Affiliate Agreement Template for England and Wales

An Affiliate Agreement sets out the terms between a company and its marketing partners who promote products or services in exchange for commissions. These contracts spell out how affiliates can advertise, what commissions they'll earn, and when they'll get paid - making them essential for online businesses and digital marketing campaigns in the UK.

Under English law, these agreements protect both parties by clearly defining intellectual property rights, payment structures, and promotional guidelines. They typically include clauses about data protection compliance, anti-spam rules, and requirements under the UK's advertising regulations. Good affiliate agreements help prevent disputes and ensure everyone knows their responsibilities.

Use an Affiliate Agreement when launching any marketing program where third parties will promote your products or services for commission. This becomes essential before allowing affiliates to start advertising your brand, especially for e-commerce businesses, subscription services, or digital product sales in the UK market.

Put this agreement in place immediately when recruiting affiliates, expanding into new marketing channels, or partnering with influencers. It protects your brand by setting clear rules about promotional methods, commission structures, and payment terms while ensuring compliance with UK advertising standards and data protection laws. Many businesses need this when scaling their digital presence or launching affiliate marketing programs.

• Affiliate Agreement Contract: Standard comprehensive agreement covering all basic commission structures, promotional methods, and payment terms - ideal for most UK businesses starting affiliate programs.
• Affiliate Referral Agreement: Focused specifically on referral-based partnerships, with simpler terms and usually one-time commission payments for successful introductions.
• Participating Affiliate Agreement: More detailed version for large-scale programs with multiple tiers, complex commission structures, and specific performance requirements.

• E-commerce Companies: Business owners and online retailers who want to expand their reach through affiliate marketing channels and need to manage promotional partnerships
• Marketing Affiliates: Individual promoters, bloggers, or influencers who earn commissions by promoting products and services through their platforms
• Digital Marketing Agencies: Firms managing affiliate programs on behalf of clients, often drafting and overseeing multiple affiliate relationships
• Legal Teams: In-house counsel or external solicitors who review and customize agreements to ensure compliance with UK advertising and data protection laws
• Affiliate Networks: Platforms connecting merchants with affiliates, using standardized agreements to manage relationships

• Commission Structure: Define exact commission rates, payment thresholds, and tracking methods for affiliate sales or referrals
• Promotional Guidelines: List approved marketing channels, content rules, and any restricted promotional methods
• Business Details: Gather company registration information, trading names, and contact details for both parties
• Payment Terms: Decide on payment frequency, methods, and minimum payout thresholds
• Compliance Requirements: Note specific UK advertising standards and data protection obligations that affiliates must follow
• Performance Metrics: Define how success will be measured and any minimum performance requirements

• Party Details: Full legal names, registered addresses, and contact information for both merchant and affiliate
• Commission Terms: Clear definition of commission rates, calculation methods, and payment schedules
• Promotional Rules: Specific guidelines for marketing activities, prohibited practices, and brand usage rights
• Term and Termination: Agreement duration, renewal options, and conditions for ending the relationship
• Data Protection: GDPR compliance requirements and data handling procedures
• Governing Law: Explicit statement that English law governs the agreement
• Dispute Resolution: Process for handling disagreements and jurisdiction for legal proceedings

An Affiliate Agreement differs significantly from an Agency Agreement, though both involve third parties promoting or selling products. Here are the key distinctions:

• Legal Relationship: Affiliates are independent promoters with no authority to bind the company, while agents can legally represent and make decisions for the business
• Payment Structure: Affiliate agreements typically offer commission-only payments for successful sales, whereas agency agreements often include retainers, minimum guarantees, or more complex compensation arrangements
• Liability and Control: Agents work under closer supervision and bear more responsibility for their actions, while affiliates operate more independently with limited liability
• Duration and Commitment: Agency agreements usually establish longer-term, more formal relationships, while affiliate agreements tend to be more flexible and easier to terminate