top of page

How to set up affiliate links with contract template

Updated: May 3, 2024

Here are the general steps for setting up an affiliate link

  1. Join an affiliate program: The first step is to join an affiliate program for the product you would like to promote. There are many affiliate programs available, including Amazon Associates, Commission Junction, ShareASale, and many more.

  2. Obtain your affiliate link: Once you have joined an affiliate program, you will be given a unique affiliate link. This link will contain a tracking code that allows the merchant to track sales made through your link.

  3. Insert the affiliate link into your blog post: After you have obtained your affiliate link, you can insert it into your blog post. This can typically be done by highlighting the text you would like to turn into a link, clicking the hyperlink button in your blog editor, and then pasting in your affiliate link.

  4. Disclose your use of affiliate links: It's important to disclose to your readers that you are using affiliate links in your blog post. You can do this by adding a disclosure statement at the beginning of your post or by using a disclosure statement on your website.

  5. Promote your post: Once you have added your affiliate link to your blog post, you can promote it through social media, email, and other marketing channels to help drive traffic and sales through your link.



It's important to note that different affiliate programs have different rules and requirements, so be sure to review the terms of your chosen program carefully before promoting any products. Additionally, make sure that you comply with any legal requirements for disclosing your use of affiliate links in your content.


If the link you want to use is from an individual or a business that does not have an established affiliate program, you can still use the link as an affiliate link. However, in this case, you would need to reach out to the individual or business and negotiate a commission or other compensation for any sales made through your link. Sample contract below.


To protect both parties, it's recommended that you create a contract that outlines the terms of your agreement, including the commission or compensation rate, payment schedule, and any other relevant details. The contract should also include a provision that specifies how long the agreement will be in effect and what happens if either party decides to terminate the agreement.


When creating a contract, it's a good idea to consult with a lawyer to ensure that it is legally enforceable and covers all the necessary details. You can also find templates for affiliate marketing contracts online, but it's important to review and customize the template to suit your specific situation.


Keep in mind that when using an affiliate link for a product or service, it's important to be transparent with your audience and disclose that you may receive a commission or compensation for any sales made through your link. This can be done through a disclosure statement on your website or at the beginning of your blog post. This text will serve as such for the links contained below.


Here are some key components to consider when creating an affiliate agreement:


  1. Commission: This section should outline the commission or compensation rate that the affiliate will receive for each sale made through their unique affiliate link. You should also specify the payment schedule and any relevant details, such as how payments will be made and any minimum thresholds that must be met before payment is released.

  2. Term: This section should specify how long the agreement will be in effect and what happens when the term expires. You should also include a clause that outlines how the agreement can be terminated by either party.

  3. Obligations of the parties: This section should outline the obligations of both parties. For example, the affiliate should agree to promote the product or service through their network and social media channels, and the company should agree to provide support, training, and marketing materials as needed.

  4. Use of trademarks: This section should specify how the affiliate can use the company's trademarks, logos, and other intellectual property. You should include guidelines for proper usage and make it clear that the affiliate does not have the right to use the company's trademarks in any other way.

  5. Representations and warranties: This section should include representations and warranties by both parties. For example, the company should represent that the product or service is of high quality and complies with all applicable laws and regulations, and the affiliate should represent that they will comply with all relevant laws and regulations in promoting the product or service.

  6. Limitation of liability: This section should outline the limits of liability for both parties. You should specify that the company is not liable for any damages that result from the affiliate's promotion of the product or service, and that the affiliate is not liable for any damages that result from the product or service itself.

  7. Governing law and jurisdiction: This section should specify the governing law and jurisdiction that will apply to the agreement. You should also specify any dispute resolution mechanisms that will be used, such as arbitration or mediation.



Please note that this is not an exhaustive list of all the components that should be included in an affiliate agreement, and the exact content of the agreement will depend on the specific details of your arrangement. It's important to consult with a lawyer to ensure that your agreement is legally binding and covers all the necessary details.



Some additional sections that you may want to include in your affiliate agreement:


  1. Non-compete and non-solicitation: This section can include clauses that prohibit the affiliate from promoting or selling competing products or services during the term of the agreement, or for a certain period after the agreement expires or is terminated. It can also include clauses that prohibit the affiliate from soliciting the company's customers or employees.

  2. Confidentiality: This section can outline the obligations of both parties to maintain the confidentiality of any proprietary or confidential information that they may be exposed to during the course of the agreement.

  3. Marketing guidelines: This section can include guidelines for the affiliate to follow when promoting the product or service, such as approved messaging and branding, and any limitations on how the product or service can be marketed.

  4. Indemnification: This section can outline the responsibilities of both parties to indemnify and hold harmless the other party from any damages, liabilities, or claims that arise out of the affiliate's promotion of the product or service.

  5. License and intellectual property: This section can include clauses that specify the rights of the affiliate to use the company's intellectual property, such as trademarks, logos, and other branding materials. It can also include clauses that specify the rights of the company to use any content or marketing materials that the affiliate creates.

  6. Termination and consequences: This section can outline the consequences of termination or expiration of the agreement, such as the affiliate's obligation to remove any references to the product or service from their website or marketing materials, and any rights the company may have to continued use of the affiliate's content.


There are a number of online resources that provide templates for affiliate agreements that you may find helpful to get started.


Here are a few options:


1. LawDepot: This website offers a wide variety of legal forms and documents, including templates for affiliate agreements. They have options for different types of affiliate programs, such as pay-per-click and pay-per-sale, and you can customize the agreement to suit your needs. See LawDepot brand Partnership Agreements as an example.


3. Rocket Lawyer: This website provides legal services and templates for a variety of legal documents, including affiliate agreements. You can choose from a variety of templates and customize them to your needs, or work with an attorney to create a customized agreement.


It's important to note that these templates may not be suitable for your specific needs and you may need to make adjustments or seek legal advice to ensure that the agreement is legally binding and meets all legal requirements in your jurisdiction.


Here is a sample agreement to get your started in establishing an affiliate program with a business or an individual that does not already offer one.


****Disclaimer: These materials have been prepared for general informational purposes only, and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.




 
 
 

Recent Posts

See All

Comments


bottom of page