Affiliate Agreement Template (Malta)
Updated on 6 August 2026
A Maltese affiliate agreement sets the rules for a marketing relationship where an affiliate, creator, publisher, comparison site, coupon partner, or referral partner earns commission for a qualifying sale, lead, subscription, or other tracked action.
Affiliate and influencer campaigns should use clear commercial disclosure and avoid misleading consumer claims; regulated financial, health, gambling and alcohol promotions need separate controls.
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Affiliate Agreement
This Affiliate Agreement is made on between and .
1. Programme
The Affiliate may promote these approved offers: through these approved channels: . Prohibited channels are: .
2. Commission and Tracking
Commission is earned only on a completed sale that is tracked, valid, and not refunded, charged back, fraudulent, duplicated, self-referred, or generated through a prohibited channel.
Commission rate: . Tracking system: . Attribution window: days. Payment terms: .
3. Disclosure, Claims, and Channels
The Affiliate must clearly disclose paid or material connections in accordance with Maltese advertising and consumer-protection expectations, and must not make misleading, unsupported, or unapproved claims.
4. Refunds, Chargebacks, and Takedown
The Advertiser may reverse or offset commission for refunds, chargebacks, fraud, prohibited traffic, missing disclosure, misleading claims, or breach discovered within days. The Affiliate must remove non-compliant or expired content promptly on request.
5. General
This Agreement is governed by and may be amended only in writing or through written programme terms accepted by both parties.
Advertiser
Date:
Affiliate
Date:
Disclosure belongs in the contract
Affiliate marketing is advertising. The agreement should require clear commercial disclosure, truthful claims, approved creative, monitoring rights, and takedown rights. A generic phrase saying "comply with law" is too thin for a live affiliate programme.
The local compliance source for this page is Malta Consumer Affairs Act; use it to build the disclosure and claim-control workflow before campaigns go live.
Commission needs attribution mechanics
The rate is only one part of the bargain. The agreement must define the qualifying action, attribution window, tracking system, cookie or code rule, refund period, chargebacks, fraudulent traffic, self-referrals, duplicate leads, and payment threshold.
This template includes those mechanics so the parties are not left arguing over whether a lead, sale, trial conversion, or recurring payment qualified.
Channels and claims need approval
Email, SMS, paid search, influencer posts, coupon sites, browser extensions, sub-affiliate traffic, contests, financial claims, health claims, and testimonials can each trigger different rules. The safest agreement lists approved and prohibited channels before launch.
The affiliate also receives only a limited brand licence. When the programme ends or content is non-compliant, takedown should be prompt.
Clause-by-clause guide
- Approved offers and channels
- Defines what the affiliate may promote and where.
- Qualifying action
- States whether commission is earned on a sale, lead, subscription, or other approved conversion.
- Attribution and tracking
- Sets the tracking system, attribution window, and multiple-affiliate rule.
- Disclosure and claims
- Requires clear commercial disclosure and bars unsupported or unapproved claims.
- Refunds and chargebacks
- Lets the advertiser reverse or offset commissions tied to refunds, fraud, or prohibited traffic.
- Brand licence and takedown
- Limits use of marks and creative to approved materials and requires removal on request.
Malta checklist
Disclose paid relationships clearly
Affiliate and influencer campaigns should use clear commercial disclosure and avoid misleading consumer claims; regulated financial, health, gambling and alcohol promotions need separate controls.
Malta Consumer Affairs ActApprove objective claims
Performance, earnings, health, financial, environmental, and regulated-product claims need substantiation and approval before publication.
Control high-risk channels
Email, SMS, paid search, coupon, incentive, and sub-affiliate traffic should require written approval.
Keep monitoring records
Advertisers should be able to show what affiliates were told, what they posted, and how issues were corrected.
Collect tax and payment details before payout
Commission payments should not start until the advertiser has the payment and tax information needed for the local programme.
How to use this affiliate agreement
- Define offers and channels. List approved products, links, codes, platforms, websites, social accounts, and prohibited traffic sources.
- Set commission mechanics. Choose qualifying action, rate, attribution window, tracking source, payout threshold, and refund rules.
- Add disclosure rules. Require clear Maltese paid-relationship disclosures near the endorsement or link.
- Approve claims. Review objective claims and regulated-product content before publication.
- Monitor and correct. Keep records, audit placements, and require takedown or correction when content is non-compliant.
Frequently asked questions
What is a qualifying action?
It is the sale, lead, subscription, or other conversion that earns commission. The agreement should define it precisely and exclude fraud, refunds, duplicates, self-referrals, and prohibited traffic.
Do affiliates in Malta need to disclose commission?
Affiliate and influencer campaigns should use clear commercial disclosure and avoid misleading consumer claims; regulated financial, health, gambling and alcohol promotions need separate controls.
Can commission rates change?
Rates can change for future actions if the agreement allows notice, but already-earned commission should not disappear except under refund, fraud, chargeback, or breach rules.
Can affiliates use paid search?
Only if approved. Brand bidding, coupon sites, browser extensions, incentive traffic, and sub-affiliates should be expressly controlled.
Who is responsible for misleading claims?
Both the affiliate and advertiser can face risk, so the agreement should require approved claims, monitoring, correction, and takedown.
Do we need a separate data agreement?
Possibly, especially if affiliates process personal data, run lead forms, install pixels, or use customer lists.
Related templates
Disclaimer
This Maltese affiliate agreement template and guide are provided for general information only and are not legal, tax, employment, regulatory, title, notarial, court-filing, or professional advice. Local law and required forms can change; confirm the current rule and get advice before relying on the document.
