Affiliate Agreement Generator

AFFILIATE PROGRAM AGREEMENT

Effective Date: December 4, 2025

This Affiliate Program Agreement ("Agreement") is entered into between [COMPANY NAME] ("Company", "we", "us", or "our") and the individual or entity that accepts these terms ("Affiliate", "you", or "your").

By participating in the [COMPANY NAME] Affiliate Program ("Program"), you agree to be bound by the following terms and conditions.

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1. DEFINITIONS

"Affiliate Link" means the unique tracking URL provided to Affiliate for promoting Company products or services.

"Commission" means the payment earned by Affiliate for each Qualifying Sale.

"Qualifying Sale" means a completed purchase made by a customer referred through Affiliate's Link that is not refunded, charged back, or otherwise reversed.

"Customer" means any individual or entity that purchases Company products or services through Affiliate's Link.

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2. PROGRAM ENROLLMENT

2.1 Application. To participate in the Program, you must submit an application through our affiliate registration process. Company reserves the right to accept or reject any application at its sole discretion.

2.2 Account Requirements. You must provide accurate and complete information during registration and maintain accurate information throughout your participation in the Program.

2.3 Approval. Upon approval, you will receive access to your affiliate dashboard, unique Affiliate Links, and promotional materials.

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3. COMMISSION STRUCTURE

3.1 Commission Rate. Affiliate shall receive a commission of 25% of the sale amount for each Qualifying Sale.

3.2 Cookie Duration. A referral cookie with a duration of 30 days shall be placed on the Customer's browser when they click your Affiliate Link. You will receive credit for any Qualifying Sale made within this period.

3.3 Attribution. Commission is attributed to the last affiliate link clicked before purchase (last-click attribution).

3.4 Exclusions. Commissions are not earned on:
   - Self-referrals or purchases made by Affiliate
   - Refunded, canceled, or charged-back orders
   - Fraudulent transactions
   - Customers referred through prohibited promotional methods

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4. PAYMENT TERMS

4.1 Payment Schedule. Commissions shall be paid monthly for all Qualifying Sales from the previous period.

4.2 Minimum Threshold. Payments will be processed when your earned commissions reach a minimum of $50. Balances below this threshold will roll over to the next payment period.

4.3 Payment Method. Payments will be made via the payment method selected in your affiliate dashboard (e.g., Stripe Connect, PayPal, or bank transfer where available).

4.4 Taxes. Affiliate is solely responsible for all taxes related to commissions earned. Company may request tax documentation (W-9, W-8BEN) as required by applicable law.

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5. FTC DISCLOSURE REQUIREMENTS

5.1 Mandatory Disclosure. Affiliate MUST clearly and conspicuously disclose their relationship with Company in ALL promotional content, including but not limited to:
   - Blog posts and articles
   - Social media posts (including Instagram, TikTok, YouTube, Twitter/X)
   - Email communications
   - Video content
   - Podcasts
   - Any other promotional materials

5.2 Disclosure Placement. Disclosures must be:
   - Clear and prominent (not buried in fine print)
   - Close to the affiliate link or recommendation
   - In the same language as the promotional content
   - Visible before the reader/viewer needs to take action

5.3 Example Disclosures. Acceptable disclosure language includes:
   - "This post contains affiliate links. I may earn a commission if you make a purchase."
   - "Sponsored post" or "Ad" or "Paid partnership"
   - "#ad" or "#sponsored" (for social media)

5.4 Compliance. Failure to properly disclose may result in immediate termination and forfeiture of unpaid commissions.

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6. PROHIBITED ACTIVITIES

Affiliate shall NOT engage in any of the following activities:

6.1 Paid Search Advertising
   - Bidding on Company's brand name, trademarks, or variations thereof in any paid search engine advertising (Google Ads, Bing Ads, etc.)
   - Using Company's name in ad copy or display URLs

6.2 Spam and Unsolicited Communications
   - Sending unsolicited emails (spam)
   - Sending unsolicited text messages or direct messages
   - Posting in forums, comment sections, or social media in a spammy manner

6.3 False or Misleading Claims
   - Making false, deceptive, or misleading claims about Company products or services
   - Creating fake reviews or testimonials
   - Guaranteeing specific results that cannot be substantiated

6.4 Cookie Stuffing and Fraud
   - Using cookie-stuffing techniques
   - Auto-redirecting users without their consent
   - Artificially generating clicks, impressions, or sales

6.5 Trademark Violations
   - Using Company's trademarks in domain names
   - Creating confusion about official Company materials
   - Modifying or distorting Company's logos or branding

6.6 Other Prohibited Activities
   - Promoting on adult, violent, or illegal content websites
   - Engaging in any illegal activities
   - Violating any applicable laws or regulations

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7. INTELLECTUAL PROPERTY

7.1 License Grant. Company grants Affiliate a limited, non-exclusive, non-transferable license to use Company's approved marketing materials and trademarks solely for the purpose of promoting Company's products or services under this Program.

7.2 Usage Guidelines. Affiliate must:
   - Use only approved promotional materials
   - Not modify logos, colors, or branding without permission
   - Follow brand guidelines provided by Company

7.3 Ownership. All intellectual property rights in Company's products, services, trademarks, and promotional materials remain the sole property of Company.

7.4 Content Ownership. Any content created by Affiliate promoting Company products remains the property of Affiliate, subject to Company's intellectual property rights.

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8. TERMINATION

8.1 Termination by Either Party. Either party may terminate this Agreement at any time, for any reason, with 30 days written notice.

8.2 Immediate Termination. Company may terminate this Agreement immediately, without notice, if Affiliate:
   - Breaches any term of this Agreement
   - Engages in fraudulent activity
   - Violates FTC disclosure requirements
   - Engages in any prohibited activities
   - Damages Company's reputation

8.3 Effect of Termination. Upon termination:
   - Affiliate must immediately cease using all Company materials and trademarks
   - Affiliate must remove all Affiliate Links from their properties
   - Pending commissions for Qualifying Sales made prior to termination will be paid according to normal payment schedule
   - Company reserves the right to withhold payment if termination is due to fraud or material breach

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9. LIMITATION OF LIABILITY

9.1 Disclaimer. Company provides the Program "as is" without warranty of any kind, express or implied.

9.2 Limitation. In no event shall Company be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the Program.

9.3 Maximum Liability. Company's total liability under this Agreement shall not exceed the total commissions paid to Affiliate in the twelve (12) months preceding the claim.

9.4 Indemnification. Affiliate agrees to indemnify and hold harmless Company from any claims, damages, or expenses arising from Affiliate's promotional activities or breach of this Agreement.



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GENERAL PROVISIONS

Modifications. Company reserves the right to modify this Agreement at any time. Material changes will be communicated via email or through the affiliate dashboard. Continued participation in the Program constitutes acceptance of modified terms.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of [YOUR JURISDICTION].

Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the Program and supersedes all prior agreements and understandings.

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By participating in the [COMPANY NAME] Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

[COMPANY NAME]
[WEBSITE URL]