Affiliate Referral Agreement Template for Philippines

The Affiliate Referral Agreement is essential for businesses operating affiliate marketing programs in the Philippines, providing a legally robust framework for managing relationships with marketing partners. This document is particularly relevant in the growing digital economy of the Philippines, where companies increasingly rely on affiliate marketing for customer acquisition. The agreement ensures compliance with Philippine regulations, including the E-commerce Act (RA 8792), Data Privacy Act (RA 10173), and Consumer Protection laws. It covers crucial aspects such as commission structures, payment terms, marketing guidelines, intellectual property rights, data protection, and compliance requirements. The document is designed to protect both the company's interests and the affiliate's rights while establishing clear performance metrics and operational procedures. Use this agreement when establishing new affiliate relationships or formalizing existing arrangements to ensure proper documentation and legal protection under Philippine law.

1. Parties: Identifies and provides full details of the contracting parties - the company offering the affiliate program and the affiliate partner

2. Background: Explains the context of the agreement, including the company's business nature and the purpose of the affiliate program

3. Definitions: Defines key terms used throughout the agreement, including technical terms related to affiliate marketing

4. Appointment and Scope: Establishes the affiliate's appointment and describes the scope of authorized promotional activities

5. Registration and Acceptance: Outlines the process for becoming an affiliate and acceptance criteria

6. Affiliate Obligations: Details the responsibilities and commitments of the affiliate, including promotional guidelines and compliance requirements

7. Company Obligations: Specifies the company's commitments, including providing necessary marketing materials and tracking tools

8. Commission Structure: Defines the commission rates, calculation methods, and qualifying criteria for earning commissions

9. Payment Terms: Specifies payment frequency, methods, minimum payout thresholds, and related conditions

10. Intellectual Property Rights: Addresses the usage rights of trademarks, logos, and marketing materials

11. Confidentiality: Establishes confidentiality obligations regarding business information and customer data

12. Term and Termination: Specifies the agreement duration, renewal terms, and termination conditions

13. Data Protection: Ensures compliance with Philippine data privacy laws and establishes data handling protocols

14. Representations and Warranties: Contains standard legal assurances from both parties

15. Limitation of Liability: Defines the extent and limitations of each party's liability

16. General Provisions: Includes standard legal clauses such as governing law, notices, and amendment procedures