Affiliate Terms and Conditions

Our UK Affiliate Marketing Agreement is a comprehensive agreement prepared for those websites that intend to operate their own affiliate programme.

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The internet has undoubtedly revolutionised the way goods and services are distributed to customers by business owners.

A good example of this is the advent of ‘affiliate marketing’. ‘Affiliate Marketing’ is when a company which provides a good or service (‘the Merchant’) pays other web users (the ‘Affiliate’) a commission on any customer referrals the Affiliate makes to the Merchant’s website. These referrals are done by use of links or banners on the Affiliate’s website, emails or newsletters to the Merchant’s website.

Our UK Affiliate Marketing Agreement is a comprehensive agreement prepared for those websites that intend to operate their own affiliate programme. Such programmes, using custom designed software or off the shelf packages, can enable any trading website to pay commission to other websites that deliver customers or leads.

In order to ensure that the process and terms are clear to the affiliate websites that will promote your website, you should ensure that you have a legal Affiliate Agreement published on your site, to which new affiliates are required to agree.

This agreement includes a \"self billing\" option. The capability to allow self-billing (i.e. where the merchant prepares the invoices on behalf of affiliates) can ease the administration burden.

This document is suitable for websites hosted in England and Wales and contains the following clauses:
  • application and approval process
  • links and licence for promotional material
  • sales and commission tracking mechanism
  • limitations on use
  • payment process, VAT and self billing (optional)
  • data protection
  • conditions and availability
  • termination
  • limitations on liability.
These forms have been created by UK lawyers for use in England and Wales.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.














Affiliate Terms and Conditions









This Packet Includes:
1. Information
2. Step-by-Step Instructions
3. Affiliate Terms and Conditions





Information
Affiliate Terms and Conditions

The internet has undoubtedly revolutionised the way goods and services are distributed to customers by business owners.

A good example of this is the advent of affiliate marketing. Affiliate Marketing is when a company which provides a good or service (the Merchant) pays other web users (the Affiliate) a commission on any customer referrals the Affiliate makes to the Merchants website. These referrals are done by use of links or banners on the Affiliates website, emails or newsletters to the Merchants website.

Affiliate Marketing is becoming increasingly popular for both Affiliates and Merchants. For the Affiliate it is an ideal way to make money quickly and easily online; there is no need to come up with there own product to sell and distribute. They just need to think of an effective way to promote the merchants product and then just collect the commission cheques.

For the Merchant, paying lucrative commissions will mean good Affiliates will promote the Merchants website and products and thus increase significantly his commissions.

Our Affiliate Agreement is quite self explanatory and simple. It gives the Merchant all the control over how the affiliate programme is run and the commissions to be paid. This agreement also allows for the Merchant to produce self billing invoices on behalf of the Affiliate to help ease the administration burden. Please note that to do this you will require approval from HM Revenue & Customs which is a straightforward process.





 Step-by-Step Instructions
Affiliate Terms and Conditions

   

We would draw your attention to the following clauses which require your input. Once you have inserted the necessary information then delete the square brackets:

   Clause 1   The Merchant will need to enter the name of his company where indicated.

   Clause 2   The Merchant will need to insert his email address.

   Clause 4   The Merchant will need to decide what time period in he will send the cheques and how much commission he will be paid to the commission on each referral. Also note the agreement provides for the non payment of any commissions by the Merchant until the Affiliate has earned over £50 of commissions. The Merchant can of course change this amount.

   Clause 11   The Merchant will need to insert his email address.




DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice.     Only a lawyer/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters. No Lawyer-Client / Solicitor-Client relationship is created by                       use of these materials.   



