Affiliate Agreement

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Parties & Program Overview›Affiliate Application & Approval›Commission Structure…

Parties & Program Overview12 questions

1. What type of business entity is the company entering into this document?

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2. Is this agreement for a named affiliate (bilateral/signed), an open online program (clickwrap terms), or a specific affiliate type such as agencies, influencers, publishers, or coupon sites?

3. What is the exact legal name of your business (the merchant)?

4. Does your business operate under a brand name, DBA, or program-operator name that differs from the legal name?optional

5. What is the merchant's legal entity type?

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6. In which state is your business formed or primarily located?

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7. What is your business mailing/notice address?

8. What is the primary program contact email for affiliates?

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9. What email or address should be used for formal legal notices?optional

10. What do you call your affiliate program?

11. Where are your affiliate program terms, policies, or dashboard rules hosted online?optional

12. What type of products or services do affiliates promote?

Affiliate Application & Approval6 questions

13. Do affiliates need to apply and be approved before they can participate?

14. How do affiliates accept the agreement and later updates?

15. What is the minimum age and eligibility requirement to participate?

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16. Which countries or U.S. states may affiliates be located in or target with their promotions?

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17. Are any affiliate types excluded or restricted to an approved list only?

18. Must affiliates periodically re-certify compliance or update their application information?optional

Commission Structure6 questions

19. What commission model(s) does your program use?

20. What exactly constitutes a qualifying sale, lead, signup, trial, subscription, or conversion for which commission is owed?

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21. Is commission calculated on gross revenue, net revenue (after deductions), or collected cash?

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22. After an affiliate's participation ends, are they entitled to any commissions on prior referrals?

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23. How much advance notice do you give before changing commission rates or program rules?

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24. What amounts are deducted before commission is calculated, and what sale types are excluded?

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Cookie Tracking & Attribution7 questions

25. What affiliate tracking platform, network, or software does your program use?optional

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26. What tracking methods does your program use?

27. How long does your affiliate tracking cookie remain active after a visitor clicks an affiliate link?

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28. Which attribution model does your program use when multiple affiliates are involved?

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29. If tracking fails (cookies blocked, ad blockers, browser limitations, server errors), will the merchant be liable to the affiliate?

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30. Do you explicitly prohibit cookie stacking and other attribution manipulation (forced clicks, toolbars, pop-ups)?

31. May you (the merchant) manually adjust, reverse, approve, deny, or reassign commissions for fraud, errors, or disputed attribution?

Prohibited Promotion Methods8 questions

32. Do you prohibit affiliates from bidding on your brand name, misspellings, or domain names in paid search?

33. Do you prohibit or restrict affiliates from distributing coupon codes on third-party coupon/cashback sites or browser extensions?

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34. Do you prohibit affiliates from sending unsolicited commercial messages (spam email, SMS, push notifications, robocalls) to promote your products?

35. Do you prohibit affiliates from making false, misleading, or unsubstantiated claims about your products?

36. Do affiliates need pre-approval before making product claims, comparisons, testimonials, or earnings claims?optional

37. Do you prohibit affiliates from promoting directly competing products on the same page, post, or campaign where your products are featured?

38. Do you prohibit affiliates from using your brand name or trademarks in domain names, subdomains, SEO page titles, metadata, social handles, or app names?

39. Are there any other promotion methods you want to explicitly prohibit?optional

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FTC Disclosure Requirements1 question

40. Do you require affiliates to include an FTC-compliant disclosure whenever they promote your products?

Brand & Trademark License2 questions

41. Do you grant affiliates a limited license to use your business name, logo, and trademarks in their promotional content?

42. May you (the merchant) use affiliate-created content, testimonials, social posts, or ads for your own marketing?optional

Payment Terms & Schedule6 questions

43. When are affiliate commissions paid out?

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44. What is the minimum commission balance required before a payout is issued?

45. What payment methods do you offer affiliates?

46. Do you require affiliates to submit a W-9 (U.S.) or W-8BEN (international) before receiving payment?

47. By when must affiliates dispute a commission statement or payment calculation?

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48. What happens to commissions below the minimum threshold, unclaimed balances, failed payments, or commissions from a closed account?

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Returns, Refunds & Chargebacks2 questions

49. How long after a sale can a return or chargeback result in a commission being clawed back?

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50. If a customer returns only part of an order, how is the commission affected?

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Affiliate Fraud & Termination8 questions

51. Do you prohibit affiliates from purchasing products through their own affiliate link (self-referrals)?

52. Do you explicitly prohibit cookie stuffing (placing affiliate tracking cookies on browsers without user consent)?

53. Which events permit you to terminate an affiliate's participation immediately, without notice or cure period?

54. If affiliate fraud is detected, do you reserve the right to claw back all commissions paid to that affiliate (not just from fraudulent transactions)?

55. Do you want to include a liquidated damages provision for affiliate fraud (a pre-set dollar amount per fraudulent transaction)?

56. Do you reserve the right to suspend or discontinue the entire program at any time?

57. How much notice is required to terminate an affiliate for convenience (non-cause) reasons?

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58. What must an affiliate do after their participation ends (by either party, for any reason)?

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Independent Contractor Status2 questions

59. Does the agreement explicitly state that affiliates are independent contractors - not employees, agents, or partners?

60. Does the agreement state that affiliates have no authority to make promises, enter contracts, or represent the business on its behalf?

Confidentiality1 question

61. Do you want a confidentiality provision requiring affiliates to keep your commission rates, program terms, and business information confidential?

Dispute Resolution4 questions

62. How do you want disputes under this agreement resolved?

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63. Do you want to include a class action waiver (prohibiting affiliates from bringing class, collective, or representative action claims)?

64. Which state's law governs this agreement and in which state must court actions (or arbitration) be brought?

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65. How do affiliates accept this agreement, including for future updates?

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Affiliate Networks & Sub-Affiliates1 question

66. May affiliates use sub-affiliates, downstream publishers, agencies, or affiliate networks to perform their obligations?

Compliance Monitoring2 questions

67. Do you reserve the right to monitor affiliate content, audit compliance, request records, and require correction of non-compliant content?

68. Must affiliates maintain records of their disclosures, consent documentation, ad campaigns, traffic sources, and compliance activities?optional

Privacy & Data1 question

69. Will affiliates receive, collect, or process customer or referral personal data through the program (e.g., lead data, tracking pixels, email lists)?

Indemnity & Liability4 questions

70. Will affiliates be required to indemnify and defend you against claims arising from their promotion methods, content, disclosure failures, privacy violations, and legal noncompliance?

71. What is the maximum total liability either party can face under this agreement?

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72. Should the agreement waive indirect, consequential, special, incidental, punitive, and lost-profit damages?

73. Should the agreement preserve the right to seek emergency injunctive or equitable relief in court (even if arbitration is selected)?

General Terms6 questions

74. Which provisions should survive the termination or expiration of the agreement?

75. May either party assign the agreement to a successor (e.g., in a merger, asset sale, or platform migration)?

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76. If multiple documents govern the affiliate relationship (this agreement, program policies, brand guidelines, network terms), which controls in case of conflict?

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77. How may you update the program terms, commission schedule, brand guidelines, or prohibited methods list?

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78. Should the agreement include standard boilerplate provisions: severability, no-waiver, headings not controlling, and counterparts/electronic signatures?

79. Will this document be signed electronically?optional

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Required - please read and check this box to generate:ArtiEsq provides self-help legal information and document automation. ArtiEsq is not a law firm, does not provide legal advice, and use of this product does not create an attorney-client relationship. You are responsible for reviewing the document and determining whether you should consult a licensed attorney for legal advice about your specific situation.

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