Leave a Reply. For any questions or concerns, please email us at the following address: ________. Affiliate Agreement TemplateProtect your website, business, and products with our attorney-drafted affiliate agreement. The Company also makes no warranties as to the reliability or accuracy of any information. d) Affiliate Program: The program we've set up for our affiliates as described in this Agreement. Congratulations on your new affiliate program! I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. 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. THIS AGREEMENT(“Agreement”) is made by and between: PARTIES. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. 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. 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. Keep it short and to the point, no longer than 200-250 words. If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion. We explicitly reserve the right to change payout information in our sole and exclusive discretion. 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. 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. 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. 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. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. Or can I use something I create? 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. 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. F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. 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. The Affiliate will display these Materials on his website according to the rules and regulations of the owner. 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. As described above, in order to be eligible for payout, user clicks must be "Qualified Clicks." The arbitration shall be conducted in the following county: ________. 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. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Merchant.com's Affiliate Program. For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. 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. 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. Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship. 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. Get yourself protected through our agreement to ensure that affiliates do not tarnish your reputation. The grayed-out words become clear when the document is downloaded. Easily Editable & Printable. To begin with this, affiliates or publishers place AD in their websites along with their unique content, such as blog, video or templates. THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": _____. 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. Copyright 2021 Legal Templates LLC. 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. You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. 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 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"). Have affiliate websites link to your own to increase your reach and connectivity. 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. 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. A referral fee agreement is between an affiliate that “refers” sales or services to a company in exchange for compensation. You may be obligated to pay monetary damages or legal fees and costs. Create Your Affiliate Agreement in Minutes! Affiliate Agreement Contract Template. The term of this Agreement will begin when we accept you into the Affiliate Program. If you have any questions or remarks, feel free to post them below. 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. 15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE. Page 1of 22. Our primary website is located at the address listed above. This Agreement does not create an exclusive relationship between you and us. The agreement is a contract between the two parties. The Affiliate Application may be found at the following website: ________. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects. 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. Each Party shall pay their own costs and fees. $455.00. 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}. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion. Are they responsible for reporting certain performance metrics back to the business? 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. 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. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. Processing and fulfillment of orders will be our responsibility. If you do not hear from us within a reasonable time frame, please consider your application rejected. You may only earn payouts as long as you are an Affiliate in good standing during the term. 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. Chinese New Year Ox 2021. In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. 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. 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 section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Payouts will be available the month or period after they accrue. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart. The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc. Choose the state where the company that is providing the affiliate program primarily does business. 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. You can then open the Word document to modify it and reuse it however you wish. In such condition, the remainder of this Agreement shall continue in full force. The Company assumes no responsibility or liability for any misrepresentation of your age. The parties referred to in this Agreement shall be defined as follows: a) Company, Us, We: As we describe above, we'll be referred to as the Company. This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment). 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. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy. Home Legal Documents Affiliate Agreement. DISCLAIMER Nothing on this site shall be considered legal advice and no attorney-client relationship is established. You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. Add to Cart Details What's Included FAQ Refunds Reviews. Legal Templates cannot and does not provide legal advice or legal representation. For example, if payouts are made every 15 days, an entire 15 day period must finish for the payout of that period to be available in the following period. We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the "Link"). You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement. 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. You will be asked to submit a W8/W9 tax form. e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program. AFFILIATE AGREEMENT. It can be terminated by either Party at any time with or without cause. You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours. Use our Affiliate Agreement to establish a partnership in which one party earns commission through promotions. a) To the extent any part or subpart of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. 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. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral. We may modify the specific link or links and will notify you if we do so. 2. If we do so, you will be notified. 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. The Company may, from time to time and at any time, modify this Agreement. f) Website: The primary website we've noted above will be referred to as Website. 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. 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. 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. Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. Payouts are also subject to the following restriction: a) Payouts are only available when a threshold of the following amount is met: $________ (________). And how often will I get paid? The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers. 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