Affiliate Terms

Affiliate Terms

When to Use This Skill

Use this skill when you need to:

• Create terms and conditions for an affiliate or referral program
• Define commission structures, payment rules, and prohibited methods
• Establish brand guidelines and promotional restrictions
• Document cookie windows, attribution, and tracking policies

DO NOT use this skill for influencer contracts (use influencer-campaign-brief), sales commission plans (use commission-structure), or general partnership agreements. This is for affiliate program terms.

Core Principle

AFFILIATE TERMS PROTECT YOUR BRAND AND YOUR BOTTOM LINE — CLEAR RULES PREVENT FRAUD, BRAND DAMAGE, AND COMMISSION DISPUTES BEFORE THEY START.

Phase 1: Program Details

Required Inputs

GATE: Do not proceed without product, commission rate, and cookie window.

Phase 2: Terms Document

## [Product/Company Name] Affiliate Program Terms and Conditions

**Effective Date:** [Date]
**Last Updated:** [Date]

### 1. Program Overview

The [Company Name] Affiliate Program allows approved participants
("Affiliates") to earn commissions by referring customers to
[Product/Service] through unique tracking links.

### 2. Enrollment and Approval

- Applications are reviewed within [3-5] business days
- [Company] reserves the right to accept or reject any application
  without explanation
- Affiliates must be [18+] years of age
- Affiliates must have an active website, social media presence,
  or email list
- [Company] may terminate any affiliate account at any time

### 3. Commission Structure

| Action | Commission | Notes |
|--------|-----------|-------|
| [Sale / Signup / Lead] | [X]% or $[X] flat | [Per transaction] |
| Recurring commission | [Yes: X% for X months / No] | [If applicable] |

**Commission rules:**
- Commissions are earned when a referred customer completes a
  [qualifying purchase / signup / action]
- Self-referrals are prohibited and will result in commission reversal
  and account termination
- Commission is voided if the customer requests a refund within
  [30] days
- [Company] reserves the right to adjust commission rates with
  [30] days notice

### 4. Tracking and Attribution

- Attribution uses [cookies / last-click / first-click] tracking
- Cookie duration: [30] days from the referral click
- If a customer clears cookies or uses a different device, the
  referral may not be tracked
- [Company] is not responsible for technical issues that prevent
  proper tracking
- Affiliates must use only the tracking links provided through
  the affiliate dashboard

### 5. Payment Terms

| Detail | Terms |
|--------|-------|
| Minimum payout | $[50] |
| Payment schedule | [Monthly, on the 15th] |
| Payment methods | [PayPal / ACH / wire / check] |
| Commission hold period | [30] days after sale (for refund window) |
| Tax requirements | W-9 (US) or W-8BEN (international) required before first payout |

### 6. Permitted Promotional Methods

Affiliates MAY promote using:
- Personal website or blog content
- Email marketing to their own opted-in list
- Social media posts (organic)
- YouTube or podcast content
- Online communities where they are active members (with disclosure)

### 7. Prohibited Methods

Affiliates shall NOT:
- Bid on [Company] branded keywords or variations in paid search
- Use cookie stuffing, click fraud, or other deceptive tracking methods
- Send unsolicited email (spam) using affiliate links
- Make false or misleading claims about the product
- Create websites or domains that impersonate [Company]
- Use pop-ups, pop-unders, or forced redirects
- Offer unauthorized discounts or coupon codes
- Promote on adult, violent, or hate-speech content
- Use the affiliate link for their own purchases
- Sub-affiliate or assign their affiliate account to others

### 8. Brand Guidelines

- Use only approved logos, images, and promotional materials
- Do not modify [Company] trademarks, logos, or branding
- All promotional content must be truthful and not misleading
- Affiliates must include FTC-required disclosure in all content:
  "This post contains affiliate links. I may earn a commission if
  you make a purchase through my link."

### 9. Relationship

Affiliates are independent contractors. This agreement does not create
an employment, agency, or partnership relationship. Affiliates are
responsible for their own taxes and compliance.

### 10. Termination

Either party may terminate at any time with [7] days written notice.
[Company] may terminate immediately for:
- Violation of these terms
- Fraudulent activity
- Brand misrepresentation
- Inactivity for [6] months

Upon termination, unpaid commissions above the minimum threshold
will be paid in the next payment cycle. Pending commissions below
the minimum threshold are forfeited.

### 11. Modifications

[Company] may modify these terms with [30] days notice via email.
Continued participation after the notice period constitutes acceptance.

### 12. Limitation of Liability

[Company]'s total liability to any Affiliate shall not exceed the
total commissions paid in the [12] months preceding the claim.

Phase 3: Program Setup Checklist

## Affiliate Program Launch Checklist

- [ ] Terms and conditions published on website
- [ ] Affiliate signup page created
- [ ] Tracking system configured (affiliate software or platform)
- [ ] Unique link generation working
- [ ] Commission tracking and attribution tested
- [ ] Payment processing set up (PayPal, bank transfers)
- [ ] Affiliate dashboard accessible (links, stats, payouts)
- [ ] Brand assets and promotional materials uploaded
- [ ] Welcome email template created for new affiliates
- [ ] Tax forms collection process ready (W-9/W-8BEN)

Phase 4: Delivery

Output the complete affiliate terms document ready for publication on the website and provide the program setup checklist.

Example: Online Course Affiliate Program

Commission: 30% per sale ($59.10 on a $197 course). Cookie: 60 days. Recurring: No (one-time purchase). Minimum payout: $100. Prohibited: Bidding on brand name in Google Ads, coupon sites, email spam. Refund policy: Commission reversed if refund within 30 days.

Anti-Patterns

• No branded keyword restriction — affiliates bidding on your brand name in Google Ads costs you money on traffic you would have gotten organically
• No refund clawback — without a refund window hold, affiliates can drive low-quality traffic and collect commissions on purchases that get refunded
• Vague prohibited methods — be specific about what is not allowed. "No spam" is not enough — define spam, cookie stuffing, and brand impersonation.
• No FTC disclosure requirement — affiliates must disclose their financial relationship. If they do not, your brand is at risk.
• Auto-approving everyone — manual review prevents coupon sites, spam sites, and brand-damaging affiliates from joining.

Recovery

• Affiliate violating terms: Document the violation, suspend their account, reverse any fraudulent commissions, and notify them in writing.
• Coupon/deal sites scraping your codes: Add a clause prohibiting unauthorized coupon distribution. Monitor and send cease and desist notices.
• Commission dispute: Refer to the tracking data in the affiliate dashboard. The terms should state that your tracking system is the final authority.
• Need to change commission rates: Provide 30 days notice. Honor existing rates for sales in the pipeline. Consider grandfathering top affiliates.