Free Affiliate Terms and Conditions Template

Affiliate Terms and Conditions

Please read these affiliate terms and conditions carefully before applying to join our affiliate programme.

1. Definitions

1.1 In these affiliate terms and conditions:

(a) "we", "us", "our", and "the Merchant" refer to [your company name], a company registered in [England / England and Wales / Scotland / Northern Ireland] under registration number [company registration number], whose registered office is at [registered office address];

(b) "you", "your", and "the Affiliate" refer to the individual or business entity accepted into our affiliate programme;

(c) "Affiliate Programme" means the referral and commission arrangement described in these terms and conditions, operated by the Merchant;

(d) "Affiliate Link" means any unique tracking URL, code, or other identifier issued to you by us for the purpose of tracking referrals;

(e) "Commission" means the payment earned by the Affiliate on Qualifying Sales in accordance with the commission structure set out in clause 6;

(f) "Qualifying Sale" means a completed and confirmed sale of a product or service made by a customer who was referred through your Affiliate Link and which satisfies the conditions set out in these terms, including the applicable cookie window and attribution rules;

(g) "Cookie Window" means the period of [30 / 60 / 90] days following a customer's click on your Affiliate Link during which a subsequent purchase will be attributed to you;

(h) "Affiliate Dashboard" means the online portal or interface through which you can access your referral statistics, commission reports, and payment information;

(i) "Promotional Materials" means any banners, text links, logos, product images, or other marketing assets provided by us for use in promoting our products or services;

(j) "Prohibited Methods" means the promotional practices described in clause 5 of these terms.

2. Enrolment and acceptance

2.1 To apply to join our Affiliate Programme, you must complete the application form on our website at [affiliate programme URL] and provide accurate and complete information about yourself and your promotional methods.

2.2 We reserve the right to accept or reject any application at our sole discretion. We are not required to provide reasons for rejecting an application.

2.3 We may consider the following factors when reviewing your application: the nature and content of your website or platform, your traffic sources, your promotional methods, the relevance of your audience to our products or services, and your compliance history with other affiliate programmes.

2.4 By submitting your application, you confirm that:

(a) you are at least 18 years of age;

(b) you have the legal capacity and authority to enter into a binding agreement;

(c) if you are applying on behalf of a business, you have the authority to bind that business to these terms;

(d) the information you have provided in your application is true, accurate, and complete; and

(e) you have read, understood, and agree to be bound by these affiliate terms and conditions.

2.5 Acceptance into the Affiliate Programme does not create an employment relationship, partnership, joint venture, or agency relationship between you and us. You are an independent contractor and are solely responsible for your own tax obligations.

3. Affiliate obligations

3.1 Promotional standards. You must promote our products and services in a professional, ethical, and lawful manner. All promotional content must be accurate, not misleading, and consistent with any Promotional Materials or product descriptions we provide.

3.2 You must not make any claims, representations, or warranties about our products or services that are false, exaggerated, unsubstantiated, or that we have not expressly authorised in writing.

3.3 You must not disparage or make defamatory statements about our business, our products or services, our employees, or our other affiliates.

3.4 Disclosure requirements. You must clearly and prominently disclose your affiliate relationship with us in any content where you promote our products or services or include Affiliate Links. This disclosure must comply with the ASA/CAP Code, the Competition and Markets Authority guidance on online endorsements, and any other applicable UK regulations.

3.5 At a minimum, your disclosure must:

(a) be placed prominently before any affiliate link or at the beginning of any content containing affiliate promotions;

(b) use clear and unambiguous language, such as "This post contains affiliate links" or "I earn a commission if you purchase through these links"; and

(c) not be hidden behind expandable sections, placed only in footers, or otherwise obscured.

3.6 No spam. You must not promote our products or services through unsolicited emails, text messages, direct messages, or any other form of spam. All email marketing must comply with the Privacy and Electronic Communications Regulations 2003, and recipients must have given valid, prior consent to receive such communications.

3.7 You must not promote our products or services through any method that involves deception, coercion, harassment, or undue pressure.

3.8 You are solely responsible for the content of your website, social media accounts, and other platforms. We accept no liability for content published by you in connection with the Affiliate Programme.

4. Prohibited content

4.1 You must not place Affiliate Links on websites or platforms that contain or promote:

(a) content that is unlawful, defamatory, obscene, threatening, abusive, or discriminatory;

(b) content that infringes any third party's intellectual property rights;

(c) content that promotes violence, hatred, or illegal activity;

(d) sexually explicit material (unless expressly authorised by us in writing);

(e) malware, spyware, or any other harmful software; or

(f) any content that could bring our brand or reputation into disrepute.

