Affiliate Addendum Template for Austria

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Key Requirements PROMPT example:

Affiliate Addendum

"I need an Affiliate Addendum under Austrian law for my e-commerce platform that sells luxury goods, with strict brand protection requirements and a tiered commission structure ranging from 5% to 15% based on sales volume."

Document background
The Affiliate Addendum is designed for businesses operating affiliate marketing programs in Austria or under Austrian jurisdiction. It supplements existing commercial agreements by specifically addressing affiliate marketing arrangements, ensuring compliance with Austrian e-commerce laws, data protection regulations, and consumer protection requirements. This document becomes necessary when companies want to establish or formalize affiliate marketing relationships, defining commission structures, tracking methodologies, and compliance requirements. The addendum is particularly important in the Austrian context due to specific local regulations regarding online marketing, data protection (DSG/GDPR implementation), and consumer protection. It provides essential provisions for managing affiliate relationships while maintaining regulatory compliance and protecting all parties' interests.
Suggested Sections

1. Parties: Identification of the main agreement parties - typically the merchant/advertiser and the affiliate partner

2. Background: Reference to the main agreement and context for this affiliate addendum

3. Definitions: Key terms specific to affiliate marketing activities, including technical and commercial terms

4. Scope of Affiliate Services: Detailed description of permitted affiliate marketing activities and territories

5. Commission Structure: Definition of commission rates, calculation methods, and payment terms

6. Tracking and Reporting: Technical requirements for tracking sales/leads and reporting mechanisms

7. Compliance Requirements: Marketing guidelines, regulatory compliance, and required disclosures

8. Intellectual Property Rights: Usage rights for brand materials and marketing content

9. Data Protection: GDPR compliance and data handling requirements

10. Term and Termination: Duration of the addendum and termination provisions

11. General Provisions: Integration with main agreement and standard legal provisions

Optional Sections

1. Performance Requirements: Minimum performance standards and consequences of non-achievement - include when working with professional affiliates

2. Exclusivity Provisions: Restrictions on working with competing programs - include when requiring exclusive partnerships

3. International Operations: Special provisions for cross-border activities - include for international affiliate programs

4. Special Promotions: Framework for seasonal or special promotional campaigns - include for retail/e-commerce focused programs

5. Fraud Prevention: Specific anti-fraud measures and monitoring - include for high-value or high-risk programs

6. Training Requirements: Mandatory training or certification requirements - include for complex products or regulated industries

Suggested Schedules

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

2. Approved Marketing Materials: List of pre-approved marketing materials and usage guidelines

3. Technical Integration Guide: Technical specifications for implementing tracking codes and APIs

4. Compliance Checklist: Regulatory requirements and compliance guidelines specific to Austrian law

5. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

6. Prohibited Activities List: Specific marketing activities and methods that are not permitted

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

E-commerce

Retail

Financial Services

Travel and Hospitality

Software and Technology

Online Gaming

Fashion and Apparel

Digital Services

Education and Training

Consumer Goods

Telecommunications

Relevant Teams

Legal

Compliance

Digital Marketing

E-commerce

Sales

Business Development

Finance

Partner Relations

Marketing Operations

Revenue Operations

Relevant Roles

Affiliate Program Manager

Digital Marketing Director

E-commerce Manager

Legal Counsel

Compliance Officer

Commercial Director

Partnership Manager

Digital Sales Manager

Marketing Operations Manager

Business Development Manager

Channel Manager

Revenue Operations Manager

Industries
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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