Affiliate Agreement Template

AFFILIATE PROGRAM AGREEMENT This Affiliate Program Agreement ("Agreement") is entered into as of [DATE] ("Effective Date") by and between [COMPANY NAME], a company located at [COMPANY ADDRESS] ("Company"), and the affiliate who accepts this Agreement ("Affiliate"). 1. AFFILIATE PROGRAM 1.1. The Company operates an affiliate program (the "Program") that allows Affiliates to refer customers to the Company's products and services in exchange for commissions. 1.2. By participating in the Program, Affiliate agrees to be bound by the terms and conditions set forth in this Agreement. 2. AFFILIATE OBLIGATIONS 2.1. Affiliate agrees to: (a) Promote the Company's products and services in a professional and ethical manner; (b) Comply with all applicable laws, regulations, and industry standards; (c) Not engage in any fraudulent, misleading, or deceptive practices; (d) Not use spam, unsolicited emails, or other prohibited marketing methods; (e) Not bid on or use Company's trademarked terms in paid search advertising without prior written consent; (f) Maintain the confidentiality of any proprietary information provided by Company. 2.2. Affiliate is responsible for ensuring that all promotional materials comply with applicable advertising standards and regulations. 3. COMMISSIONS 3.1. Company will pay Affiliate a commission of [COMMISSION RATE] on Qualifying Sales (as defined below). 3.2. A "Qualifying Sale" means a sale that: (a) Is made through Affiliate's unique tracking link or referral code; (b) Is completed by a new customer who has not previously purchased from Company; (c) Is not refunded or charged back within the refund period; (d) Complies with all terms and conditions of the sale. 3.3. Commissions will be calculated based on the net revenue received by Company, excluding taxes, shipping, discounts, refunds, and chargebacks. 3.4. Company reserves the right to modify commission rates with 30 days' written notice to Affiliate. 4. PAYMENT TERMS 4.1. Commissions will be paid [PAYMENT TERMS] after the end of each calendar month, provided that the minimum payout threshold of $[MINIMUM AMOUNT] has been reached. 4.2. Payments will be made via [PAYMENT METHOD] to the account information provided by Affiliate. 4.3. Affiliate is responsible for providing accurate payment information and for any fees associated with payment processing. 4.4. Company reserves the right to withhold payments if Affiliate is in breach of this Agreement or if there are pending chargebacks or refunds. 5. INTELLECTUAL PROPERTY 5.1. Company grants Affiliate a limited, non-exclusive, non-transferable license to use Company's trademarks, logos, and promotional materials solely for the purpose of promoting the Program. 5.2. Affiliate acknowledges that Company owns all rights, title, and interest in its intellectual property. 5.3. Affiliate may not modify Company's trademarks, logos, or promotional materials without prior written consent. 6. TERM AND TERMINATION 6.1. This Agreement shall commence on the Effective Date and continue until terminated by either party. 6.2. Either party may terminate this Agreement at any time, with or without cause, by providing 30 days' written notice to the other party. 6.3. Company may terminate this Agreement immediately if Affiliate breaches any material term of this Agreement. 6.4. Upon termination, Affiliate's right to earn commissions will cease, except for commissions earned prior to the termination date. 7. LIMITATION OF LIABILITY 7.1. Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement. 7.2. Company's total liability under this Agreement shall not exceed the total commissions paid to Affiliate in the 12 months preceding the claim. 8. INDEMNIFICATION 8.1. Affiliate agrees to indemnify and hold harmless Company from any claims, damages, losses, or expenses arising out of Affiliate's breach of this Agreement or violation of any law or regulation. 9. CONFIDENTIALITY 9.1. Affiliate agrees to maintain the confidentiality of any proprietary or confidential information disclosed by Company. 9.2. This obligation shall survive the termination of this Agreement. 10. GENERAL PROVISIONS 10.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. 10.2. This Agreement may not be modified except in writing signed by both parties. 10.3. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. 10.4. This Agreement shall be governed by the laws of [JURISDICTION]. 10.5. Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of [ARBITRATION BODY]. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. COMPANY: AFFILIATE: _________________________ _________________________ [Company Name] [Affiliate Name] By: _________________________ By: _________________________ [Authorized Signatory] [Affiliate Name] Date: _________________________ Date: _________________________