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How to write affiliate terms and conditions

Terms and conditions, in general, protect you by setting legally binding rules on how users can interact with your product/service. They state expected user-behaviour, legal disclosures (such as consumer rights information) disclaimers and limitation of liability.

Because affiliates generally market your products and/or services to consumers, making the correct legal disclosures are critical and often legally required. In this post, we’ll look at how to write affiliate terms and conditions and what they should contain from both the Consumer and Affiliate point of view.

Affiliate Terms and Conditions

How to write affiliate terms and conditions

Here’s how to prepare your terms and conditions if you run an affiliate program.

Step 1: Properly identify yourself and your product/service

Since Terms and Conditions are legally binding contracts, it’s important to state legitimate contact details here. Also, do consider that, in many cases, under Consumer Law, customers must be able to contact you if the need arises.

Information to add:

  • Your business identity (e.g registered trading name)
  • Contact details (generally, email address, telephone number and/or fax number.)
  • Geographical business address (this can be the address to which the consumer can send complaints or return purchased products etc., where applicable.)

* Depending on the type of business you do (e.g. finance) or your country of operation additional identification details might be legally required.

Step 2: Describe the service that your site/app provides and how it should be used

You will not always know exactly what your affiliates have promised when marketing your product. Therefore, it’s in your best interest to ensure that you specifically disclose to consumers what they are and are not entitled to when interacting with your product or service, and, how the product/service should be used.

This closely ties into disclaimers and limitation of liability clauses, all of which are critically important for protecting you and your business.

Clauses to add here:

  • Product/service description
  • Terms of delivery of product/service (where applicable)
  • Conditions of use/ purchase (eg. age requirements, location-based restrictions)
  • Information on risk allocation, liability, and disclaimers
  • Terms of delivery of product/service (where applicable)
  • Refund policy/exchange/termination of service and related info

Step 3: Add affiliate-specific clause to your terms and conditions document

Rules relating to your affiliate program should be made easily available to the persons signing up. For this reason you should make your affiliate program rules clear on-page and, where applicable, in your terms and conditions (being sure to link to the document from your affiliate sign-up pages).

Your affiliate clause should at least contain:

  • any rules relating to the process of participation (i.e. any instructions relating to how the can promote your product)
  • any requirements for participating (including behaviours that are not allowed if any)
  • maximum benefits/ payout
  • Any conditions relating to the payment of benefits (payout dates etc.)

Remember that Terms and Conditions are legally binding documents and should always be prepared in accordance with any applicable legal guidelines.

Our Terms and Conditions Generator lets you easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, available in 8 languages, drafted by an international legal team and up to date with the main international legislations. It is powerful, precise, and capable of handling even the most complex, individual scenarios and customization needs.

The solution is optimized for everything from e-commerce, blogs, and apps, to complex scenarios like marketplace and, Affiliate scenarios. Read more about it here or start generating below.

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The solution to draft, update and maintain your Terms and Conditions. Optimised for eCommerce, marketplace, SaaS, apps & more.


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