5. Prohibited methods

5.1 PPC brand bidding. You must not bid on, purchase, or otherwise use our company name, brand names, product names, trade marks, or any misspellings or variations thereof as keywords in pay-per-click (PPC) advertising campaigns on any search engine or advertising platform, including but not limited to Google Ads, Microsoft Advertising, and social media advertising platforms, unless we have given you express written permission to do so.

5.2 Cookie stuffing. You must not use any technique, script, or technology that sets or drops affiliate tracking cookies on a user's device without that user's genuine, informed click on an Affiliate Link. This includes, but is not limited to, iframe stuffing, hidden image pixels, forced clicks, pop-unders that trigger cookie placement, and any other form of cookie stuffing or cookie dropping.

5.3 Trademark misuse. You must not register, use, or otherwise exploit any domain name, social media handle, username, or other online identifier that contains or is confusingly similar to our trade marks, brand names, or company name. You must not create websites, landing pages, or social media profiles that impersonate or could reasonably be mistaken for our official channels.

5.4 Incentivised traffic. You must not offer cash, points, rewards, or other incentives to users in exchange for clicking on your Affiliate Links or making purchases, unless we have given you express written permission to participate as an incentivised or cashback affiliate.

5.5 Adware and toolbars. You must not promote our products or services through adware, browser toolbars, browser extensions, or any software that modifies a user's browsing experience without their informed consent.

5.6 Automated or fraudulent activity. You must not use bots, scripts, automated software, click farms, or any other artificial means to generate clicks, impressions, leads, or sales. Any affiliate activity that we reasonably determine to be fraudulent will result in immediate termination and forfeiture of all unpaid commissions.

6. Commission structure and rates

6.1 We will pay you a Commission on each Qualifying Sale in accordance with the following commission structure:

(a) [Standard commission: [X]% of the net sale value (excluding VAT, delivery charges, and any applicable discounts or credits) for each Qualifying Sale]; or

(b) [Flat-rate commission: a fixed payment of [amount] per Qualifying Sale]; or

(c) [Tiered commission: [X]% for [0-50] Qualifying Sales per calendar month, [Y]% for [51-100] Qualifying Sales per calendar month, and [Z]% for [101+] Qualifying Sales per calendar month].

6.2 Commission is earned only on Qualifying Sales that are completed and confirmed. A sale is confirmed when the applicable refund period has expired without the customer requesting a refund, cancellation, or chargeback.

6.3 Commission is not payable on:

(a) sales that are subsequently refunded, cancelled, or charged back, whether in whole or in part;

(b) sales generated through Prohibited Methods or in breach of these terms;

(c) sales to customers who are your employees, contractors, family members, or associates;

(d) sales of gift cards, vouchers, or store credit, unless otherwise specified;

(e) any taxes, duties, delivery charges, or other ancillary charges included in the transaction; or

(f) sales generated after termination of your participation in the Affiliate Programme.

6.4 We reserve the right to modify commission rates at any time by giving you at least [14 / 30] days' prior written notice. The new rates will apply to Qualifying Sales made on or after the effective date of the change.

7. Tracking and attribution

7.1 Referrals will be tracked using cookies placed on the customer's device when they click your Affiliate Link. The Cookie Window is [30 / 60 / 90] days from the date of the click.

7.2 Attribution is on a [last-click / first-click] basis. If a customer clicks more than one Affiliate Link from different affiliates, the Commission will be attributed to the affiliate whose link was clicked [last / first] within the Cookie Window.

7.3 We are not responsible for tracking failures caused by the customer's browser settings, cookie blockers, ad blockers, privacy tools, VPNs, or any other technology that prevents tracking cookies from being set or read.

7.4 If a customer clears their cookies, uses a different device, or otherwise disrupts the tracking mechanism, we will not be liable for any resulting loss of attribution.

7.5 Any disputes regarding tracking or attribution must be raised within [30 / 60] days of the relevant transaction. We will investigate disputes in good faith and our determination will be final.

8. Payment terms and thresholds

8.1 Commissions will be paid [monthly / bi-monthly], in arrears, within [30 / 45 / 60] days of the end of the calendar month in which the Commission was confirmed.

8.2 The minimum payment threshold is [amount]. If your accrued Commission does not reach the minimum threshold in any payment period, the balance will carry forward to the next payment period.

8.3 Payments will be made by [bank transfer (BACS) / PayPal / other payment method] to the account details you provide in your Affiliate Dashboard. You are responsible for ensuring that your payment details are accurate and up to date.

8.4 All Commissions are stated exclusive of VAT. If you are registered for VAT, you must provide us with a valid VAT invoice for each payment and we will pay the applicable VAT in addition to the Commission.