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 


Affiliate terms and conditions

TERMS AND CONDITIONS FOR THE APPOINTMENT OF AFFILIATE PARTNERSPlease read these terms and conditions carefully as they contain important information about your rights and obligations.
1.    Introduction [Name of Business ] (we, our or us) wishes to appoint you (you or the Affiliate) as our Affiliate Partner to enable you to earn extra income through your website (your Website) by promoting us and making your customers aware of the products and services provided by us on our website (the [Name of Business Website]). Your appointment is conditional upon your successful registration, the establishment of a link (as defined below), and is governed by these terms and conditions as posted on our Website from time to time.
2.   Registration In order to become an Affiliate you must complete our online application form. We reserve the right, at our absolute discretion to reject any application to become an Affiliate. We take the issue of privacy very seriously and to the extent that any information that you provide as part of the registration process is Personal Data (as defined in the Data Protection Act 1998) then we shall only deal with such data in accordance with our Privacy Policy.
Businesses that are VAT registered must insert their VAT number in the application form. If the VAT number is subsequently changed or cancelled, affiliates should notify us at [enter email address].
3.   Links
To become an Affiliate you must include the banners, buttons, interactive buttons and text links (the Links) as we recommend from time to time on your Website. The Links can be found on the Affiliate Administration Console of our Website. Any of the Links will allow your end-users to navigate directly to our Website. You agree that we must control the appearance of the Links and the way in which the Links operate. As such you must ensure that:

(a) you only represent the latest available Links in the format that they are made available to you and you must not alter or amend the Links in any way unless agreed in advance with us;
(b) you only use the Links to link to our Website; and
(c) you visit our Website regularly to ensure that you are complying with (a) and (b) above.
We reserve the right to change the appearance of the Links and the manner in which you link to our Website regularly so we recommend that you visit at least once per month. We hereby grant you a non-exclusive, non-transferable licence to include the Links on your Website such licence to be terminable by us at any time. On termination of this licence you agree to remove the Links immediately. 4.    Payment
Within 10 days of the end of each calendar quarter, we will send by email confirmation of amount owed, unless no commissions have been earned. Unless the amount is less than £50, we will send payments to you for commissions on completed sales, at the rate published on our Website, within 10 days of the end of the calendar quarter. Each calendar quarter ends at the end of these months: March, June, September and December. If the amount due to you is less than £50, then we will retain your payment until you have reached £50 and then send payment within 10 days of the end of that calendar quarter. We may make changes to the commission rates that we pay to Affiliates under this Agreement (either up or down) so we advise you to consult the our Website regularly. Any change in the fees will take effect at the end of the particular month in which the change was first posted on our Website.
In order to simplify the administration process, and not delay payments, we require affiliates to agree to us "self billing" you. As we will "self bill" you for commissions payable, VAT invoices must not be issued by you for commissions. A copy of the "self bill" invoice will be sent with each commission cheque.
You will be entirely responsible for any taxation that may be payable as a result of the payment of fees under this Agreement.
5.    Copyright
The contents of our Website and the Links are protected by intellectual property and legislation and all rights in our Website and the Links are reserved to us or other third party licensors.
6.   Availability of Our Website
We will endeavour to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device. Should we find that you have done or attempted to do any of the above actions, or that you have in bad faith, contrary to these terns and conditions or illegally referred customers to our Website in an attempt to obtain additional revenues from us, we will terminate this agreement immediately. In these circumstances we reserve the right to seek remedies from you, including without limitation, withholding any payments due to you.
7.    Warranties
You hereby warrant to us that you will not include any of the following on your Website:
(a) any illegal material;
(b) any obscene or sexually explicit material;
(c) any violent, discriminatory, threatening or abusive material;
(d) any material which is blasphemous or defamatory in any way or which in any way detracts from our Website; and
(e) any material that infringes the Intellectual Property of any third party.
We limit our liability to you under this agreement to a maximum of £500.00 (five hundred pounds) and will not be liable for any indirect or consequential loss, loss of profit or goodwill, loss of profits or loss of data (whether direct or indirect) save that the above limitation does not apply for death or personal injury arising due to our negligence. You acknowledge that you are solely responsible for the technical operation of your Website and all related equipment. 8.   Audit
We reserve the right to conduct an audit of your technical and related equipment and your records for the purposes of determining and confirming the traffic in relation to the Links and any amounts owing to you.
 9.   Termination
Either party may terminate this agreement at any time upon giving written notice to the other. Termination of this Agreement shall be without prejudice to any rights of the parties accrued up to the date of termination. The term of this Agreement will begin upon our acceptance of your Online Application and will end when terminated by either part in accordance with this Agreement. 10.   General
We may assign or subcontract any or all of our rights and obligations under these terms and conditions. You may assign this agreement and your rights and obligations under it only with our prior written consent. We may alter these terms and conditions from time to time and post the new version on our Website. Any such changes will take effect at the end of the month in which they are posted on our Website unless otherwise indicated. If you continue to maintain the Link after that time then you will be deemed to have accepted the change in question. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them. These terms and conditions constitute the entire agreement between you and us. These terms and conditions supersede all prior oral and written understandings between you and us (other than your acceptance of the terms and conditions for operation of our Website), in particular in relation to the use of the Links. These terms and conditions and your use of the Links are governed by the laws of England and you submit to the exclusive jurisdiction of the English courts. You may not make any public announcement with respect to this Agreement or your participation in the affiliate program without our prior written consent, which may be withheld in our sole discretion. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose. 11.   Notices
All notices relating to the Affiliate Program shall be given by email to us at [enter email address] or, to you at either the email or postal address you provide during the registration process. Notice will be deemed received 24 hours after email is sent or 3 days after the date of posting.

Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32268
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.














Affiliate Terms and Conditions









This Packet Includes:
1. Information
2. Step-by-Step Instructions
3. Affiliate Terms and Conditions





Information
Affiliate Terms and Conditions

The internet has undoubtedly revolutionised the way goods and services are distributed to customers by business owners.

A good example of this is the advent of affiliate marketing. Affiliate Marketing is when a company which provides a good or service (the Merchant) pays other web users (the Affiliate) a commission on any customer referrals the Affiliate makes to the Merchants website. These referrals are done by use of links or banners on the Affiliates website, emails or newsletters to the Merchants website.

Affiliate Marketing is becoming increasingly popular for both Affiliates and Merchants. For the Affiliate it is an ideal way to make money quickly and easily online; there is no need to come up with there own product to sell and distribute. They just need to think of an effective way to promote the merchants product and then just collect the commission cheques.

For the Merchant, paying lucrative commissions will mean good Affiliates will promote the Merchants website and products and thus increase significantly his commissions.

Our Affiliate Agreement is quite self explanatory and simple. It gives the Merchant all the control over how the affiliate programme is run and the commissions to be paid. This agreement also allows for the Merchant to produce self billing invoices on behalf of the Affiliate to help ease the administration burden. Please note that to do this you will require approval from HM Revenue & Customs which is a straightforward process.





 Step-by-Step Instructions
Affiliate Terms and Conditions

   

We would draw your attention to the following clauses which require your input. Once you have inserted the necessary information then delete the square brackets:

   Clause 1   The Merchant will need to enter the name of his company where indicated.

   Clause 2   The Merchant will need to insert his email address.

   Clause 4   The Merchant will need to decide what time period in he will send the cheques and how much commission he will be paid to the commission on each referral. Also note the agreement provides for the non payment of any commissions by the Merchant until the Affiliate has earned over £50 of commissions. The Merchant can of course change this amount.

   Clause 11   The Merchant will need to insert his email address.




DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice.     Only a lawyer/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters. No Lawyer-Client / Solicitor-Client relationship is created by                       use of these materials.   



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 


Affiliate terms and conditions

TERMS AND CONDITIONS FOR THE APPOINTMENT OF AFFILIATE PARTNERSPlease read these terms and conditions carefully as they contain important information about your rights and obligations.
1.    Introduction [Name of Business ] (we, our or us) wishes to appoint you (you or the Affiliate) as our Affiliate Partner to enable you to earn extra income through your website (your Website) by promoting us and making your customers aware of the products and services provided by us on our website (the [Name of Business Website]). Your appointment is conditional upon your successful registration, the establishment of a link (as defined below), and is governed by these terms and conditions as posted on our Website from time to time.
2.   Registration In order to become an Affiliate you must complete our online application form. We reserve the right, at our absolute discretion to reject any application to become an Affiliate. We take the issue of privacy very seriously and to the extent that any information that you provide as part of the registration process is Personal Data (as defined in the Data Protection Act 1998) then we shall only deal with such data in accordance with our Privacy Policy.
Businesses that are VAT registered must insert their VAT number in the application form. If the VAT number is subsequently changed or cancelled, affiliates should notify us at [enter email address].
3.   Links
To become an Affiliate you must include the banners, buttons, interactive buttons and text links (the Links) as we recommend from time to time on your Website. The Links can be found on the Affiliate Administration Console of our Website. Any of the Links will allow your end-users to navigate directly to our Website. You agree that we must control the appearance of the Links and the way in which the Links operate. As such you must ensure that:

