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Affiliate Marketing Agreement

This Affiliate Marketing Agreement template is for businesses wishing to establish a formal relationship with affiliates to promote their products or services. It outlines the terms and conditions, commission structure, and responsibilities of both parties.

Updated 15d ago
Affiliate AgreementMarketing ContractPartnership AgreementCommission AgreementReferral ProgramSouthern Africa Business

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

AFFILIATE MARKETING AGREEMENT

This Affiliate Marketing Agreement ("Agreement") is made and entered into on this {{date_of_agreement}}

BETWEEN:

{{company_name}}, a company duly incorporated under the laws of [Jurisdiction, e.g., South Africa], with its principal place of business at {{company_address}} (hereinafter referred to as "Company");

AND

{{affiliate_name}}, [Company Registration Number/ID Number], with its principal place of business/residential address at {{affiliate_address}} (hereinafter referred to as "Affiliate").

Collectively referred to as the "Parties" and individually as a "Party".

1. APPOINTMENT OF AFFILIATE

The Company hereby appoints the Affiliate, and the Affiliate hereby accepts such appointment, to promote the Company's products/services (hereinafter referred to as "Products") as described on the Company's website at {{company_website_products_url}}.

2. AFFILIATE RESPONSIBILITIES

2.1. The Affiliate shall diligently and in good faith promote the Products to potential customers.

2.2. The Affiliate shall not make any false, misleading, or deceptive representations or warranties with respect to the Company or the Products.

2.3. The Affiliate shall comply with all applicable laws and regulations concerning advertising and marketing.

2.4. The Affiliate shall use the approved marketing materials provided by the Company or create marketing materials consistent with the Company's brand guidelines.

3. COMMISSION STRUCTURE

3.1. The Company shall pay the Affiliate a commission of {{commission_percentage}}% of the net revenue generated from sales of Products directly attributable to the Affiliate's marketing efforts.

3.2. Net revenue shall be defined as the selling price of the Product less any returns, refunds, taxes, and shipping costs.

3.3. Commissions will be calculated on a {{payment_frequency}} basis (e.g., monthly, quarterly) and paid out within {{payment_days}} days of the end of the calculation period.

3.4. Payments will be made via {{payment_method}} (e.g., bank transfer, PayPal) to the Affiliate's nominated account: {{affiliate_bank_account_details}}.

3.5. A minimum payout threshold of {{minimum_payout_amount}} {{currency}} shall apply. If the accrued commission is below this threshold, it will be carried over to the next payment period.

4. TRACKING AND REPORTING

4.1. The Company will provide the Affiliate with a unique tracking link ({{affiliate_tracking_link}}) to monitor sales generated through the Affiliate's efforts.

4.2. The Company shall provide the Affiliate with access to an online portal or regular reports detailing sales and commission earnings.

5. TERM AND TERMINATION

5.1. This Agreement shall commence on the Effective Date and continue until terminated by either Party by giving {{notice_period}} days' written notice to the other Party.

5.2. Either Party may terminate this Agreement immediately if the other Party breaches any material term of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.

5.3. Upon termination, all outstanding commissions due to the Affiliate shall be paid within {{final_payment_days}} days.

6. INTELLECTUAL PROPERTY

6.1. All intellectual property rights related to the Products and Company branding remain the sole property of the Company.

6.2. The Affiliate is granted a non-exclusive, non-transferable, revocable license to use the Company's trademarks and marketing materials solely for the purpose of promoting the Products under this Agreement.

7. CONFIDENTIALITY

7.1. Both Parties agree to keep confidential all non-public information disclosed by the other Party during the term of this Agreement and for a period of {{confidentiality_period}} years thereafter.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction, e.g., South Africa].

8.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [City, e.g., Johannesburg, South Africa].

Signature Block

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.

For and on behalf of {{company_name}}:

_____________________________

Name: {{company_representative_name}}

Designation: {{company_representative_title}}

Date: {{signature_date}}

For and on behalf of {{affiliate_name}}:

_____________________________

Name: {{affiliate_representative_name}}

Designation: {{affiliate_representative_title}}

Date: {{signature_date}}

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