Affiliate Agreement Template for United States

An Affiliate Agreement sets up the formal partnership between a company and its promotional partners in the Philippines. It spells out how affiliates can market products or services, earn commissions, and represent the brand while following local e-commerce regulations and the E-Commerce Act of 2000.

These agreements protect both parties by clearly defining payment terms, performance targets, and marketing guidelines. They typically cover important details like commission structures, payment schedules, intellectual property usage, and compliance with Philippine consumer protection laws. Companies often use these contracts to build their online presence through trusted local partners.

Use an Affiliate Agreement when launching an online marketing program through third-party promoters in the Philippines. This becomes essential before allowing others to promote your products or services through their websites, social media channels, or other digital platforms.

Timing is crucial - put this agreement in place before any affiliate starts marketing activities. It's particularly important for e-commerce businesses, digital service providers, and companies expanding their online presence through local partners. The agreement helps comply with Philippine e-commerce laws while protecting your brand and establishing clear commission structures upfront.

• Affiliate Partnership Agreement: Most comprehensive format for long-term marketing partnerships, including detailed revenue sharing and performance metrics.
• Business Affiliate Agreement: Tailored for B2B relationships, focusing on corporate branding guidelines and enterprise-level commission structures.
• Affiliate Referral Agreement: Simplified version for one-time or short-term referral arrangements, with straightforward commission terms and limited marketing scope.

• E-commerce Companies: Online retailers, digital service providers, and tech companies who want to expand their reach through affiliate marketing networks in the Philippines
• Content Creators: Bloggers, social media influencers, and website owners who promote products or services in exchange for commissions
• Legal Departments: In-house counsel who draft and review these agreements to ensure compliance with Philippine e-commerce laws
• Marketing Teams: Managers who oversee affiliate programs and monitor performance metrics
• Finance Teams: Staff responsible for processing commission payments and tracking affiliate earnings

• Commission Structure: Define exact payment rates, tracking methods, and payout schedules aligned with Philippine banking regulations
• Marketing Guidelines: List approved promotional methods, content restrictions, and brand usage rules
• Performance Metrics: Establish clear targets, reporting requirements, and evaluation criteria
• Legal Requirements: Gather business registration details, tax information, and e-commerce compliance documents
• Technical Setup: Document tracking codes, reporting tools, and payment processing systems
• Platform Details: Use our template generator to ensure all essential elements are included and legally sound under Philippine law

• Identification Section: Full legal names and business details of both the company and affiliate partner
• Commission Terms: Clear payment structures, calculation methods, and payout schedules compliant with Philippine tax laws
• Marketing Guidelines: Approved promotional methods and content restrictions under local advertising regulations
• Confidentiality Clause: Data protection provisions aligned with Philippine privacy laws
• Term and Termination: Agreement duration, renewal options, and cancellation procedures
• Dispute Resolution: Jurisdiction choice and conflict resolution methods under Philippine law
• Compliance Statement: Adherence to E-Commerce Act requirements and consumer protection laws

An Affiliate Agreement differs significantly from a Agency Agreement in several key aspects, though both involve third-party representation. While both documents establish business relationships, they serve distinct purposes under Philippine law.

• Legal Authority: Agency Agreements grant the agent legal power to act on behalf of the principal, while Affiliate Agreements only allow promotion without binding authority
• Compensation Structure: Affiliates typically earn performance-based commissions on sales, whereas agents often receive fixed fees or retainers
• Liability Scope: Agents can legally bind their principals in transactions, but affiliates cannot create legal obligations for the company they promote
• Regulatory Requirements: Agency relationships face stricter regulatory oversight under Philippine commercial laws, while affiliate relationships mainly focus on marketing compliance