Affiliate Agreement Template
Affiliate programs are great ways for a business to promote its products and services. An affiliate is a person or other business that promotes your business or products and sells them on the back of that promotion. In exchange, the affiliate is paid a commission or receives another benefit from your business. But in Australia there are requirements around advertising and under the Australian Consumer Law that need to be met, this means an affiliate agreement is crucial.
Affiliate programs are great ways for a business to promote its products and services. An affiliate is a person or other business that promotes your business or products and sells them on the back of that promotion. In exchange, the affiliate is paid a commission or receives another benefit from your business. But in Australia there are requirements around advertising and under the Australian Consumer Law that need to be met, this means an affiliate agreement is crucial.
Affiliate programs are great ways for a business to promote its products and services. An affiliate is a person or other business that promotes your business or products and sells them on the back of that promotion. In exchange, the affiliate is paid a commission or receives another benefit from your business. But in Australia there are requirements around advertising and under the Australian Consumer Law that need to be met, this means an affiliate agreement is crucial.
About the Affiliate Agreement Template
The Affiliate Agreement Template is a template agreement set out as terms and conditions to be used between two parties who are entering into an affiliate agreement. It is between a business and their affiliate.
The affiliate enters into a contract with the business for a commission or some other benefit payable to them in return for promoting and selling products (and perhaps also services) of the business.
The business usually provides the affiliate with a website tracking code they can use (if the business uses affiliate tracking software) or a unique code if the affiliate program is manual.
Instructions for use
· Complete the items in red text to customise it, including the business name at the start of the terms and conditions and the affiliate fee at clause 2(a). Further, any excluded items or services from the affiliate arrangement should be added at clause 1.2(d)(1);
· It is designed for you to add to a web form with the affiliate to enter their details on the for and then accept the terms and conditions which you would add as a hyperlink and house on the back of your website on page;
· This template is drafted to:
o allow the Business to add a percentage of commission payable to the affiliate (add this at clause 2(a));
o requires monthly reporting by the Business to the Affiliate if any sales are reported (no reporting is required if no sales are made);
o requires the Affiliate to send the Business a tax invoice for their commission within 60 days after the monthly reporting takes place; and
o requires the Business to pay the Affiliates tax invoice within 30 days of receiving it.
· Does not contain exclusivity provisions – eg an affiliate can still be an affiliate for a competing business. If exclusivity is required, we suggest you obtain legal advice and have a lawyer draft those provisions.
· is a general template drafted for Australian laws and does not incorporate any specific arrangements.
What does the affiliate agreement template include?
The affiliate agreement template includes:
party details
an introduction to the affiliate program
a clause stating it is continues until terminated by either party (the business or the affiliate)
the process that is used, noting it can be used with a software affiliate program or a manual affiliate program using unique codes issues by the busienss;
a place for the business to add the affiliate fee
reporting requirements - monthly reporting by the business to affiliate when there are sales
invoicing requirements for the affiliate
payment requirements for the business
no exclusivity clause (eg the affiliate can deal with other businesses and the business can have other affiliates)
what happens when there is a conflict of interest
how the agreement can be ended, noting either party can end it with 5 days notice
what happens after the agreement is ended
confidentiality and privacy clauses;
protection of any intellectual property the business gives the affiliate to promote the affilaite program; and
general legal clauses around notice and governing law.
Disclaimer
Ready to Boss Legal is a legal publisher. We are not a law firm and you acknowledge that by purchasing, downloading and customising this template, Ready to Boss Legal is not acting as your lawyer or providing you with legal advice.
This template is legal information only and should not substitute for or constitute professional legal advice. We recommend you consult with a lawyer for legal advice, noting Ready to Boss Legal is a legal publisher and not a law firm.
All copyright in this document belongs exclusively to Ready to Boss Legal. We grant you a one use non-exclusive, royalty-free, revocable license to use this document for the purposes of using it in your business or for personal use. However, this document may not be copied, given to a third party, re-sold, reproduced, transmitted electronically or otherwise used in any way in whole or in part for the purpose of commercial gain by you for any purpose that may amount to competition with Ready to Boss Legal.
