Affiliate Agreement Generator for Hong Kong

An Affiliate Agreement sets out the terms when one company promotes another's products or services for a commission in Hong Kong. It details how affiliates can market the products, what compensation they'll receive, and the rules they must follow under local advertising and consumer protection laws.

These agreements protect both parties by clearly spelling out performance targets, payment schedules, and intellectual property rights. They're especially important for Hong Kong e-commerce businesses and digital marketers who need to comply with the Trade Descriptions Ordinance and Personal Data Privacy Ordinance while running affiliate programs.

Use an Affiliate Agreement when your business wants to partner with marketers or influencers to promote products in Hong Kong. This becomes essential before launching any affiliate marketing program, particularly for e-commerce platforms, digital service providers, or businesses expanding their online presence.

The agreement needs to be in place when working with multiple affiliates, handling performance-based commissions, or managing cross-border promotions. It's crucial for protecting your brand and intellectual property while ensuring affiliates comply with Hong Kong's advertising standards and data privacy requirements. Having it ready before starting promotions helps avoid disputes about commission rates and marketing guidelines.

• Affiliate Contract: Basic agreement for direct product promotion and sales commission structures, commonly used by retail and e-commerce businesses
• Affiliate Referral Agreement: Specialized version focusing on lead generation and referral networks, often used in B2B services and professional industries
• Participant Consent Form: Supplementary document for affiliate marketing programs requiring explicit participant consent under Hong Kong privacy laws

• E-commerce Companies: Act as program owners who create and manage affiliate programs, setting commission rates and marketing guidelines
• Digital Content Creators: Serve as affiliates promoting products through blogs, social media, or websites in exchange for commissions
• Marketing Agencies: Often manage affiliate programs on behalf of businesses and coordinate with multiple affiliates
• Legal Counsel: Draft and review Affiliate Agreements to ensure compliance with Hong Kong's advertising and consumer protection laws
• Compliance Officers: Monitor affiliate activities and ensure adherence to data privacy regulations and marketing standards

• Commission Structure: Define exact payment rates, tracking methods, and payout schedules for affiliate performance
• Marketing Guidelines: List approved promotion methods, content restrictions, and required disclosures under Hong Kong advertising laws
• Affiliate Details: Gather business registration, bank information, and contact details for all participating parties
• Performance Metrics: Specify tracking methods, reporting requirements, and minimum performance standards
• Data Protection: Outline data handling procedures compliant with Hong Kong's Personal Data Privacy Ordinance
• Platform Tools: Use our automated system to generate a customized agreement that includes all required elements and local compliance measures

• Party Identification: Full legal names, business registration numbers, and authorized representative details
• Commission Terms: Clear payment structures, calculation methods, and payout conditions
• Marketing Rules: Permitted promotional activities and compliance with Trade Descriptions Ordinance
• Data Protection: Privacy measures aligned with Hong Kong's PDPO requirements
• Term and Termination: Agreement duration, renewal options, and exit conditions
• Dispute Resolution: Hong Kong jurisdiction, mediation procedures, and governing law
• Intellectual Property: Usage rights, brand guidelines, and content ownership terms

While both documents govern business relationships, an Affiliate Agreement differs significantly from an Agency Agreement in several key aspects under Hong Kong law. Understanding these differences helps you choose the right agreement for your business needs.

• Legal Authority: Agency Agreements grant the agent authority to legally bind the principal, while affiliates can only promote products without making binding commitments
• Payment Structure: Affiliates typically earn performance-based commissions on successful sales or leads, whereas agents often receive fixed fees or retainers
• Liability Scope: Agents bear higher legal responsibility and fiduciary duties to their principal, while affiliates have limited liability focused mainly on marketing compliance
• Relationship Duration: Agency Agreements usually establish longer-term, deeper business relationships, while Affiliate Agreements often focus on specific marketing campaigns or product promotions