8.5 You are solely responsible for reporting and paying any income tax, National Insurance contributions, VAT, or other taxes due on your Commission payments. We may be required to report payments made to you to HM Revenue and Customs.

8.6 We reserve the right to withhold or delay payment if we reasonably suspect fraudulent activity, breach of these terms, or if any Commission is under review or dispute.

9. Reporting

9.1 You will have access to your Affiliate Dashboard where you can view real-time or near-real-time reports on clicks, referrals, conversions, Commission earned, and payment status.

9.2 We will use reasonable efforts to ensure that the data in the Affiliate Dashboard is accurate and up to date, but we do not guarantee the accuracy of real-time data. Confirmed data for any calendar month will be finalised within [7 / 14] days of the end of that month.

9.3 If you believe there is a discrepancy in your reports, you must notify us in writing within [30] days of the date you first became aware of the discrepancy. We will investigate in good faith and our decision will be final in the absence of manifest error.

10. Intellectual property and brand usage

10.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to use our Promotional Materials solely for the purpose of promoting our products and services as part of the Affiliate Programme and in accordance with these terms.

10.2 You must not alter, modify, distort, or otherwise change our Promotional Materials, logos, or trade marks without our prior written consent.

10.3 You must not use our trade marks, brand names, logos, or any confusingly similar marks in your domain names, business names, social media handles, or page titles.

10.4 All intellectual property rights in our Promotional Materials, trade marks, logos, and brand assets remain our exclusive property. Nothing in these terms grants you any ownership rights or any licence beyond the limited licence set out in clause 10.1.

10.5 The licence granted under clause 10.1 will terminate immediately upon termination of your participation in the Affiliate Programme. Upon termination, you must cease all use of our Promotional Materials within [7] days.

11. Data protection

11.1 Both parties must comply with their respective obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in connection with any personal data processed in relation to the Affiliate Programme.

11.2 You must have a lawful basis for any personal data you process in connection with your promotional activities for the Affiliate Programme, and you must maintain a compliant privacy policy on your website or platform that accurately describes your data processing practices.

11.3 You must not collect, process, or store any personal data of our customers except where that data is collected independently through your own website or platform and in accordance with your own privacy policy and applicable data protection law.

11.4 You must not share, sell, or otherwise disclose any data or information about our customers, sales, or business operations that you access through the Affiliate Dashboard or otherwise in connection with the Affiliate Programme, except as required by law.

11.5 We will process your personal data (including your name, email address, payment details, and website URL) for the purposes of administering the Affiliate Programme, in accordance with our privacy policy.

12. ASA/CAP compliance

12.1 All promotional content you create or publish in connection with the Affiliate Programme must comply with the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (the CAP Code) as enforced by the Advertising Standards Authority (ASA).

12.2 In particular, you must ensure that:

(a) all advertisements and promotional content are obviously identifiable as marketing communications;

(b) you do not make misleading claims about our products or services, whether by action, omission, or implication;

(c) any testimonials, reviews, or endorsements you publish are genuine and reflect your honest opinion and experience;

(d) any claims regarding product performance, price, or availability are accurate and verifiable; and

(e) your content does not target or exploit vulnerable consumers, including children.

12.3 If the ASA, CAP, the Competition and Markets Authority, or any other regulatory body contacts either you or us regarding any of your promotional activities, you must notify us immediately and cooperate fully with any investigation or enquiry.

12.4 If we determine that any of your promotional content does not comply with the CAP Code or other applicable regulations, we may require you to remove or amend the content immediately, and failure to do so will constitute a material breach of these terms.

13. Term and termination

13.1 These terms and conditions will take effect on the date your application is accepted and will continue until terminated by either party in accordance with this clause.

13.2 Either party may terminate these terms at any time by giving [14 / 30] days' written notice to the other party by email.

13.3 We may terminate these terms immediately and without notice if:

(a) you breach any provision of these terms and conditions;

(b) we reasonably suspect that you have engaged in fraudulent activity or used Prohibited Methods;

(c) you become insolvent, bankrupt, or enter into administration, liquidation, or any analogous process;

(d) your website or promotional activities cause or are likely to cause reputational harm to our brand; or

(e) we discontinue the Affiliate Programme entirely.

13.4 You may terminate these terms immediately if we fail to pay confirmed Commission within [60] days of the due date, provided you have notified us of the non-payment and we have failed to remedy it within [14] days of your notice.

