It can be used to drive massive referral traffic to your business. We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement. Examples affiliate agreement template pointers. Leave a Reply. The Company may, from time to time and at any time, modify this Agreement. Add to Cart Details What's Included FAQ Refunds Reviews. This affiliate program agreement protects you and your affiliate program from legal issues and gives you all the protection you need to run your program smoothly and legally. Affiliate Agreement Note: This document does not reflect or constitute legal advice. Webmaster will make available to Affiliate a few banner advertisements, button links, text links and other graphic or textual material for display on the Affiliate website. You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. The agreement is ready for immediate download after ordering.An affiliate agreement is a binding agreement between a website or blog owner and their affiliates. Paid Order " means an order for which the Owner has received and processed payment, less the cost of returns and charge backs the Owner incurs on any of the Affiliate's referred customer orders. Utilize the power of the internet to increase your network and protect your business from misuse or abuse using this Affiliate Program Agreement. Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. You may be obligated to pay monetary damages or legal fees and costs. We will determine whether payout is permissible in our sole and exclusive discretion. The Owners hall pay the Affiliate a commission on any Paid Order made by the Affiliate Customers that the Affiliate refers to the Owner through the Affiliate Link during the term of this agreement. " The agreement is a contract between the two parties. The Company also makes no warranties as to the reliability or accuracy of any information. By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that Alabama shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. If you have any questions or remarks, feel free to post them below. Choose the state where the company that is providing the affiliate program primarily does business. A referral fee agreement is between an affiliate that “refers” sales or services to a company in exchange for compensation. $455.00. Chinese New Year Ox 2021. Copyright 2021 Legal Templates LLC. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart. The Affiliate, desiring to enter the Company affiliation program, agrees to abide by the terms and restrictions imposed by the Company, which may be updated or changed at any time via {notification}. The Company assumes no responsibility or liability for any misrepresentation of your age. D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Processing and fulfillment of orders will be our responsibility. Each Party shall pay their own costs and fees. The fee paid to the affiliate is commonly a percentage (%) of the total sale or a flat fee per transaction. For any questions or concerns, please email us at the following address: ________. The term of this Agreement will begin when we accept you into the Affiliate Program. We may modify the specific link or links and will notify you if we do so. The Affiliate or Referral Program Agreement will help answer those questions and more, like: Will you provide me with affiliate collateral I can use to drive sales? What is the commission percentage/referral fee? You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services; b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. DIY Affiliate Contract Agreement Template — One (1) downloadable, editable .docx file containing a detailed affiliate agreement template with fill-in-the-blanks to make your own. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. This agreement governs participation in the Brian Tracy Affiliate Partnership Program only. If your Affiliate Application is rejected, you may not reapply. You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours. We may monitor your account, as well as clicks and/or purchases coming through your account. A web affiliate agreement is a legal document under which a website operator will (directly or indirectly) pay commission or a fee to another person, in respect of users referred by that other person. Please note that throughout this Agreement, "we," "us," and "our" refer to Merchant.com, and "you," "your," and "yours" refer to the affiliate. 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 will likely be where the company is organized or incorporated. Home Legal Documents Affiliate Agreement. Page 1of 22. The Affiliate Application may be found at the following website: ________. The Company does not accept responsibility for the security of your account or content. If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. 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. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. Do I have to let my audience know that I’ll receive commission for any sales completed through my affiliate link? You agree that the Company has the right to modify this Agreement or revise anything contained herein. This price winning Affiliate Agreement template gives you everything you need to comply with the law, protect yourself from lawsuits and protect your online business legally, so you can have peace of mind at the end of the day knowing your hard work and creation is protected! You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. 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. G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement. The Affiliate Program is administered through our Company pursuant to the policies at our Company Web site, as well as this agreement. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination. To begin with this, affiliates or publishers place AD in their websites along with their unique content, such as blog, video or templates. You hereby provide us a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise our Affiliate Program. (855) 335-9779, Monday-Friday, 10AM - 6PM EDT. