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Affiliate Marketing Agreement

For a creator partnering with a brand to earn commissions through referral links and discount codes — covers commission rates, attribution windows, tracking, clawbacks, and FTC disclosure requirements.

Drafted by a Harvard Law entertainment attorney.

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Is this the right contract for your affiliate deal?

This contract is built for a creator who promotes a brand's products with tracked links or discount codes and earns a commission on the sales those promotions drive. It fits performance-based partnerships where the parties want clear rules for tracking, commission rates, payment timing, and disclosures.

Good fit for

  • Creators earning commission through tracked links or codes
  • Brands running an affiliate or referral program
  • Deals paid on sales rather than a flat fee
  • Partnerships that need clear tracking and attribution rules
  • Ongoing promotions with regular payouts

You may also need

Before you start

It helps to have these details on hand before you create your contract:

  • Creator and brand names
  • The commission rate and what sales it applies to
  • How sales are tracked (links or codes)
  • The attribution or cookie window
  • The payment schedule and any payout threshold
  • Promotion guidelines
  • Term and how either side can end it
  • Who handles required disclosures

What's Inside This Contract

Affiliate program and promotion

Sets how the creator promotes the brand and the rules for doing so.

FTC compliance and disclosures

Covers how affiliate promotions are labeled and who is responsible.

Commissions and payment

Explains the commission rate, how sales are tracked, and when payment is made.

Term and termination

States how long the deal lasts and how either side can end it.

Intellectual property

Addresses use of the brand's marks and any content involved.

Representations and warranties

Each side's promises about authority and following the rules.

Disputes and general provisions

Covers standard terms such as notices, how disputes are handled, and signatures.

Points Worth Negotiating

  • The commission rate and what sales it applies to
  • How sales are tracked and attributed
  • The attribution window for a sale to count
  • When and how commissions are paid
  • Whether there is a minimum payout threshold

Frequently Asked Questions

What is an affiliate marketing agreement?
It is an agreement where a creator promotes a brand's products with tracked links or codes and earns a commission on the sales they help drive.
Who should sign an affiliate marketing agreement?
The creator and the brand both sign. If the creator works through a company, the company signs, and a guardian signs for a creator who is a minor.
How are commissions tracked?
Through unique links or discount codes tied to your account. The agreement explains how sales are attributed and counted toward your commission.
What is an attribution window?
It is the period after someone clicks your link during which a sale still counts toward your commission. Shorter windows mean fewer sales are credited to you.
Do I need to disclose affiliate links?
Yes. Affiliate promotions must be clearly labeled. A good agreement names who is responsible for these disclosures.
What should I have ready before creating it?
Have the creator and brand names, the commission rate and what it applies to, how sales are tracked, the attribution window, the payment schedule, promotion guidelines, the term, and who handles disclosures.
Should I choose the custom contract or the editable template?
Choose the custom contract to answer a few questions and have it filled in for you. Choose the editable template if you prefer a blank version with labeled fields to complete yourself.
What are common warning signs in an affiliate marketing agreement?

These are common issues to watch for in any affiliate marketing agreement:

  • Unclear commission rate or how it is calculated
  • Vague tracking or attribution rules
  • Long or undefined payment delays
  • Brand can change commission terms without notice
  • No clear disclosure responsibility
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