Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement. This Agreement covers your responsibilities as an … 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. You are an independent contractor of the Company and will remain so at all times. Examples affiliate agreement template pointers. This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. all materials and content that appear on the Affiliate Site. Each Party shall pay their own costs and fees. 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. Are they responsible for reporting certain performance metrics back to the business? 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. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss. If we do so, you will be notified. 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. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program. Add to Cart Details What's Included FAQ Refunds Reviews. It can be terminated by either Party at any time with or without cause. 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. Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. 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 Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Please read the updated terms below. In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Alabama. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart. 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. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website. 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. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout. Headings shall not affect the meaning of any provisions of this Agreement. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. 1. Choose the state where the company that is providing the affiliate program primarily does business. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. Affiliate Program Agreement This agreement is a binding, legal contract between you, the Affiliate and our business, R&D Enterprises Group, LLC, hereinafter referred to as the Company. This Affiliate Program Agreement Template allows the recipient (your client or customer) to commercially print the files included as part of their purchase of your goods or services. 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"). You agree that the Company has the right to modify this Agreement or revise anything contained herein. (1) Ava Trade Limited, being a company incorporated and existing under the laws of the British Virgin Islands, (“Company” or “AvaTrade”), and regulated by the British Virgin Islands Financial Services Commission (“VIFS ”), DIY Affiliate Contract Agreement Template — One (1) downloadable, editable .docx file containing a detailed affiliate agreement template with fill-in-the-blanks to make your own. We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner. We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Leave a Reply. We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the "Link"). THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": _____. 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. We may modify the specific link or links and will notify you if we do so. Utilize the power of the internet to increase your network and protect your business from misuse or abuse using this Affiliate Program 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. Create Your Affiliate Agreement in Minutes! Therefore, it’s important to run the numbers and make a deal that is beneficial and sustainable for both parties. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. You shall operate and maintain the Affiliate Site in accordance with all applicable laws, rules and regulations. Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. For any questions or concerns, please email us at the following address: ________. Leads may also be included in the agreement, for example, if the affiliate refers e-mail addresses to the company they may be able to receive compensation. THIS AGREEMENT(“Agreement”) is made by and between: PARTIES. The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers. Similarly, is the business itself responsible to provide the affiliates … 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. AFFILIATE AGREEMENT. DISCLAIMER Nothing on this site shall be considered legal advice and no attorney-client relationship is established. The Company does not accept responsibility for the security of your account or content. We will review each dispute notification as well as the underlying payout transaction to which it is related. d) Are not clicks sent by a bot or other automated web program. I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. Please note that throughout this Agreement, "we," "us," and "our" refer to Merchant.com, and "you," "your," and "yours" refer to the affiliate. To begin with this, affiliates or publishers place AD in their websites along with their unique content, such as blog, video or templates. 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. For example, is the affiliate responsible for maintaining a certain level of brand consistency and how they write about or present the business? Qualified Clicks: a) Are clicks arriving to our website or websites through properly formatted links on the Affiliate Site; b) Are clicks arriving to our website or websites through the Affiliate's specifically approved sites only (no other websites or social media pages); c) Are clicks arriving to our website which relate to one specific user; and. 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. 2. You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. 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. d) Affiliate Program: The program we've set up for our affiliates as described in this Agreement. The Owners hall pay the Affiliate a commission on any Paid Order made by the Affiliate Customers that the Affiliate refers to the Owner through the Affiliate Link during the term of this agreement. " 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. … We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement. It can be used to drive massive referral traffic to your business. Quickly Customize. In such condition, the remainder of this Agreement shall continue in full force. 15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE. 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. Affiliate Agreement Note: This document does not reflect or constitute legal advice. In it, you assure your affiliates of your good intentions, explain the purpose of the agreement, and invite them to contact you if they have any question. Payouts are also subject to the following restriction: a) Payouts are only available when a threshold of the following amount is met: $________ (________). This Affiliate Agreement is for use by a company (Affiliate Operating Site) that wishes to generate revenue by setting up an affiliate program for a specific third party site to refer customers to the Affiliate Operating Site to purchase products and services. 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. b) You, the Affiliate: You will be referred to as the "Affiliate." We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. Affiliate marketing template Slide 3 How does affiliate marketing work? This agreement imposes no restrictions on us to work with any individual or company we may choose. Affiliation Agreement Page 2 of 12 WHEREAS, it is, therefore, prudent and beneficial for the University and this Affiliate to document clearly their relationship and their respective responsibilities and authority. Generally, affiliates will promote goods and/or services owned by the website owner.LEARN MORE THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": ________. