Affiliate Marketing Agreement Template for Denmark

The Affiliate Marketing Agreement is essential for businesses operating affiliate marketing programs in Denmark or under Danish jurisdiction. This document establishes the legal and operational framework for collaboration between merchants and affiliates who promote their products or services. It's particularly relevant in the digital economy where businesses seek to expand their reach through partner marketing channels. The agreement ensures compliance with Danish marketing laws, data protection regulations, and e-commerce requirements while protecting both parties' interests. It covers crucial elements such as commission structures, payment terms, marketing guidelines, and compliance requirements, making it suitable for both domestic and international affiliate relationships subject to Danish law.

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

2. Background: Context of the agreement, describing the merchant's business, the affiliate marketing program, and the parties' intentions

3. Definitions: Key terms used throughout the agreement, including 'Qualified Sales', 'Commission', 'Tracking System', 'Marketing Materials', etc.

4. Appointment and Scope: Terms of the affiliate's appointment, territory, and whether the relationship is exclusive or non-exclusive

5. Affiliate Obligations: Core responsibilities of the affiliate, including marketing standards, compliance requirements, and prohibited activities

6. Merchant Obligations: Merchant's responsibilities, including providing marketing materials, maintaining tracking systems, and product availability

7. Commission Structure: Detailed explanation of commission rates, calculation methods, and qualifying criteria for sales

8. Payment Terms: Payment frequency, methods, currency, minimum payout thresholds, and handling of refunds/chargebacks

9. Compliance with Laws: Requirements for compliance with Danish marketing laws, GDPR, and disclosure requirements

10. Intellectual Property: Usage rights for trademarks, marketing materials, and content ownership

11. Term and Termination: Agreement duration, renewal terms, and termination rights

12. Confidentiality: Protection of confidential information and trade secrets

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. General Provisions: Standard clauses including notices, amendments, assignment, and governing law