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A family of Affiliate terms and conditionsdocumentsAffiliate terms and conditions

If you are operating a direct affiliate programme, under which you as merchant will contract directly with affiliates, rather than going through an affiliate network, then these affiliate terms and conditions may be right for you. They set out the rights and obligations of the affiliate, the commission payable to the affiliate, the manner of accounting for that commission, as well as all the usual boilerplate.

Affiliate terms and conditions (standard)

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Version 1.0
First published 9 Dec 2019
Last updated 9 Dec 2019
Word count 5,109
Template pages 11

Affiliate terms and conditions (premium)

FROM

£50.00

OR

50

CREDITS
Buy
Version 1.0
First published 9 Dec 2019
Last updated 9 Dec 2019
Word count 6,462
Template pages 14

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Affiliate terms and conditions (standard) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term (indefinite); each registration form creates distinct contract .
  3. Affiliate Programme: affiliate control panel; grant of licence to use affiliate links; inclusion and maintenance of affiliate links; amendments to links; no warranties regarding affiliate links.
  4. Affiliate
     obligations:
    Affiliate
     cooperation and assistance for affiliate programme;
    Affiliate
     website obligations; prohibitions on affiliate; protection of 
    Merchant
    and
    Merchant
    website reputation and goodwill.
  5. Commission: obligation to pay commission upon trigger event; exclusions on commission payments; VAT in calculation of commission; variation of commission rates; commission after termination.
  6. Accounting for Commission: notice of commission payable; obligation to issue of invoice for commission; time for payment of commission following invoice.
  7. Payment methods, interest and set off: payment methods for commission; withholding tax deduction; interest on late payments; repayment of overpayments; right of set off.
  8. Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
  9. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; aggregate liability cap based on 
    Merchant
     payments.
  10. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  11. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  12. Notices: contractual notices by email or through
    Merchant
     website.
  13. General: no waiver; severability; asymmetric variation; asymmetric assignment of contractual rights; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  14. Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number.

SCHEDULE 1 (COMMISSION)

    Introduction to affiliate trigger events and commission details; acknowledgement.
  1. Purchase: purchase trigger event specification; purchase commission specification.
  2. Registration: registration trigger event specification; registration commission specification.
  3. Visit: visit trigger event specification; visit commission specification.

Affiliate terms and conditions (premium) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term (indefinite); each registration form creates distinct contract .
  3. Affiliate Programme: affiliate control panel; grant of licence to use affiliate links; inclusion and maintenance of affiliate links; amendments to links; no warranties regarding affiliate links.
  4. Affiliate
     obligations:
    Affiliate
     cooperation and assistance for affiliate programme;
    Affiliate
     website obligations; prohibitions on affiliate; protection of 
    Merchant
    and
    Merchant
    website reputation and goodwill.
  5. Commission: obligation to pay commission upon trigger event; exclusions on commission payments; VAT in calculation of commission; variation of commission rates; commission after termination.
  6. Accounting for Commission: notice of commission payable; obligation to issue of invoice for commission; time for payment of commission following invoice.
  7. Payment methods, interest and set off: payment methods for commission; withholding tax deduction; interest on late payments; repayment of overpayments; right of set off.
  8. Sub-affiliates:
    Affiliate
     may refer sub-affiliates; supplementary sub-affiliate payments; sub-affiliate prohibitions and restrictions; variation of supplementary payment rates.
  9. Affiliate
    's confidentiality obligations:
    second party confidentiality undertaking; disclosure of confidential information by second party to certain persons; exceptions to second party's confidentiality obligations; disclosures of first party confidential information mandated by law etc; second party to stop using confidential information upon termination; second party to return or destroy confidential information following termination; second party confidentiality obligations after termination.
  10. Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
  11. Affiliate
     indemnity:
    second party indemnifies first party upon breach.
  12. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; aggregate liability cap based on 
    Merchant
     payments.
  13. Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency.
  14. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  15. Notices: contractual notices by email or through
    Merchant
     website.
  16. General: no waiver; severability; asymmetric variation; asymmetric assignment of contractual rights; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  17. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
  18. Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number.

SCHEDULE 1 (COMMISSION)

    Introduction to affiliate trigger events and commission details; acknowledgement.
  1. Purchase: purchase trigger event specification; purchase commission specification.
  2. Registration: registration trigger event specification; registration commission specification.
  3. Visit: visit trigger event specification; visit commission specification.
  4. Sub-affiliate supplementary payments: calculation of sub-affiliate supplementary payments.