This template is designed to provide a solid foundation for your partnership agreement while being flexible enough to accommodate unique business requirements.
Affiliate Partnership AgreementThis Affiliate Partnership Agreement (“Agreement”) is made and entered into by and between [Company Name], a [State] corporation with its principal place of business at [Company Address] (“Company”), and [Affiliate Name] with its principal place of business at [Affiliate Address] (“Affiliate”), collectively known as “Parties”, as of the date last signed below (“Effective Date”).
1. Scope of AgreementThis Agreement sets forth the terms and conditions under which Affiliate agrees to promote the products or services of the Company on Affiliate’s website, social media platforms, or other agreed upon digital platforms in exchange for a commission on sales made through their referral. Affiliate shall use its best efforts to promote the products or services and maximize the sale of the products or services.
2. CommissionAffiliate shall earn a commission of [percentage] of the gross revenue from all sales of the products or services that are made to users who click through from Affiliate’s digital platform to the Company’s website. Commissions are payable on a monthly basis, within [number] days of the end of each calendar month.
3. Reporting and PaymentThe Company shall provide Affiliate with a monthly report of the gross revenue and the calculation of the commissions payable to Affiliate. Affiliate shall invoice the Company for the commissions payable, and the Company shall pay the invoice within [number] days of receipt of the invoice.
4. ConfidentialityBoth Parties agree to maintain the confidentiality of any proprietary information received from the other party during the course of this Agreement. Proprietary information includes, but is not limited to, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code.
5. TerminationEither party may terminate this Agreement at any time, with or without cause, by giving the other party [number] days of written notice. Upon termination, Affiliate will be paid any commissions that are owed and payable to Affiliate as of the termination date but will not be eligible for commissions for any sales occurring after the termination date.
6. Representations and WarrantiesThe Parties represent and warrant that they have full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, and that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary corporate action.
7. Limitation of LiabilityNeither party shall be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not such party has been advised of the possibility thereof.
8. IndemnityAffiliate agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, shareholders, affiliates, and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses.
9. Entire AgreementThis Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties.
10. Governing LawThis Agreement shall be governed by and construed in accordance with the laws of the state of [State] without regard to its conflict of laws principles.
By their execution, the Parties indicate that they have read and understood this Agreement, and agree to be bound by its terms and conditions.
Other Useful ContractsDeveloping an Affiliate Marketing Agreement often accompanies drafting an Affiliate Partnership Agreement as both are necessary for a comprehensive and effective affiliate program. The Affiliate Marketing Agreement specifies the rights and obligations of the affiliate while promoting the company’s products or services. It provides a detailed layout of payment terms, responsibilities, and methods used for promotion.
On a related note, an Digital Marketing Services Agreement is crucial if you’re hiring a digital marketing agency or professional to enhance your online presence and boost sales. This agreement clarifies the scope of work, timelines, compensation, and expectations to avoid any misunderstanding in the future. This way, both parties can embark on their professional relationship with clear terms.
Furthermore, if your business involves selling products or services online, using an E-commerce Specialist Contract becomes vital. E-commerce specialists can help optimize your online store, improve user experience, and drive more traffic to your website. This agreement outlines the services the specialist will provide, payment details, confidentiality clauses, and more.
Lastly, another important template that might be useful when setting up an affiliate partnership is the Partnership Agreement for Collaborations. This can be used when you’re partnering with another business or individual to collaboratively promote products or services. The agreement should outline the responsibilities of each party, how profits will be shared, and how disputes will be resolved.