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How to Set Terms and Conditions for Your Affiliate Marketing Program

Affiliate Terms and Conditions

If you are setting up an affiliate marketing program, you’ll need to take time to create a Terms and Conditions document for it.

Terms and Conditions set the way in which your product, service or content may be used, in a legally binding way. They are crucial for protecting your content from a copyright perspective as well as for protecting you from potential liabilities.

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:

  • what an affiliate agreement template should contain (from both the Consumer and Affiliate point of view), and
  • how to take advantage of our affiliate disclosure generator.

How to write affiliate disclosures (and add them to your affiliate terms and conditions)

Affiliate terms and conditions have to:

  1. properly identify yourself and your product/service;
  2. describe the service that your site/app provides and how it should be used; and
  3. contain an affiliate disclosure.

Let’s look at these aspects in more detail.

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, other means of online communication 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.

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/guarantees/exchange/termination of service and related info

3. Add an affiliate disclosure to your terms and conditions document

Rules relating to your affiliate marketing 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 disclosure should at least contain:

  • Any rules relating to the process of participation (i.e. any instructions relating to how they 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)

How iubenda can help you set up Terms and Conditions for affiliate marketing

If you need an affiliate agreement template, our Terms and Conditions Generator lets you to easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, drafted by an international legal team, available in 14 languages, and up to date with the main international legislations.

It comes with:

  • guided set-up;
  • hundreds of possible personalizations;
  • legislation monitoring;
  • plug-and-go integrations for popular store platforms such as Shopify and WooCommerce;
  • pre-defined scenarios: buildable text modules for marketplace, affiliate programs, copyright, e-commerce, mobile, and more;
  • default clauses on affiliate marketing.

The solution is optimized for everything from eCommerce, blogs, and apps, to complex scenarios like marketplace, SaaS and affiliate marketing programs.

Getting started is easy. Simply create an account, activate the Terms and Conditions within the dashboard (requires 1 Advanced plan) and start generating.

Affiliate disclosure generator

Create Terms and Conditions for your affiliate marketing program

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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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