14. Effects of termination

14.1 Upon termination of these terms for any reason:

(a) you must immediately cease all promotional activity for our products and services;

(b) you must remove all Affiliate Links, Promotional Materials, and our trade marks and logos from your website and platforms within [7] days;

(c) the licence granted under clause 10.1 will terminate immediately;

(d) any Commission that has been confirmed but not yet paid will remain payable, provided it was earned in accordance with these terms and the amount exceeds the minimum payment threshold. We will pay any such outstanding Commission within [30] days of the termination date;

(e) any unconfirmed or pending Commission at the date of termination will be forfeited; and

(f) if termination is due to your breach of these terms or fraudulent activity, all unpaid Commission (whether confirmed or otherwise) will be forfeited.

14.2 Clauses that by their nature should survive termination will continue in force, including clauses relating to intellectual property, data protection, limitation of liability, indemnification, and governing law.

15. Limitation of liability

15.1 Nothing in these terms will limit or exclude liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any liability that cannot lawfully be limited or excluded under the Consumer Rights Act 2015, the Unfair Contract Terms Act 1977, or any other applicable law.

15.2 Subject to clause 15.1, our total aggregate liability to you under or in connection with the Affiliate Programme and these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total Commission payments actually paid to you in the [12] months immediately preceding the event giving rise to the claim.

15.3 Subject to clause 15.1, we will not be liable to you for any:

(a) loss of profits, income, revenue, or anticipated savings;

(b) loss of business, contracts, or commercial opportunities;

(c) loss of data or data corruption;

(d) loss of goodwill or reputation; or

(e) indirect, special, or consequential loss or damage of any kind.

15.4 We will not be liable for any loss or damage arising from tracking failures, cookie blocking, technical errors in our affiliate tracking system, website downtime, or any other event outside our reasonable control.

15.5 We do not guarantee that the Affiliate Programme will generate any particular level of income, referrals, or sales for you.

16. Indemnification

16.1 You will indemnify, defend, and hold harmless us, our directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) your breach of any provision of these terms and conditions;

(b) your promotional activities, including any content you create or publish;

(c) any claim that your promotional content infringes the intellectual property rights or other rights of a third party;

(d) your failure to comply with the CAP Code, the Consumer Protection from Unfair Trading Regulations 2008, or any other applicable law or regulation;

(e) any fraudulent, negligent, or wrongful act or omission by you; or

(f) any claim by a tax authority arising from your failure to account for taxes due on your Commission payments.

16.2 This indemnity will not apply to the extent that any loss or damage arises as a direct result of our own negligence or wilful misconduct.

17. Modification of terms

17.1 We reserve the right to modify these terms and conditions at any time. We will notify you of material changes by email or through the Affiliate Dashboard at least [14 / 30] days before the changes take effect.

17.2 If you do not agree to the modified terms, you may terminate your participation in the Affiliate Programme by giving us written notice before the changes take effect. Your continued participation in the Affiliate Programme after the effective date of the changes constitutes your acceptance of the modified terms.

17.3 Changes to commission rates are governed by clause 6.4 and not by this clause 17.

18. General provisions

18.1 Entire agreement. These terms and conditions, together with any documents expressly referred to in them, constitute the entire agreement between you and us in relation to the Affiliate Programme and supersede all previous agreements, understandings, and arrangements between the parties, whether written or oral.

18.2 Severability. If any provision of these terms is determined by a court or other competent authority to be unlawful, void, or unenforceable, that provision will be deemed severed from these terms and the remaining provisions will continue in full force and effect.

18.3 Waiver. No failure or delay by us in exercising any right or remedy under these terms will operate as a waiver of that right or remedy, nor will any single or partial exercise of any right or remedy preclude any further exercise of that right or remedy or the exercise of any other right or remedy.

18.4 Assignment. You may not assign, transfer, sub-contract, or otherwise dispose of any of your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations under these terms to any third party, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.

18.5 No partnership or agency. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf.

18.6 Third party rights. These terms are not intended to benefit or be enforceable by any person who is not a party to them. The Contracts (Rights of Third Parties) Act 1999 does not apply to these terms.

18.7 Notices. Any notice given under these terms must be in writing and sent by email. Notices to us must be sent to [your email address]. Notices to you will be sent to the email address you provided in your affiliate application or as subsequently updated in your Affiliate Dashboard.

18.8 Force majeure. Neither party will be liable for any failure or delay in performing its obligations under these terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, fire, flood, pandemic, strikes, government action, war, terrorism, power failure, internet or telecommunications failure, or cyberattack.

18.9 Governing law and jurisdiction. These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Any dispute arising under or in connection with these terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

18.10 Complaints and disputes. If you have a complaint or dispute regarding Commission calculations, tracking, or any other aspect of the Affiliate Programme, please contact us at [your email address]. We will endeavour to resolve any complaint within [14] working days of receipt.

This document was created using a template from website-contracts.co.uk.