The Website Affiliate Agreement serves as the foundational document for establishing and managing affiliate marketing relationships in the United States. This agreement is essential when businesses want to expand their reach through third-party promotional efforts while maintaining legal compliance and protecting their interests. It addresses crucial aspects such as commission structures, marketing guidelines, FTC disclosure requirements, and performance tracking methods. The document is particularly important given the complex regulatory environment surrounding online marketing in the U.S., including federal and state-specific requirements for affiliate marketing activities.
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1. Parties: Identification of the website owner and affiliate
2. Background: Context of the agreement and brief description of the affiliate program
3. Definitions: Key terms used throughout the agreement including commission, tracking methods, qualified sales, etc.
4. Appointment and Scope: Terms of affiliate appointment and permitted activities
5. Commission Structure: Payment terms, rates, calculation methods, and payment schedule
6. Obligations of Parties: Responsibilities and duties of both website owner and affiliate
7. Term and Termination: Duration of agreement and conditions for termination
8. Compliance Requirements: Legal and regulatory compliance obligations including FTC requirements
1. Non-Competition: Restrictions on competing activities during and after the agreement term
2. International Operations: Specific provisions for affiliates operating across multiple jurisdictions
3. Special Promotions: Terms and conditions for specific promotional campaigns and seasonal offers
1. Commission Schedule: Detailed breakdown of commission rates, tiers, and special incentives
2. Approved Marketing Materials: List of pre-approved promotional content, guidelines, and brand requirements
3. Technical Requirements: Technical specifications for implementing affiliate links and tracking mechanisms
4. Compliance Guidelines: Detailed FTC compliance requirements and disclosure templates for affiliate marketing
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