(a) you only represent the latest available Links in the format that they are made available to you and you must not alter or amend the Links in any way unless agreed in advance with us;
(b) you only use the Links to link to our Website; and
(c) you visit our Website regularly to ensure that you are complying with (a) and (b) above.
We reserve the right to change the appearance of the Links and the manner in which you link to our Website regularly so we recommend that you visit at least once per month. We hereby grant you a non-exclusive, non-transferable licence to include the Links on your Website such licence to be terminable by us at any time. On termination of this licence you agree to remove the Links immediately. 4.    Payment
Within 10 days of the end of each calendar quarter, we will send by email confirmation of amount owed, unless no commissions have been earned. Unless the amount is less than £50, we will send payments to you for commissions on completed sales, at the rate published on our Website, within 10 days of the end of the calendar quarter. Each calendar quarter ends at the end of these months: March, June, September and December. If the amount due to you is less than £50, then we will retain your payment until you have reached £50 and then send payment within 10 days of the end of that calendar quarter. We may make changes to the commission rates that we pay to Affiliates under this Agreement (either up or down) so we advise you to consult the our Website regularly. Any change in the fees will take effect at the end of the particular month in which the change was first posted on our Website.
In order to simplify the administration process, and not delay payments, we require affiliates to agree to us "self billing" you. As we will "self bill" you for commissions payable, VAT invoices must not be issued by you for commissions. A copy of the "self bill" invoice will be sent with each commission cheque.
You will be entirely responsible for any taxation that may be payable as a result of the payment of fees under this Agreement.
5.    Copyright
The contents of our Website and the Links are protected by intellectual property and legislation and all rights in our Website and the Links are reserved to us or other third party licensors.
6.   Availability of Our Website
We will endeavour to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device. Should we find that you have done or attempted to do any of the above actions, or that you have in bad faith, contrary to these terns and conditions or illegally referred customers to our Website in an attempt to obtain additional revenues from us, we will terminate this agreement immediately. In these circumstances we reserve the right to seek remedies from you, including without limitation, withholding any payments due to you.
7.    Warranties
You hereby warrant to us that you will not include any of the following on your Website:
(a) any illegal material;
(b) any obscene or sexually explicit material;
(c) any violent, discriminatory, threatening or abusive material;
(d) any material which is blasphemous or defamatory in any way or which in any way detracts from our Website; and
(e) any material that infringes the Intellectual Property of any third party.
We limit our liability to you under this agreement to a maximum of £500.00 (five hundred pounds) and will not be liable for any indirect or consequential loss, loss of profit or goodwill, loss of profits or loss of data (whether direct or indirect) save that the above limitation does not apply for death or personal injury arising due to our negligence. You acknowledge that you are solely responsible for the technical operation of your Website and all related equipment. 8.   Audit
We reserve the right to conduct an audit of your technical and related equipment and your records for the purposes of determining and confirming the traffic in relation to the Links and any amounts owing to you.
 9.   Termination
Either party may terminate this agreement at any time upon giving written notice to the other. Termination of this Agreement shall be without prejudice to any rights of the parties accrued up to the date of termination. The term of this Agreement will begin upon our acceptance of your Online Application and will end when terminated by either part in accordance with this Agreement. 10.   General
We may assign or subcontract any or all of our rights and obligations under these terms and conditions. You may assign this agreement and your rights and obligations under it only with our prior written consent. We may alter these terms and conditions from time to time and post the new version on our Website. Any such changes will take effect at the end of the month in which they are posted on our Website unless otherwise indicated. If you continue to maintain the Link after that time then you will be deemed to have accepted the change in question. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them. These terms and conditions constitute the entire agreement between you and us. These terms and conditions supersede all prior oral and written understandings between you and us (other than your acceptance of the terms and conditions for operation of our Website), in particular in relation to the use of the Links. These terms and conditions and your use of the Links are governed by the laws of England and you submit to the exclusive jurisdiction of the English courts. You may not make any public announcement with respect to this Agreement or your participation in the affiliate program without our prior written consent, which may be withheld in our sole discretion. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose. 11.   Notices
All notices relating to the Affiliate Program shall be given by email to us at [enter email address] or, to you at either the email or postal address you provide during the registration process. Notice will be deemed received 24 hours after email is sent or 3 days after the date of posting.

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