This affiliate marketing agreement template has 10 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our affiliate marketing agreement template:
AFFILIATE MARKETING AGREEMENT This Affiliate Marketing Agreement (the "Agreement") is made and effective the [Date] BETWEEN: [YOUR COMPANY NAME] (the "Owner"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECIPIENT NAME] (the "Recipient"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows: RECITALS The name of this affiliate marketing agreement is the [insert name] Affiliate Marketing Program (the "Affiliate Program"). The Recipient represents and warrants to the Owner that the Recipient has read and understand the Privacy Policies and agree to the terms set forth therein. For purposes of this Agreement, the term "the Recipient" refers to the individual or legal entity who applies for and is accepted into the Affiliate Marketing Program. The term "the Owner" refers to the sponsor of the Affiliate Marketing Program. The term "the Owner's website" refers to the website that the Owner maintains at [address]. The term "the Recipient's website" refers to the website on which the Recipient agrees to place a link or ad to the Owner's website as specified in the Exhibit B hereof. "Merchandise" means all products, merchandise and stock that is offered by the Owner for sale through its website. AFFILIATE MARKETING REGISTRATION To register for the Affiliate Marketing Program, the Recipient must apply and submit to the Owner an Affiliate Marketing Application. The Affiliate Marketing Application can be submitted to the Owner through the form of email or through the contact form on the website. APPROVAL OR REJECTION OF AFFILIATE MARKETING APPLICATION The Owner reserves the right to approve or reject ANY Affiliate Marketing Application in its sole and absolute discretion. The Recipient will have no legal recourse against the Owner for the rejection of the Recipient Affiliate Marketing Application. REASONS FOR REJECTION Without limiting the right to reject any application for any reason whatsoever in the Owner's absolute discretion, the Recipient application will be rejected if it is non complete, if the Recipient's website contains images or content that is not acceptable to Owner or is inconsistent with the image that the Owner wishes to create in association with its website, or if the Recipient's website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if the Recipient's site contains any material that appears to Owner to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party. TERMINATION AFTER ACCEPTANCE Even after the Owner has accepted the Recipient as an Affiliate Marketing member, the Owner reserves the absolute right to rescind or terminate the Recipient affiliate status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above. FINANCIAL RESPONSIBILITIES The Recipient will be fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, including but not limited to all costs associated with the creations, hosting, modification, and improvements to the Recipient's website, costs of search engine placement and other Internet marketing, costs of inserting the Owner's links into its website, offline marketing costs, postage costs, and all other costs and expenses, and the Recipient hereby holds the Owner harmless from or against the same. NO REPRESENTATIONS REGARDING INCOME POTENTIAL The Owner makes no representations and warranties regarding potential income that may result from participation in this Affiliate Marketing Program and specifically disclaims any and all warranties relative to earning potential from the Recipient affiliate status. RESPONSIBILITY TO LINK TO THE OWNER'S SITE As a Marketing Affiliate, the Recipient will have the obligations to place links on its site directing users to the Owner's site. The Owner will make available to the Recipient button links, text links, and banner advertisements to be placed on the Recipient's website which will direct users to Owner's website via hypertext link. As a Marketing Affiliate, the Recipient is given a limited term license, during the term of the Recipient active participation as a Marketing Affiliate, to utilize the Owner's logo images provided to the Recipient on the website that the Recipient designates in the Recipient Affiliate Marketing Application. The Owner makes available to its Affiliates, links, banners, and other information advertising its site to be used subject to the terms of this Agreement. These materials will contain its trademarks and other proprietary property. The Recipient may display these materials on the Recipient's website for the purpose of promoting the Owner's site and participating in this Affiliate Marketing Program. If the Recipient discontinues Affiliate Marketing or if the Recipient participation is terminated for any reason, the Recipient will immediately cease using these materials and will delete all such materials from its website and from its computer. The Recipient must obtain the Owner approval of all links to the Owner's site that the Recipient place on its website. The Recipient will cooperate with the Owner in the establishment and placement of links on the Recipient's website. The Recipient will only be permitted to use the links that the Owner provided to the Recipient on the website that the Recipient designate in the Affiliate Marketing Application. Any additional websites or entities will require additional submissions of Affiliate Marketing Applications and approval by the Owner. The Recipient will not modify the links or other materials that the Owner provided to the Recipient or the placement of the links on the Recipient's page. The Recipient consent to the Owner monitoring the Recipient's website to determine continued compliance with this Agreement. The Recipient consent to the Owner including information relative to traffic from the Recipient's site in the Owner reports. This information may be provided to outside parties. You may not place links to the Owner's website or website content in newsgroups, message boards, unsolicited email and other types of spam, banner networks, counters, chat rooms, guest books, IRC channels or through similar Internet resources. ANTI-SPAM POLICY The Owner strictly forbid the use of unsolicited commercial email (UCE) or SPAM campaigns. The Owner maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate (Recipient) or similar agent acting on the Recipient's behalf. As such, the Owner reserves the right to terminate any violating Recipient's account or any part thereof, without notice or compensation. Any Recipient's found to be involved in a SPAM/UCE campaign, including flooding newsgroups, distributing messages to recipients that do not want the information or any other abuse contravening UCE legislation will be met as follows: The Recipient's account will be closed immediately, without burden of notice or compensation. A US$500.00 administration fee will be incurred against the offending Recipient. Our Privacy Policy becomes forfeit, and all pertinent information will be provided to any investigating authorities or anti-Spam organizations.
