About the Template. It’s easy AND affordable to do so with this Affiliate Agreement Template. You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours. As described above, in order to be eligible for payout, user clicks must be "Qualified Clicks." Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects. I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. The Company will provide the Affiliate with graphic and … This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss. THIS AGREEMENT(“Agreement”) is made by and between: PARTIES. The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers. We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner. (1) Ava Trade Limited, being a company incorporated and existing under the laws of the British Virgin Islands, (“Company” or “AvaTrade”), and regulated by the British Virgin Islands Financial Services Commission (“VIFS ”), Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. The Company may, from time to time and at any time, modify this Agreement. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. NOTICE: On September 24, 2020, we revised Section 3A of the Affiliate Agreement to clarify our policy about distributing Affiliate Links to third parties. This is a sample made available by the Organizations and Transactions Clinic at Stanford Law School on the basis set out at nonprofitdocuments.law.stanford.edu. You hereby provide us a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise our Affiliate Program. The agreement is a contract between the two parties. B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that Alabama shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. Home Legal Documents Affiliate Agreement. If we do so, you will be notified. AFFILIATE AGREEMENT. The grayed-out words become clear when the document is downloaded. Generally, affiliates will promote goods and/or services owned by the website owner.LEARN MORE The Affiliate, desiring to enter the Company affiliation program, agrees to abide by the terms and restrictions imposed by the Company, which may be updated or changed at any time via {notification}. Get a ready for use document that you can tailor fit to the needs of your business. You are an independent contractor of the Company and will remain so at all times. You agree that your participation in the Affiliate Program is at your own risk. After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment). THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": _____. You may only earn payouts as long as you are an Affiliate in good standing during the term. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. Legal Templates cannot and does not provide legal advice or legal representation. This Affiliate Program Agreement Template allows the recipient (your client or customer) to commercially print the files included as part of their purchase of your goods or services. You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. This Affiliate Agreement is for use by a company (Affiliate Operating Site) that wishes to generate revenue by setting up an affiliate program for a specific third party site to refer customers to the Affiliate Operating Site to purchase products and services. It is basically the introduction to your agreement. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party.". The Company does not accept responsibility for the security of your account or content. Affiliate Agreement Contract Template. A typical affiliate contract would involve a website operator placing links on his or her website to an ecommerce website, and receiving commission on sales. Create Your Affiliate Agreement in Minutes! Download this Affiliate Program Agreement template if you want to start or participate in an Affiliate Program and save yourself time and effort. By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. Each time a user clicks through the Link posted on the Affiliate Site and we determine it is a Qualified Click, as described below, you will be eligible to receive the following specific amount: $________ (________). Choose the state where the company that is providing the affiliate program primarily does business. Affiliate marketing template Slide 3 How does affiliate marketing work? Paid Order " means an order for which the Owner has received and processed payment, less the cost of returns and charge backs the Owner incurs on any of the Affiliate's referred customer orders. Exactly How to Make Profitable Facebook Ads Basic Affiliate Agreement Template. Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. NOW, THEREFORE, recognizing the importance of an agreement between the parties on acceptable standards and procedures for the accounting and auditing of accounts of the A web affiliate agreement is a legal document under which a website operator will (directly or indirectly) pay commission or a fee to another person, in respect of users referred by that other person. We may modify the specific link or links and will notify you if we do so. An affiliate agreement is a marketing or referral program where the affiliate receives payments from the merchant company running the scheme if web users visit a website, register with a website, make a purchase with a website, or takes some other action (eg Amazon affiliate program). Our primary website is located at the address listed above. You will be asked to submit a W8/W9 tax form. If your Affiliate Application is rejected, you may not reapply. A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. The purpose of this Agreement is to allow HTML linking between your web site and the Merchant.com web site. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Affiliation Agreement Page 2 of 12 WHEREAS, it is, therefore, prudent and beneficial for the University and this Affiliate to document clearly their relationship and their respective responsibilities and authority. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes. Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors. 2. Payouts are also subject to the following restriction: a) Payouts are only available when a threshold of the following amount is met: $________ (________). This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Merchant.com's Affiliate Program. Easily Editable & Printable. You may be obligated to pay monetary damages or legal fees and costs. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. You are required to post a conspicuous notice on your website regarding the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement. We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us. Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. In it, you assure your affiliates of your good intentions, explain the purpose of the agreement, and invite them to contact you if they have any question. Chinese New Year Ox 2021. In such condition, the remainder of this Agreement shall continue in full force. Affiliate Agreement TemplateProtect your website, business, and products with our attorney-drafted affiliate agreement. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below. Examples affiliate agreement template pointers. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: ________, Alabama. We explicitly reserve the right to change payout information in our sole and exclusive discretion. We will review each dispute notification as well as the underlying payout transaction to which it is related. You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights. Available in A4 & US Letter Sizes. a) To the extent any part or subpart of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. Or can I use something I create? You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. At the end, you will immediately receive the document in Word and PDF formats for free. Payouts will be available the month or period after they accrue. