About this template. Alterion Labs provides this template as a starting point for Customers ("Brand") who run an affiliate program through the Alterion Labs AI Affiliate Marketing Agent. It is the agreement the Brand signs with its own affiliates ("Affiliate") — it is not the agreement between the Brand and Alterion Labs (which lives in our Terms of Service).
The template is intentionally generic and assumes a SaaS or software product distributed via web checkout. Adapt it to your jurisdiction, business model, FTC/EU disclosure regime, and commission economics. Have a licensed attorney review the final version before use. Alterion Labs does not provide legal advice.
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[BRACKETED PLACEHOLDERS]before publishing. Recommended defaults are noted where relevant.
Brand: [LEGAL ENTITY NAME, e.g. Acme, Inc.] ("Brand", "we", "us", "our") Brand address: [REGISTERED ADDRESS] Effective date for this Affiliate: the date the Affiliate accepts these terms electronically.
By applying to, registering for, or participating in the Affiliate Program (the "Program"), the Affiliate ("you", "your") accepts this Affiliate Program Agreement (the "Agreement") and the Brand's separate Affiliate Program Policies (commission, cookie window, prohibited promotional methods, payout schedule). The Policies are incorporated by reference and the Brand may update them from time to time.
If you accept on behalf of an organization, you represent that you have authority to bind it.
You must be eighteen (18) years of age or older and legally able to enter into a contract. You must register a Program account with accurate information, keep credentials confidential, complete any required tax documentation (W-9, W-8BEN, or local equivalent), and provide a valid payout method (PayPal, Wise, Stripe Connect, or bank account, as offered).
Acceptance into the Program is at the Brand's sole discretion and may be revoked at any time. The Brand may require additional information (audience size, promotional plan, sample content) before approving the Affiliate.
Subject to this Agreement, the Brand grants you a limited, non-exclusive, non-transferable, revocable licence to: (a) display the Brand's logos, banners, and approved marketing materials provided through the Program portal solely to promote the Brand's products; and (b) use Affiliate Links and Coupon Codes to refer traffic and conversions.
You receive no other rights in the Brand's name, logos, trademarks, software, models, or content. You must not register, bid on, or use the Brand's trademarks, brand-name keywords, common typos of the Brand name, or confusingly similar terms in any URL, social handle, ad campaign, or app-store listing without the Brand's prior written consent.
You must clearly and conspicuously disclose your affiliate relationship with the Brand wherever you promote, in compliance with the US Federal Trade Commission's Endorsement Guides (16 CFR Part 255), the EU Digital Services Act, the UK Advertising Standards Authority CAP Code, and any other applicable consumer-protection or advertising-disclosure law in your audience's jurisdiction. Examples of compliant phrasing: "#ad", "sponsored", "affiliate link — I earn a commission". The disclosure must be visible before the link, not buried below the fold or hidden in tiny text.
You must not:
The Brand may, at any time, require you to remove a specific promotion or to take down a specific page or campaign.
The Brand uses cookies, local-storage values, server-to-server postbacks, Coupon Codes, and (where enabled) a fingerprint fallback to attribute conversions, as described in the Brand's privacy and cookie notices on its own website. You are not responsible for the Brand's cookie or consent posture on the Brand's site.
A conversion is a Qualifying Conversion only if all of the following are true:
The last-click model applies by default: if multiple Affiliates' identifiers are present in the Cookie Window, the most recent click wins, unless the Brand specifies otherwise in the Program Policies. Cleared cookies, blocked storage, or opted-out tracking signals may prevent attribution; the Brand is not liable for the resulting loss of Commission.
[X]% of the Referred Customer's qualifying revenue for [N] months / for a single transaction / recurring for life — pick one).This Agreement does not create any employment, partnership, joint-venture, or agency relationship. You are an independent contractor, responsible for your own taxes, expenses, and compliance with applicable law.
