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Affiliate Referral Agreement Template for United States

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Key Requirements PROMPT example:

Affiliate Referral Agreement

"I need an Affiliate Referral Agreement for my SaaS company that includes strict data protection clauses and specific commission tiers based on subscription length, with a focus on European market expansion starting January 2025."

Document background
The Affiliate Referral Agreement serves as a fundamental document in modern digital marketing and e-commerce landscapes. It is particularly relevant when businesses seek to expand their reach through third-party promoters while maintaining control over their brand and marketing practices. This contract type is essential for companies operating in the United States who want to establish clear guidelines for their affiliate programs, ensuring compliance with FTC regulations and state-specific marketing laws. The agreement typically includes detailed provisions for tracking referrals, calculating commissions, protecting intellectual property, and maintaining brand integrity. It's designed to create a mutually beneficial relationship while protecting both parties' interests and ensuring regulatory compliance in the increasingly complex digital marketing environment.
Suggested Sections

1. Parties: Identification of the company and affiliate, including full legal names and addresses

2. Background: Context of the agreement and brief description of the affiliate program

3. Definitions: Key terms used throughout the agreement including 'Referred Customer', 'Commission', 'Qualified Referral'

4. Appointment and Scope: Terms of affiliate appointment and permitted activities

5. Commission Structure: Payment terms, rates, and calculation methods

6. Obligations and Responsibilities: Duties of both parties, including marketing guidelines and compliance requirements

7. Term and Termination: Duration of agreement and termination conditions

8. Confidentiality: Protection of proprietary information

Optional Sections

1. Non-Compete: Restrictions on promoting competing products when protecting against competition is crucial

2. International Operations: Rules for cross-border affiliate activities when program operates internationally

3. Compliance Training: Required training programs for affiliates when offering complex products or in regulated industries

Suggested Schedules

1. Commission Schedule: Detailed breakdown of commission rates and tiers

2. Marketing Guidelines: Approved marketing practices and brand usage rules

3. Prohibited Activities: List of forbidden marketing tactics and behaviors

4. Reporting Templates: Standard forms for tracking referrals and commissions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses


























Industries

FTC Regulations: Federal Trade Commission regulations including Guidelines for Endorsements and Testimonials, Truth in Advertising regulations, disclosure requirements under 16 CFR ยง 255, and CAN-SPAM Act compliance for email marketing

State-Specific Laws: Individual state regulations covering advertising, marketing, contract laws, and consumer protection measures that vary by jurisdiction

Data Privacy Laws: Privacy regulations including CCPA (California), state-specific data privacy laws, and COPPA for minor protection, governing the collection and handling of personal information

Digital Marketing Laws: Federal and state regulations governing online marketing practices, including requirements for transparent disclosure of affiliate relationships and restrictions on deceptive marketing

Contract Law Basics: Fundamental contract law requirements including Uniform Commercial Code (UCC), state-specific contract formation requirements, and Statute of Frauds compliance

Tax Regulations: IRS regulations and state tax requirements regarding affiliate income reporting, commission payments, and Form 1099 obligations

Intellectual Property Laws: Laws governing trademark protection, copyright compliance, and brand usage guidelines in affiliate marketing relationships

Anti-Spam Legislation: CAN-SPAM Act requirements and state-specific anti-spam laws governing electronic communications in affiliate marketing

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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