Affiliate Programme Agreement Template

Affiliate Programme Agreement (Sale of Goods)


Please note that this document is currently awaiting an update for the GDPR. In the meantime, new GDPR-ready standard clauses for data protection and data processing are available in our GDPR & Data Protection Group.

This Affiliate Programme Agreement for the Sale of Goods is designed for use in situations where an e-commerce website wishes to increase sales by allowing other sites to refer customers to them in return for a commission on sales generated through such referrals.

This agreement has been written so that it can be used either in combination with online terms and conditions which must be accepted by affiliates, or as a standalone agreement.

Rates of commission are provided for. By default, this template provides for two levels of commission: one for sales that can be traced directly from the affiliate’s site and the other for previously referred customers bringing repeat business. Additional levels can be easily added by inserting new sub-clauses.

Optional clauses / phrases are enclosed in square brackets. Sub-clause 10.6 contains two options, the second of which corresponds to an optional phrase in Sub-clause 10.9. Care should be taken to ensure that these two are retained or removed accordingly.

This document is not designed for sale of services transactions. Simply-docs provides both Affiliate Terms and Conditions and an Affiliate Agreement designed for the provision of services.

This Affiliate Programme Agreement for the Sale of Goods contains the following clauses:

1. Definitions and Interpretation
2. Enrolment in the Programme
3. Company / Affiliate Relationship
4. Website Links
5. Site Maintenance and Content
6. Display of Company Information
7. Customer Referral Requirements
8. Orders
9. Affiliate Sales Reporting
10. Commission and Referral Fees
11. Trade Marks
12. Intellectual Property
13. Affiliate Warranties and Indemnity
14. Disclaimers
15. Liability
16. Term and Termination
17. Confidentiality
18. Force Majeure
19. Severance
20. Notice
21. Entire Agreement
22. General
23. [Dispute Resolution (Arbitration)]
24. Law and Jurisdiction

and the following Schedule:

1. Trade Marks

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