The Brand may share with you non-public information — Program economics, partner lists, marketing plans, technical materials — that is identified as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). You will keep Confidential Information in strict confidence, use it only to perform under this Agreement, and protect it with at least the same degree of care you use to protect your own confidential information (and never less than reasonable care). Confidential Information does not include information that is or becomes publicly available through no fault of yours.
You are responsible for the lawfulness of your own promotional activity, including the lawful basis on which you collect, store, and use any personal data of your audience (email subscribers, social followers, ad-platform pixel audiences, etc.). The Brand does not instruct you on the means and purposes of that processing and is not your processor.
If you use any Brand-provided audience data, leads, or contact lists (where the Program offers them), you will: (a) process that data only for the agreed promotional purpose, (b) honour all opt-outs, do-not-call, do-not-email, GPC, and unsubscribe requests promptly, (c) maintain appropriate technical and organizational measures, (d) not transfer the data to any third party without the Brand's written consent, (e) delete the data on termination of this Agreement, and (f) cooperate in good faith with any data-subject request the Brand forwards to you.
The Brand's processing of conversion data captured through the Affiliate's links (IP, browser, device, click and conversion timestamps, Stripe / Paddle / Chargebee customer IDs, transaction amount, refund events) is governed by the Brand's own privacy notice on the Brand's website.
You represent and warrant that:
You will defend, indemnify, and hold harmless the Brand and its officers, directors, employees, affiliates, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your participation in the Program, (b) any promotional content or method you use, (c) your breach of this Agreement, the Program Policies, or any law, (d) your infringement of any third-party intellectual-property, privacy, or contractual right, (e) any data-protection violation by you, and (f) any tax or regulatory liability arising from your activity.
The Program, the Program portal, the Affiliate Links, the marketing materials, and any analytics provided to you are made available "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, whether express, implied, or statutory. The Brand does not warrant that the Program will be uninterrupted, error-free, secure, or that any specific level of clicks, conversions, or Commissions will result.
To the fullest extent permitted by law:
This Agreement starts on acceptance and continues until terminated. Either party may terminate without cause on fifteen (15) days' written notice. The Brand may suspend or terminate immediately if it believes in good faith that the Affiliate has breached this Agreement, the Program Policies, or any law, or that the Affiliate's continued participation poses a reputational, legal, or financial risk.
On termination:
For the term of this Agreement and twelve (12) months after termination, the Affiliate will not knowingly solicit Referred Customers or other identifiable Brand customers to switch to a competing product, except through general (non-targeted) marketing.
Neither party will be liable for any failure or delay in performance — other than payment of approved Commissions — to the extent caused by an event beyond its reasonable control (acts of God, natural disaster, war, terrorism, civil unrest, pandemic, government action, sanctions, labour dispute, network outage, denial-of-service attack, failure of upstream providers including AI model providers, payment processors, billing platforms such as Stripe / Paddle / Chargebee / Shopify, DNS, or CDN providers).
Any claim or cause of action arising out of or relating to this Agreement must be filed within one (1) year after it accrued; otherwise it is permanently barred. This does not apply to claims for non-payment of approved Commissions or claims for infringement or misappropriation of intellectual-property rights.
This Agreement is governed by the laws of [STATE / COUNTRY], without regard to its conflict-of-laws rules. Any dispute will be resolved exclusively in [the state and federal courts seated in CITY, STATE] / [final and binding arbitration before [JAMS / AAA] in CITY, STATE, before a single arbitrator] — pick one and delete the other. Each party waives any right to bring claims on a class, collective, or representative basis. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual-property or confidential information.
The Brand may update this Agreement and the Program Policies. Material changes will be communicated at least thirty (30) days before they take effect. Continued participation after the effective date constitutes acceptance.
Template provenance. This template was prepared by Alterion Labs, Inc. and is provided to Customers of the AI Affiliate Marketing Agent without warranty of any kind. It is not legal advice. Alterion Labs assumes no liability for the use of this template or for any agreement signed in reliance on it. Have a licensed attorney review and adapt it before use.