Affiliate Terms and Conditions Template

Overview

These Terms and Conditions govern participation in your affiliate program. Unlike a private agreement, these are publicly posted and affiliates agree to them by joining your program.

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Affiliate Program Terms and Conditions

Last Updated: [LAST_UPDATED_DATE]

Welcome to the [COMPANY_NAME] Affiliate Program. By applying to or participating in our affiliate program, you agree to be bound by these Terms and Conditions.

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1. Program Overview

1.1 The [COMPANY_NAME] Affiliate Program allows approved affiliates to earn commissions by referring customers to our products and services.

1.2 Participation in the Program is subject to approval at our sole discretion.

1.3 We reserve the right to modify, suspend, or terminate the Program at any time.

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2. Eligibility

To participate in our affiliate program, you must:

2.1 Be at least 18 years of age or the age of majority in your jurisdiction.

2.2 Have a valid website, blog, social media presence, or other approved promotional channel.

2.3 Comply with all applicable laws and regulations.

2.4 Not be located in a jurisdiction where participation is prohibited.

2.5 Provide accurate and complete information in your application.

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3. Application and Approval

3.1 Submitting an application does not guarantee acceptance into the Program.

3.2 We review applications based on:

• Quality and relevance of your promotional channels
• Audience demographics and reach
• Content quality and brand alignment
• Compliance history (if applicable)

3.3 We will notify you of our decision via email within [REVIEW_PERIOD] business days.

3.4 We may revoke approval at any time if you violate these Terms.

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4. Commission Structure

4.1 Base Commission: [COMMISSION_RATE]% on qualifying sales.

4.2 Recurring Commission: [IF_APPLICABLE: [RECURRING_RATE]% on subscription renewals for [RECURRING_MONTHS] months.]

4.3 Cookie Duration: [COOKIE_DURATION] days from the initial click.

4.4 Qualifying Sales: A sale qualifies for commission when:

• The customer clicks your unique affiliate link
• Completes a purchase within the cookie duration
• The purchase is not refunded or charged back
• The customer is not an existing customer

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5. Payment

5.1 Minimum payout threshold: [MINIMUM_PAYOUT]

5.2 Payment schedule: [PAYMENT_SCHEDULE] (e.g., NET 30)

5.3 Payment methods available: [PAYMENT_METHODS]

5.4 You are responsible for any applicable taxes on your earnings.

5.5 Commissions are held for [HOLDING_PERIOD] days to account for refunds.

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6. Promotional Guidelines

You MUST:

6.1 Clearly disclose your affiliate relationship in compliance with FTC guidelines:

• Use clear language like "affiliate link" or "I may earn a commission"
• Place disclosures prominently near affiliate links
• Disclose in video content verbally or on-screen

6.2 Represent our products accurately and honestly.

6.3 Keep your promotional content up-to-date.

6.4 Only use approved promotional materials or create content that accurately represents our products.

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7. Prohibited Activities

You may NOT:

7.1 Spam: Send unsolicited emails, messages, or communications.

7.2 False Claims: Make misleading or unsubstantiated claims about our products.

7.3 Cookie Stuffing: Use any method to artificially inflate clicks or cookies.

7.4 Trademark Bidding: Bid on our brand name or variations in paid search without written approval.

7.5 Incentivized Traffic: Offer rewards solely for clicking links or making purchases.

7.6 Self-Referrals: Purchase through your own affiliate links.

7.7 Coupon Abuse: Promote unauthorized discount codes or create coupon-focused content without approval.

7.8 Adult/Illegal Content: Promote on sites containing adult, violent, illegal, or discriminatory content.

7.9 Impersonation: Create websites or profiles that could be mistaken for official [COMPANY_NAME] properties.

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8. Intellectual Property

8.1 We grant you a limited, non-exclusive license to use our logos, images, and promotional materials solely for Program purposes.

8.2 You may not modify our materials without prior written approval.

8.3 You may not register domain names containing our trademarks.

8.4 All intellectual property rights remain with [COMPANY_NAME].

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9. Tracking and Reporting

9.1 We use [TRACKING_METHOD] to track referrals and attribute sales.

9.2 You can access your performance data through your affiliate dashboard.

9.3 We are not responsible for tracking failures due to:

• Customer's browser settings or ad blockers
• Technical issues beyond our control
• Affiliate link implementation errors

9.4 Our tracking data is final and binding for commission calculations.

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10. Termination

10.1 You may terminate your participation at any time by contacting us.

10.2 We may terminate your participation immediately if you:

• Violate these Terms and Conditions
• Engage in fraudulent activity
• Remain inactive for [INACTIVITY_PERIOD] or longer
• Damage our brand or reputation

10.3 Upon termination:

• Your access to the affiliate dashboard will be revoked
• Pending commissions (past the holding period) will be paid
• You must remove all affiliate links and materials

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11. Limitation of Liability

11.1 THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

11.2 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

11.3 OUR TOTAL LIABILITY SHALL NOT EXCEED THE COMMISSIONS PAID TO YOU IN THE PRECEDING 12 MONTHS.

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12. Modifications

12.1 We may modify these Terms at any time by posting updated Terms on our website.

12.2 Material changes will be communicated via email with [NOTICE_PERIOD] days notice.

12.3 Continued participation after changes constitutes acceptance.

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13. General Provisions

13.1 Governing Law: These Terms are governed by the laws of [JURISDICTION].

13.2 Severability: If any provision is unenforceable, remaining provisions remain in effect.

13.3 Assignment: You may not assign your rights without our written consent.

13.4 Entire Agreement: These Terms constitute the complete agreement regarding Program participation.

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Contact Information

For questions about these Terms or the Affiliate Program:

Email: [AFFILIATE_SUPPORT_EMAIL]

Address: [COMPANY_ADDRESS]

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How to Use This Template

1. Replace [BRACKETED] variables with your specific program details
2. Post publicly on your website (e.g., /affiliate-terms)
3. Require agreement during affiliate signup
4. Review with legal counsel before publishing
5. Update regularly and communicate changes to affiliates

Key Variables to Customize

Variable	Description	Example
[COMPANY_NAME]	Your company name	Acme Inc.
[COMMISSION_RATE]	Base commission %	25
[COOKIE_DURATION]	Cookie window in days	30
[MINIMUM_PAYOUT]	Min payout amount	$50
[PAYMENT_SCHEDULE]	Payment timing	NET 30
[JURISDICTION]	Governing law location	Delaware, USA

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FAQ

Where should I post these Terms?

Create a dedicated page like yoursite.com/affiliate-terms and link to it from your affiliate signup page.

How is this different from an Affiliate Agreement?

Terms and Conditions are public rules all affiliates follow. An Agreement is a private contract with individual affiliates (often used for high-value partnerships).

How often should I update these?

Review annually or whenever you make significant program changes. Always notify existing affiliates of material changes.