Affiliate Programme Agreement Template

Affiliate Programme Agreement (Sale of Services)


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 Services is designed for use in situations where an e-commerce website providing services wishes to increase revenue by allowing other sites to refer customers to them in return for a commission on sales of services 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 e-commerce agreement provides for three levels of commission: one for sales that can be traced directly from the affiliate’s site, another for renewals of service provision, and the third 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 11.6 contains two options, the second of which corresponds to an optional phrase in Sub-clause 11.9. Care should be taken to ensure that these two are retained or removed accordingly.

This template is not designed for sale of goods transactions. Simply-docs provides both Affiliate Terms and Conditions and an Affiliate Agreement designed for sale of goods.

This Affiliate Programme Agreement for the Sale of Services 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. Service Packages
8. Customer Referral Requirements
9. Orders
10. Affiliate Sales Reporting
11. Commission and Referral Fees
12. Trade Marks
13. Intellectual Property
14. Affiliate Warranties and Indemnity
15. Disclaimers
16. Liability
17. Term and Termination
18. Confidentiality
19. Force Majeure
20. Severance
21. Notice
22. Entire Agreement
23. General
24. [Dispute Resolution (Arbitration)]
25. Law and Jurisdiction

and the following Schedules:

1. Trade Marks
2. Service Packages

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