Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
Affiliate Agreement by EasyLegalDocs
This Affiliate Agreement template defines the terms and conditions governing the relationship between a Company and an Affiliate. It outlines responsibilities, intellectual property protection, reporting requirements, payment terms, and termination conditions. The agreement clarifies that it does not establish a franchise or employment relationship.
AFFILIATE AGREEMENT
This Affiliate Agreement (hereinafter referred to as the "Agreement") is made effective on [effective date],
BY AND BETWEEN: | [company name], having its registered office situated at [company address], hereinafter referred to as the “Company.” |
AND: | [affiliate name], with an address of [affiliate address], hereinafter referred to as the “Affiliate,” collectively referred to as the “Parties.” |
WHEREAS, the Company wishes to collaborate with the Affiliate for the services elaborated in Exhibit A, under the terms of this Agreement.
The Parties agree as follows:
The Agreement will take force on the date of execution by the Company and acceptance by the Affiliate and shall renew at the end of the current calendar year and every year after that unless the parties decide otherwise according to the termination clause of this Agreement contained in clause 17 of this Agreement.
The Parties acknowledge that this Agreement is not a franchise agreement.
Subject to the terms and conditions of this Agreement, the Company grants access to the Affiliate to use its property for the furtherance of its business.
The Company has trade interests with third parties and reserves the right to amend this Agreement, if so required by such third parties.
The Affiliate shall protect the trademark, copyright, tradenames, and trade secrets that might be revealed to it for the purposes of this Agreement. Should the Affiliate find any infringement, it is responsible to report such infringement promptly to the Company to protect such rights.
The Affiliate agrees to not alter in any manner the copyrights, trademarks, or any other intellectual property of the Company.
The Affiliate shall bear the burden to carry out all duties agreed by it under this Agreement.
The Affiliate shall keep a record of its activities and furnish such reports upon request by the Company.
The Affiliate shall furnish the following records periodically at the end of every quarter: I. Sales generated II. Record of successful activities III. Progress report of ongoing activities
The Affiliate shall submit an annual plan to the Company stating, among other things, a plan of activities for the year, staff directed to those activities, its targeted objectives, and the success of its previous year's activities.
The Company agrees to not interfere in the way the Affiliate carries out its business activities, provided that: I. The Affiliate shall not make any false representation II. The conduct of the Affiliate shall promote the goodwill of the Company III. The Affiliate avoids deceptive business practices IV. Its activities are consistent with this Agreement
The Company agrees to assist the Affiliate as long as the Affiliate is not in default status.
Unless otherwise provided in this Agreement, the Company shall not require the Affiliate to work in any specific setup or prohibit it from working with any specific person.
The payment for the services of the Affiliate shall be made according to the agreed terms, and a monthly billing report shall be prepared and paid by the 10th of every month.
This is a preview. The full template is free on GitLaw.
About this template
What is this template?
This document is a commercial services contract specifically for affiliate marketing relationships. It contains distinct clauses for quarterly reporting of sales generated and annual activity planning that are not typically found in standard service contracts. It is not a franchise agreement or an agency appointment.
When should you use it?
Use this when a company wants to pay an external partner for marketing services based on monthly billing reports. Use a Referral Fee Agreement instead if the relationship is strictly limited to lead introductions without the reporting and intellectual property license provisions included here.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Term and Renewal | The Agreement takes effect upon execution, renewing annually at the end of every calendar year unless terminated under clause 17. |
| 5 | Intellectual Property Protection | The Affiliate must protect Company trademarks and trade secrets and report any infringements discovered during the relationship. |
| 9 | Reporting Obligations | The Affiliate submits quarterly records of sales generated, successful activities, and progress reports on ongoing tasks. |
| 10 | Annual Planning | The Affiliate must submit a yearly plan detailing targeted objectives and staff assignments for Company review. |
| 14 | Payment Terms | Payments are based on a monthly billing report and must be settled by the 10th of every month. |
| 17 | Termination | Either party may end the agreement at any time by providing a thirty-day written notice. |
Who it's for
- a company engaging a third-party marketer to provide services listed in Exhibit A
- an affiliate requiring access to company property for business promotion
- parties establishing a non-franchise commercial relationship for sales generation
How long it runs and how it's signed
How long
Runs for a fixed period
Stated duration
current calendar year
Notice to end it
thirty-day
Signed by
Company, Affiliate
Witness
Not required
Notarisation
Not required
United States note
This version is drafted for US law generally. Contract, employment and consumer rules vary by state — for example on non-competes and at-will employment. Tell GitLaw which state applies and it adjusts the draft.
Categories
Jurisdiction
United States of America
Document info
HTML document. Document created on Fri Sep 26th, 2025. Last updated on Tue Nov 4th, 2025.
This document is public
Licensed under CC BY 4.0 (Attribution).
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