MAKE YOUR FREE Affiliate agreement

This document is GDPR compliant.

Protect your business when you enter into an agreement for a marketing or a referral program. Use this affiliate agreement for any business in England, Wales or Scotland. It is designed to be straightforward and comprehensive so that both parties know where they stand and needless disputes can be avoided.

Use this affiliate agreement:

• if you want to enter into a marketing or a referral program where the affiliate receives payments from the merchant company running the scheme on certain conditions

• if one party is expected to bring significant traffic and sales to the other party’s website

• authorise an affiliate on a non-exclusive basis to promote a merchant’s products, services or products and services 

This affiliate agreement covers:

• products, services or products and services

• payment for converted lead

• a limited license to the promotional content

• option to provide technical support

• option for merchant’s approval for any use of the promotional material

• warranties

• liability 

• confidentiality

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 take some other action (eg Amazon affiliate program). 

The agreement is a contract between the two parties. It will lay out the basic terms of business, including the commission on subsequent sales, the placement and maintenance of links, and allows the parties to ensure that the affiliate will conduct themselves responsibly and fairly in the course of driving traffic to the merchant’s website.

An affiliate agreement will set the basis for a productive and profitable relationship. An affiliate agreement cannot generally be used if there is only a general affiliation that is open for anyone to join. 

A converted lead is a lead that is sent from the affiliate directly to the merchant that results in a sale or a specific action. Some leads may not result in a sale or purchase, in which case the merchant may not want to pay for a non-converted lead. This affiliate agreement outlines that a commission is only payable for a converted lead.

A converted lead can be any user who either:

• registers for any merchant

• pays for the merchant

• who registers and pays for any of the merchant’s products, services or both

The commission fee is a fee paid by the merchant to the affiliate for each successful lead (ie a converted lead). This could be based on a mutually agreed percentage of the fee (eg 10% of the gross sales from the lead) or a set amount based on the price per lead. A converted lead can be any user who either:

• registers for any merchant

• pays for the merchant

• who registers and pays for any merchant’s products, services or both.

Ask a lawyer for advice on:

• drafting bespoke terms in your affiliate agreement

• any special data protection requirements

This affiliate agreement is governed by the law of England, Wales or the law of Scotland.