This affiliate purchase agreement template has 7 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our affiliate purchase agreement template:
AFFILIATE PURCHASE AGREEMENT This Affiliate Purchase Agreement (the "Agreement") is effective [DATE], BETWEEN: [COMPANY] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE] with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the "Affiliate "), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS the Company wishes to establish a customer oriented sales, service network of Affiliates WHEREAS the Affiliate shall market the products and services of the Company to various customers and accordingly receive commission whenever the referred customer of the Affiliate purchases the products and services of the Company; WHEREAS the Parties wish to evidence their contract in writing; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DEFINITIONS "Customer" means one who buys goods and/or services. "Affiliate" means any legal entity, or an individual approved to participate in Company's Affiliate Program. "Confidentiality" means, any and all confidential business information concerning either part that is disclosed to the other party in connection with this Agreement, including all confidential information disclosed to Affiliate and including the terms of this Agreement. PURPOSE AND FORMATION OF AFFILIATE PURCHASE AGREEMENT The purpose of this agreement is to establish a non-exclusive relationship between the Company and Affiliate where the Affiliate shall promote certain goods and services of the Company to the customers and the Affiliate shall receive commission whenever a sale of the products or services of the Company is made through the Affiliate link. PROMOTION OF AFFILIATE RELATIONSHIP Affiliate's participation in the Affiliate Program allows the Company to make a variety of graphic and textual links available to Affiliate. The Links will serve to identify Affiliate's website as a member of the Affiliate Program and will establish a link from its website or e-mail to Company's website. Unless expressly permitted by Company the Links are to be used on its website and it shall not distribute the Links to third parties to be posted on websites that it does not own. The Affiliate agrees to cooperate fully with Company to establish and maintain such Links. Affiliate further agrees that its use of the Links must be in compliance with this Agreement at all times. DATA SECURITY 4.1 Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the "GDPR"). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, considering the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Company in complying with any data subject rights request under the GDPR that Company may receive from any individuals referred to Company by Affiliate. Affiliate further agrees to promptly assist Company in complying with any duties to cooperate with supervisory authorities under the GDPR. COMMISSIONS 5.1 The Affiliate shall be entitled to a commission of [COMMISSION PERCENTAGE] % for each Qualified Purchase by the Customer referred by the Affiliate. The Company shall pay the commission of the Affiliate at the end of each month for the qualified Purchases for that month. TERM, TERMINATION AND BREACH OF THIS AGREEMENT This agreement, shall expire [NUMER OF YEARS] years from the date of this agreement with year-to-year options thereafter unless terminated earlier by one of the following events: Written agreement by the Parties to terminate this agreement, or If any team member petitions for bankruptcy or reorganization under bankruptcy laws, or makes an assignment of the benefit of creditors, or The Government's debarment or suspension of any team member which would preclude any team member's participation in contracts with the Government, or By written notification by either party. If any Party breaches or defaults any of the provisions of this Agreement, the other Parties may provide written notice of such breach in accordance with the NOTICES provision of this agreement. If said Party does not cure its performance within 15 days from the date it receives notice, then any time after the expiration of such cure period, the non-breaching Party may give written notice to the other(s) of its election to terminate this Agreement. Should there be any dispute arising under or related to this Agreement, such dispute may be resolved as provided under provisions of the Alternate Disputes Resolution process as defined by this Agreement. In the event that this Agreement is terminated, any contracts or subcontracts resulting from efforts under this Agreement shall remain in effect, subject to the terms and conditions therein. OWNERSHIP OF TECHNOLOGY/RIGHTS IN INVENTION PATENTS, COPYRIGHTS AND TRADE SECRETS AND OTHER INTELLECTUAL PROPERTY A Party shall own rights to any technology it independently develops or has already developed. Each Party shall mark all independently owned proprietary materials with designation of "proprietary" prior to the release to either Party. CONFIDENTIALITY AND NON-DISCLOSURE Non-Disclosure 8.1.1 Without the other Parties' prior, written consent, no Party shall directly or indirectly, disclose, make available, or communicate to anyone or any entity, other than its own employees, agents, and representatives, all or any part of any proprietary information shared by the other Party with it during the course of this Agreement, except as may be required by court order or overriding federal law. Each Party acknowledges and agrees, that the other Parties have valuable, proprietary rights in their information and agrees to keep the other Parties' information strictly confidential and only disclose it to those of its employees, agents, or representatives who have a need to know. Before disclosure, each Party shall advise any such employees, agent, or representative to whom such disclosure is made of this Agreement and require any such employee, agent, or representative to agree to abide by the terms of this Agreement and keep all disclosed information confidential. This covenant of confidentiality and non-disclosure shall apply to written materials and information, and to information imparted verbally. Return of Written Materials 8.2.1 The Parties acknowledge that any such information will be shared for the sole purpose of determining if there is a basis for agreement between the Parties. Neither Party is hereby granting the other any right or license with respect to any shared information. If the Parties fail to reach agreement, each Party shall return to the other any written materials or information given to it (and copies made by it) or affix in writing that such materials or information has been destroyed. If agreement is not reached, any Party shall not use in any way for its benefit or any other person's or entity's benefit any such information or materials shared with it without the other Parties' written consent. Term 8.3.1 The non-disclosure terms to this Agreement shall be in effect for a period of five years from its date of execution with year-to-year options, if exercised, or three years from termination of this Affiliate Purchase agreement, whichever is longer. WARRANTIES Each of the Parties agrees to perform their responsibilities under this Agreement and any contract resulting from Business Initiatives consistent with good commercial practices
