FEE] per qualifying lead

- Qualifying Sale: A completed purchase by a new customer referred by Affiliate's tracking link within [COOKIE DURATION] days

- Minimum Payout Threshold: $[AMOUNT]

3. PAYMENT TERMS

Commissions are calculated and paid [PAYMENT FREQUENCY, e.g., monthly] within [DAYS] days following the end of each period. Payment method: [PAYMENT METHOD, e.g., PayPal, bank transfer]. Commissions on returned or refunded orders will be reversed.

4. AFFILIATE OBLIGATIONS

Affiliate agrees to: (a) promote Products only through approved channels; (b) not engage in spam, misleading advertising, or prohibited promotional methods; (c) comply with all applicable laws including FTC disclosure requirements; (d) not bid on Merchant's brand keywords in paid search without written approval.

5. PROHIBITED CONDUCT

Affiliate shall not: use deceptive or misleading content; make claims about Products not authorized by Merchant; self-refer or refer family members; use cookie stuffing, typosquatting, or other fraudulent methods.

6. INTELLECTUAL PROPERTY

Merchant grants Affiliate a limited license to use Merchant's trademarks and marketing materials solely for approved promotional purposes. Affiliate shall not modify Merchant's brand assets without written permission.

7. TERM AND TERMINATION

This Agreement continues until terminated by either party on [NOTICE PERIOD] written notice. Merchant may terminate immediately for breach. Upon termination, all tracking links become inactive and Affiliate shall remove all promotional materials within [DAYS] days.

8. GOVERNING LAW

This Agreement is governed by the laws of [STATE/JURISDICTION].

MERCHANT: _________________ AFFILIATE: _________________

[MERCHANT NAME] [AFFILIATE NAME]

Date: ___________ Date: ___________

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What is a Affiliate Marketing Agreement?

An Affiliate Marketing Agreement template establishes the terms between a business (merchant) and its affiliate partners who promote products or services in exchange for commissions. This free affiliate marketing agreement covers commission structure, cookie duration, payment terms, prohibited conduct, FTC disclosure requirements, and intellectual property rights. Use this affiliate agreement template for e-commerce affiliate programs, SaaS referral programs, digital product promotions, and any performance-based marketing partnership. A clear affiliate marketing contract protects both merchant and affiliate by defining what qualifies as a sale, how commissions are calculated, and what promotional methods are permitted or prohibited.

Frequently Asked Questions

Is this Affiliate Marketing Agreement template free to download?

Yes, you can download this Affiliate Marketing Agreement template completely free. No sign-up required.

Can I customize this Affiliate Marketing Agreement template?

Absolutely. All placeholder fields (marked with brackets) can be replaced with your specific details. We recommend reviewing the final version with a legal professional for high-stakes agreements.

Is this Affiliate Marketing Agreement legally binding?

A contract template becomes legally binding once both parties sign it with valid consideration and mutual agreement. The template provides the correct legal structure — you fill in the specifics.

How do I use AI to review my Affiliate Marketing Agreement?

Upload your completed contract to AnyContract.ai. Our AI will analyze it for risky clauses, missing protections, and unfavorable terms within seconds.

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