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. E) SEVERABILITY: If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. Affiliate agreement template should also include an outline of the initial and ongoing responsibilities of the affiliate and the business. The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc. Consider the following factors when deciding how to outline compensation in your affiliate agreement: There are no hard and fast rules when it comes to drafting an affiliate agreement. Leave a Reply. The Affiliate Program is administered through our Company pursuant to the policies at our Company Web site, as well as this agreement. If you have any questions or remarks, feel free to post them below. b) You, the Affiliate: You will be referred to as the "Affiliate." Headings shall not affect the meaning of any provisions of this Agreement. Your use of this document does not create an attorney-client relationship with the Clinic or any of its lawyers or students. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The fee paid to the affiliate is commonly a percentage (%) of the total sale or a flat fee per transaction. What is the commission percentage/referral fee? If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. This affiliate program agreement protects you and your affiliate program from legal issues and gives you all the protection you need to run your program smoothly and legally. The agreement is ready for immediate download after ordering.An affiliate agreement is a binding agreement between a website or blog owner and their affiliates. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. This will likely be where the company is organized or incorporated. d) Are not clicks sent by a bot or other automated web program. And how often will I get paid? In less than 10 minutes, your attorney-prepared and peer-reviewed agreement can be in the hands of your clients. f) Website: The primary website we've noted above will be referred to as Website. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. You are free to work with similar affiliate program providers in any category. $455.00. The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. This Agreement covers your responsibilities as an … A referral fee agreement is between an affiliate that “refers” sales or services to a company in exchange for compensation. You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": ________. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. This affiliate marketing agreement is between Lark Wellness LLC (the "Company"), and you, the individual or entity signing up to become an affiliate (the "Affiliate").. Use the form on the left to fill in the template. Affiliate Program Agreement This agreement is a binding, legal contract between you, the Affiliate and our business, R&D Enterprises Group, LLC, hereinafter referred to as the Company. Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Quickly Customize. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. Leads may also be included in the agreement, for example, if the affiliate refers e-mail addresses to the company they may be able to receive compensation. Add to Cart Details What's Included FAQ Refunds Reviews. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime. It’s easy enough for people to claim, “just run some ads and spend lots of money.” If you just toss some cheap words into an ad and pump cash into it, you might as well have disposed that money right into a slot machine. Such regulations include, but are not limited to, any applicable laws in the United States or the General Data Protection Regulation of the European Union. Use our Affiliate Agreement to establish a partnership in which one party earns commission through promotions. Use of this site is subject to our Terms of Use. This Agreement does not create an exclusive relationship between you and us. For example, if payouts are made every 15 days, an entire 15 day period must finish for the payout of that period to be available in the following period. For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. Similarly, is the business itself responsible to provide the affiliates … G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination. … The Affiliate will display these Materials on his website according to the rules and regulations of the owner. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program. The Link will be keyed to your identity and will send online users to the Company's website or websites. This price winning Affiliate Agreement template gives you everything you need to comply with the law, protect yourself from lawsuits and protect your online business legally, so you can have peace of mind at the end of the day knowing your hard work and creation is protected! It can be terminated by either Party at any time with or without cause. If you do not hear from us within a reasonable time frame, please consider your application rejected. Cease and Desist Copyright Infringement Letter, Cease and Desist Trademark Infringement Letter, Release of Liability Form (Waiver of Liability), When a visitor purchases goods on the company’s website, When a visitor clicks on the link to the company’s website (called “pay per click” or “PPC”), Percentage of users that are likely to click on the link to the company’s website. Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. The Affiliate or Referral Program Agreement will help answer those questions and more, like: Will you provide me with affiliate collateral I can use to drive sales? To begin with this, affiliates or publishers place AD in their websites along with their unique content, such as blog, video or templates. The Owners hall pay the Affiliate a commission on any Paid Order made by the Affiliate Customers that the Affiliate refers to the Owner through the Affiliate Link during the term of this agreement. " The Affiliate Application may be found at the following website: ________. We will determine whether payout is permissible in our sole and exclusive discretion. C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. Our primary website is located at the address listed above. The Company has developed an affiliate marketing program (the "Program") for the websites located at www.erasemybackpain.com, www.backtolifesystem.com, www.backpainstretch.com, www.healthybacksystem.com, … You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services; b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP"). 15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE. 1. Have affiliate websites link to your own to increase your reach and connectivity. Please read the updated terms below. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Processing and fulfillment of orders will be our responsibility. Each Party shall pay their own costs and fees. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion. It can be used to drive massive referral traffic to your business. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program. A typical affiliate agreement is structured to provide compensation to the affiliate in one – or both – of the following ways: The payment structure you choose will depend on the amounts to be paid by the company to the affiliate. Copyright 2021 Legal Templates LLC. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. You shall operate and maintain the Affiliate Site in accordance with all applicable laws, rules and regulations. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. In consideration of the Fees, you agree to place one or more of the Links on the Affiliate Site in accordance with the terms and conditions of this Agreement. Please note that throughout this Agreement, "we," "us," and "our" refer to Merchant.com, and "you," "your," and "yours" refer to the affiliate. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. Congratulations on your new affiliate program! 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