Affiliate Agreements 

Use affiliate agreements to document an affiliate program between
your website and a third-party website.

Overview.

Affiliate agreements are a binding agreement between a website or blog owner and their affiliates. Your affiliate agreement should specify what both parties are responsible for, how payouts will work, and the commission for conversions, if any. Generally, affiliates will promote goods and/or services owned by the website owner in exchange for a commission on sales arising from visitors who found the e-commerce site through the affiliate. There are also website affiliate programs based on “pay per click” basis. It’s important to put affiliate agreements into writing.

Doing so minimizes the risk of getting defrauded, sued, or even investigated by the government because of affiliate marketing misconduct. Also, an affiliate agreement can help you protect your company’s good name by setting boundaries on the type of marketing that can be done by your affiliates. It’s smart to retain an attorney to draft or review your agreement; after all, an affiliate has the potential to make or break your Internet reputation.

Benefits of legal advice.

Learn how other websites do it 

The business attorneys at LawTrades have plenty of experience with affiliate agreements and will be able to educate you on the common ways to structure the agreement.

Protect your company's reputation 

A business lawyer can point out the risky terms in the affiliate agreements that could cause your business problems.

You have an attorney to turn to 

There’s a good chance you’re going to like your attorney from LawTrades and want to keep using him / her. By setting up that relationship for an affiliate agreement, you’ll have a legal expert available for future projects.

FAQ.

Can I use an affiliate agreement template that I found online?

You could, but it won’t be as complete and protective that it should be. The problem with templates is that they are standardized and often leave out important details specific to your company and affiliate. Any question of “leaving things out” are silenced when you have an attorney draft your agreements.

What terms / provisions are found in an affiliate agreement?

An affiliate agreement will usually include the names of the parties, the date of signing, the promotional materials to be used and the specific way they will be displayed; the trigger giving rise to the commission; the calculation of the commission; the payment procedure; intellectual property (IP) licensing; and any representations, warranties, and/or indemnifications.

Does an affiliate agreement have to be in writing?

No, but it’s silly not to document your agreement. Like most contracts, it’s so important to put the terms for an affiliate agreement into writing because there’s always a chance that the parties will disagree on the terms at a later point.
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