Marketing Affiliate Program Agreement
This Marketing Affiliate Program Agreement ("Agreement") is entered into on [Month Day, Year], between [Your Company Name], a company organized and existing under the laws of [Your State Address], having its principal place of business at [Company Address], hereinafter referred to as "Company," and Affiliate Co., with its principal place of business at [Complete Address], hereinafter referred to as "Affiliate."
WHEREAS, the Company has established an Affiliate Program that allows Affiliate to promote and market the Company's products and services in exchange for a commission on qualified sales and leads.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Company and the Affiliate agree as follows:
1. DEFINITIONS
1.1 Affiliate: Affiliate Co. refers to the party entering into this Agreement, who will promote the Company's products and services in accordance with the terms and conditions outlined herein.
1.2 Company: [Your Company Name] refers to the party offering the Affiliate Program, whose products and services will be promoted by the Affiliate under this Agreement.
1.3 Commission: A fee paid by the Company to the Affiliate for qualified sales and leads generated through the Affiliate's marketing efforts.
1.4 Qualified Sale: A sale of the Company's products or services that occurs when a customer, referred by the Affiliate, makes a purchase on the Company's website, and the sale is completed and payment is received by the Company.
1.5 Qualified Lead: A lead generated by the Affiliate's marketing efforts when a potential customer expresses genuine interest in the Company's products or services by providing their contact information through the Affiliate's referral link or tracking method.
2. ENROLLMENT IN THE AFFILIATE PROGRAM
2.1 Affiliate Eligibility: Affiliate agrees to provide accurate and complete information during the application process and must be approved by the Company to participate in the Affiliate Program.
2.2 Compliance with Laws: Affiliate will adhere to all applicable laws and regulations when promoting the Company's products and services and will not engage in any deceptive, misleading, or unlawful practices.
2.3 Approval: The Company reserves the right to approve or reject any Affiliate application at its sole discretion and may terminate an Affiliate's participation in the program at any time for violation of the terms and conditions outlined herein.
3. AFFILIATE RESPONSIBILITIES
3.1 Marketing: Affiliate agrees to use best efforts to promote and market the Company's products and services, in compliance with the Company's brand guidelines and marketing materials provided by the Company.
3.2 Referral Tracking: Affiliate will use the unique referral links, tracking codes, or other methods provided by the Company to track and report referrals and commissions.
3.3 Compliance: Affiliate agrees to abide by all federal, state, and local laws and regulations governing affiliate marketing and advertising.
4. COMMISSIONS
4.1 Commission Structure: The Company agrees to pay Affiliate a commission as set forth in the Commission Structure attached hereto as Exhibit A.
4.2 Payment Schedule: Commissions will be paid according to the payment schedule outlined in Exhibit A.
5. INTELLECTUAL PROPERTY
5.1 Use of Company Materials: Affiliate may use Company-provided marketing materials, including banners, images, and text, for the sole purpose of promoting the Company's products and services.
5.2 Intellectual Property Rights: Affiliate acknowledges that all intellectual property rights related to the Company's products, services, and marketing materials are owned by the Company.
6. TERM AND TERMINATION
6.1 Term: This Agreement shall commence on [Effective Date] and shall continue indefinitely until terminated by either party with written notice.
6.2 Termination: Either party may terminate this Agreement with or without cause by providing written notice to the other party.
6.3 Effects of Termination: Upon termination of this Agreement, the Affiliate will forfeit any unpaid commissions.
7. CONFIDENTIALITY
Affiliate shall not disclose any confidential information provided by the Company and will protect such information as confidential.
8. MISCELLANEOUS
8.1 Entire Agreement: This Agreement contains the entire understanding of the parties regarding its subject matter and supersedes all prior agreements or understandings, oral or written.
8.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Your State Address].
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
[Your Company Name]
By: __________________________
[Your Name]
[Your Title]
Affiliate Co.
By: __________________________
[Name]
Affiliate
EXHIBIT A – COMMISSION STRUCTURE
Commission Rates:
Payment Schedule:
Commissions will be paid on a monthly basis.
Payment will be made via bank transfer.
Minimum payout threshold: $[00].
End of Agreement
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