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. As described above, in order to be eligible for payout, user clicks must be "Qualified Clicks." This agreement governs participation in the Brian Tracy Affiliate Partnership Program only. You may be obligated to pay monetary damages or legal fees and costs. You are required to post a conspicuous notice on your website regarding the Affiliate Program. 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. Use our Affiliate Agreement to establish a partnership in which one party earns commission through promotions. We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services; b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. You will be asked to submit a W8/W9 tax form. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party.". Congratulations on your new affiliate program! Our primary website is located at the address listed above. The agreement is a contract between the two parties. At the end, you will immediately receive the document in Word and PDF formats for free. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. This will likely be where the company is organized or incorporated. What is the commission percentage/referral fee? 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. 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. Chinese New Year Ox 2021. You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. The Link will be keyed to your identity and will send online users to the Company's website or websites. 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. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. Easily Editable & Printable. 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. The Affiliate or Referral Program Agreement will help answer those questions and more, like: Will you provide me with affiliate collateral I can use to drive sales? Use of this site is subject to our Terms of Use. Have affiliate websites link to your own to increase your reach and connectivity. You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP"). It is basically the introduction to your agreement. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. The fee paid to the affiliate is commonly a percentage (%) of the total sale or a flat fee per transaction. You are free to work with similar affiliate program providers in any category. Copyright 2021 Legal Templates LLC. 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). And how often will I get paid? f) Website: The primary website we've noted above will be referred to as Website. The Affiliate Application may be found at the following website: ________. The arbitration shall be conducted in the following county: ________. Payouts will be available the month or period after they accrue. 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. 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. You agree that your participation in the Affiliate Program is at your own risk. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If your Affiliate Application is rejected, you may not reapply. Page 1of 22. Or can I use something I create? 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. Affiliate Agreement TemplateProtect your website, business, and products with our attorney-drafted affiliate agreement. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc. Instantly Download Website Affiliate Agreement Template, Sample & Example in Microsoft Word (DOC), Google Docs, Apple (MAC) Pages Format. Affiliate Agreement Contract Template. This price winning Affiliate Agreement template gives you everything you need to comply with the law, protect yourself from lawsuits and protect your online business legally, so you can have peace of mind at the end of the day knowing your hard work and creation is protected! 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. This affiliate program agreement protects you and your affiliate program from legal issues and gives you all the protection you need to run your program smoothly and legally. Click here to get your Affiliate Agreement Template and start protecting your affiliate program today! 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. Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. Each time a user clicks through the Link posted on the Affiliate Site and we determine it is a Qualified Click, as described below, you will be eligible to receive the following specific amount: $________ (________). If you have any questions or remarks, feel free to post them below. 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. Use the form on the left to fill in the template. It’s easy AND affordable to do so with this Affiliate Agreement Template. Download this Affiliate Program Agreement template if you want to start or participate in an Affiliate Program and save yourself time and effort. Our primary website is located at the address listed above. 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. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. We explicitly reserve the right to change payout information in our sole and exclusive discretion. The Company assumes no responsibility or liability for any misrepresentation of your age. 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. Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. Affiliate agreement template should also include an outline of the initial and ongoing responsibilities of the affiliate and the business. The blurry words become clear when the document is downloaded. 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. Home Legal Documents Affiliate Agreement. Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. A typical affiliate agreement is structured to provide compensation to the affiliate in one – or both – of the following ways: The payment structure you choose will depend on the amounts to be paid by the company to the affiliate. The Company has developed an affiliate marketing program (the "Program") for the websites located at www.erasemybackpain.com, www.backtolifesystem.com, www.backpainstretch.com, www.healthybacksystem.com, … A typical affiliate contract would involve a website operator placing links on his or her website to an ecommerce website, and receiving commission on sales. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. 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. Currently, the Company employs the following methods of payout: For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible. You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral. Get a ready for use document that you can tailor fit to the needs of your business. Do I have to let my audience know that I’ll receive commission for any sales completed through my affiliate link? If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below. 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. For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. In less than 10 minutes, your attorney-prepared and peer-reviewed agreement can be in the hands of your clients. The term of this Agreement will begin when we accept you into the Affiliate Program. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. 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. 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. Disputes filed after thirty days of payout will not be addressed. 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. You can then open the Word document to modify it and reuse it however you wish. The purpose of this Agreement is to allow HTML linking between your web site and the Merchant.com web site. 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