affiliate agreement

Affiliate Agreement

This Affiliate Agreement (the "Agreement") is made and entered into as of [Date], by and between [Your Company Name], a [State/Country] corporation, with its principal place of business at [Address] (referred to as "Company"), and [Affiliate Name], a [State/Country] individual/company, with its principal place of business at [Address] (referred to as "Affiliate").

Background:

Company operates an online platform that offers products and/or services (the "Products") to customers. Affiliate operates a website, blog, social media account, or other digital platform (the "Platform") and desires to promote Company's Products on the Platform.

Terms and Conditions:

1. Enrollment in the Affiliate Program:

Affiliate may apply to participate in Company's Affiliate Program by completing the online application form. Company reserves the right to approve or reject any application at its sole discretion.

2. Promotional Materials:

Upon acceptance into the Affiliate Program, Company shall provide Affiliate with a unique affiliate link or other promotional materials to be used for tracking sales and referrals. Affiliate agrees to use these materials solely for the purpose of promoting Company's Products and in accordance with any guidelines provided by Company.

3. Commissions:

For each valid referral or sale generated through Affiliate's unique affiliate link or promotional efforts, Company will pay Affiliate a commission based on the terms outlined in the Affiliate Program. Commissions will be paid on a regular basis, as determined by Company.

4. Prohibited Activities:

Affiliate agrees not to engage in any deceptive, misleading, or unethical marketing practices to promote Company's Products. Prohibited activities include, but are not limited to, spamming, cookie stuffing, and using misleading content or advertisements.

5. Intellectual Property:

Company retains all rights, title, and interest in its trademarks, logos, and other intellectual property. Affiliate may use Company's intellectual property solely for the purpose of promoting Company's Products as specified in this Agreement.

6. Term and Termination:

This Agreement shall commence upon Affiliate's acceptance into the Affiliate Program and shall remain in effect until terminated by either party. Either party may terminate this Agreement with or without cause by providing written notice to the other party.

7. Confidentiality:

Both parties agree to keep confidential any non-public information obtained during the term of this Agreement. This includes, but is not limited to, customer data, financial information, and proprietary business information.

8. Independent Contractor Relationship:

The parties acknowledge and agree that Affiliate is an independent contractor and is not an employee, partner, or representative of Company. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties.

9. Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of [State/Country]. Any disputes arising under or in connection with this Agreement shall be resolved by the courts located in [City, State/Country].

10. Entire Agreement:

This Agreement constitutes the entire understanding and agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.

IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Agreement as of the date first above written.

[Your Company Name]

By: ___________________________ [Authorized Signatory]

[Affiliate Name]

By: ___________________________ [Authorized Signatory]