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program. 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. (1) Ava Trade Limited, being a company incorporated and existing under the laws of the British Virgin Islands, (“Company” or “AvaTrade”), and regulated by the British Virgin Islands Financial Services Commission (“VIFS ”), Legal Templates cannot and does not provide legal advice or legal representation. You will be asked to submit a W8/W9 tax form. An affiliate agreement forms a legally-binding relationship between two parties (typically, two businesses), where one party (the “affiliate”) receives compensation for promoting the other (the “company”) to visitors of the affiliate’s website or app. H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Please read the updated terms below. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company. Use the form on the left to fill in the template. 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. DISCLAIMER Nothing on this site shall be considered legal advice and no attorney-client relationship is established. THIS AGREEMENT(“Agreement”) is made by and between: PARTIES. a) You further agree not to use the Affiliate Program: I) To harass, abuse, or threaten others or otherwise violate any person's legal rights; 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; VI) To publish or distribute any obscene or defamatory material; VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group; VIII) To unlawfully gather information about others. Currently, the Company employs the following methods of payout: For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible. You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. NOTICE: On September 24, 2020, we revised Section 3A of the Affiliate Agreement to clarify our policy about distributing Affiliate Links to third parties. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. The Affiliate will display these Materials on his website according to the rules and regulations of the owner. The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc. 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 evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. Affiliation Agreement Page 2 of 12 WHEREAS, it is, therefore, prudent and beneficial for the University and this Affiliate to document clearly their relationship and their respective responsibilities and authority. The arbitration shall be conducted in the following county: ________. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": ________. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us. 1. 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. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. Cease and Desist Copyright Infringement Letter, Cease and Desist Trademark Infringement Letter, Release of Liability Form (Waiver of Liability), When a visitor purchases goods on the company’s website, When a visitor clicks on the link to the company’s website (called “pay per click” or “PPC”), Percentage of users that are likely to click on the link to the company’s website. We will also provide real-time data regarding your account with us through the portal on which you log into the website. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. An affiliate agreement forms a legally-binding relationship between two parties (typically, two businesses), where one party (the “affiliate”) receives compensation for promoting the other (the “company”) to visitors of the affiliate’s website or app. Disputes filed after thirty days of payout will not be addressed. Affiliate Agreement TemplateProtect your website, business, and products with our attorney-drafted affiliate agreement. You are required to post a conspicuous notice on your website regarding the Affiliate Program. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. 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. d) Are not clicks sent by a bot or other automated web program. 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. In less than 10 minutes, your attorney-prepared and peer-reviewed agreement can be in the hands of your clients. Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. 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. As described above, in order to be eligible for payout, user clicks must be "Qualified Clicks." C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Get a ready for use document that you can tailor fit to the needs of your business. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. It’s easy enough for people to claim, “just run some ads and spend lots of money.” If you just toss some cheap words into an ad and pump cash into it, you might as well have disposed that money right into a slot machine. all materials and content that appear on the Affiliate Site. Congratulations on your new affiliate program! A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language. Affiliate Agreement Contract Template. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. If we do so, you will be notified. At the end, you will immediately receive the document in Word and PDF formats for free. In it, you assure your affiliates of your good intentions, explain the purpose of the agreement, and invite them to contact you if they have any question. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": _____. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. An affiliate agreement is a marketing or referral program where the affiliate receives payments from the merchant company running the scheme if web users visit a website, register with a website, make a purchase with a website, or takes some other action (eg Amazon affiliate program). … You may only earn payouts as long as you are an Affiliate in good standing during the term. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Alabama. You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You shall operate and maintain the Affiliate Site in accordance with all applicable laws, rules and regulations. