Affiliate Programme Terms and Conditions Template

Affiliate Programme Terms and Conditions (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 set of Affiliate Programme Terms and Conditions 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.

These terms and conditions mirror the Affiliate Agreement, also available from Simply-docs, and are intended for publication on a website for the viewing of potential affiliates. These terms and conditions are designed to be used as part of the procedure for enrolling in an affiliate programme and for functioning as an affiliate. This document is written with online acceptance in mind.

Rates of commission are provided for. By default, the terms and conditions and the related agreement provide 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.

These Affiliate Programme Terms and Conditions for the Sale of Services contain 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

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