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Consider the following factors when deciding how to outline compensation in your affiliate agreement: There are no hard and fast rules when it comes to drafting an affiliate agreement. Use our Affiliate Agreement to establish a partnership in which one party earns commission through promotions. Quickly Customize. Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. d) Affiliate Program: The program we've set up for our affiliates as described in this Agreement. This Affiliate Agreement is for use by a company (Affiliate Operating Site) that wishes to generate revenue by setting up an affiliate program for a specific third party site to refer customers to the Affiliate Operating Site to purchase products and services. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. You agree that your participation in the Affiliate Program is at your own risk. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. It is basically the introduction to your agreement. Our primary website is located at the address listed above. It can be terminated by either Party at any time with or without cause. And how often will I get paid? Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes. You can then open the Word document to modify it and reuse it however you wish. The Company has developed an affiliate marketing program (the "Program") for the websites located at www.erasemybackpain.com, www.backtolifesystem.com, www.backpainstretch.com, www.healthybacksystem.com, … Qualified Clicks: a) Are clicks arriving to our website or websites through properly formatted links on the Affiliate Site; b) Are clicks arriving to our website or websites through the Affiliate's specifically approved sites only (no other websites or social media pages); c) Are clicks arriving to our website which relate to one specific user; and. The Company will provide the Affiliate with graphic and … You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner. This agreement imposes no restrictions on us to work with any individual or company we may choose. Headings shall not affect the meaning of any provisions of this Agreement. Affiliate agreement template should also include an outline of the initial and ongoing responsibilities of the affiliate and the business. Instantly Download Website Affiliate Agreement Template, Sample & Example in Microsoft Word (DOC), Google Docs, Apple (MAC) Pages Format. This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. The blurry words become clear when the document is downloaded. Are they responsible for reporting certain performance metrics back to the business? Available in A4 & US Letter Sizes. You are free to work with similar affiliate program providers in any category. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. Get yourself protected through our agreement to ensure that affiliates do not tarnish your reputation. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the "Affiliate Site"). Use of this site is subject to our Terms of Use. Leads may also be included in the agreement, for example, if the affiliate refers e-mail addresses to the company they may be able to receive compensation. It’s easy AND affordable to do so with this Affiliate Agreement Template. This affiliate marketing agreement is between Lark Wellness LLC (the "Company"), and you, the individual or entity signing up to become an affiliate (the "Affiliate").. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. E) SEVERABILITY: If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. Or can I use something I create? Payouts will be available the month or period after they accrue. This Affiliate Program Agreement Template allows the recipient (your client or customer) to commercially print the files included as part of their purchase of your goods or services. Affiliate Program Agreement This agreement is a binding, legal contract between you, the Affiliate and our business, R&D Enterprises Group, LLC, hereinafter referred to as the Company. Have affiliate websites link to your own to increase your reach and connectivity. I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. AFFILIATE AGREEMENT. NOW, THEREFORE, recognizing the importance of an agreement between the parties on acceptable standards and procedures for the accounting and auditing of accounts of the In consideration of the Fees, you agree to place one or more of the Links on the Affiliate Site in accordance with the terms and conditions of this Agreement. e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program. A typical affiliate contract would involve a website operator placing links on his or her website to an ecommerce website, and receiving commission on sales. This Agreement sets forth the terms and conditions of Affiliate’s participation in Namecheap’s Affiliate Program (“Affiliate Program") and is in addition to any other agreement that Affiliate may have entered into with Namecheap by virtue of being a customer. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. This is a sample made available by the Organizations and Transactions Clinic at Stanford Law School on the basis set out at nonprofitdocuments.law.stanford.edu. Generally, affiliates will promote goods and/or services owned by the website owner.LEARN MORE Easily Editable & Printable. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout. If you do not hear from us within a reasonable time frame, please consider your application rejected. A typical affiliate agreement is structured to provide compensation to the affiliate in one – or both – of the following ways: The payment structure you choose will depend on the amounts to be paid by the company to the affiliate. The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: ________, Alabama. Payouts are also subject to the following restriction: a) Payouts are only available when a threshold of the following amount is met: $________ (________). This Agreement covers your responsibilities as an affiliate and our responsibilities to you. 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