Affiliate Agreement Template (US)

Commission terms need more than a percentage

A commission table without attribution mechanics is an argument waiting to happen. The agreement should say whether commission is earned on a sale, lead, first subscription payment, recurring subscription payment, free-trial conversion, approved application, or another event. It should define the attribution window, whether last click or another model controls, whether coupon codes override links, whether self-referrals are excluded, and how refunds, cancellations, fraud, failed payments, or chargebacks affect commission.

This template includes those rules directly in the document. It also avoids unilateral rate changes wiping out already-earned commissions by separating future-rate changes from commissions already earned under the prior terms.

FTC disclosure is a contract obligation, not a footnote

The FTC's Endorsement Guides and staff guidance focus on whether consumers understand a material connection that could affect how they evaluate an endorsement. For affiliate links, the FTC says the relationship should be disclosed clearly and conspicuously near the link or endorsement; language like 'commissionable link' is not likely to be clear enough. Brands can also be responsible for affiliates they pay or direct if they fail to train, monitor, and take action on disclosure problems.

The agreement therefore tells the affiliate to disclose the paid relationship in the same language as the endorsement, place the disclosure where consumers are likely to see it, avoid ambiguous hashtags, and keep records of sponsored placements. It also gives the brand audit and takedown rights when content is misleading or disclosure is missing.

Email, SMS, paid search, coupons, and data use need channel rules

Affiliate programs often fail not because the commission clause is wrong, but because the affiliate uses a prohibited channel. Email campaigns can trigger CAN-SPAM obligations. SMS campaigns may require consent under telemarketing rules. Paid search can create trademark bidding disputes. Coupon and browser-extension partners can capture commissions from customers the brand already had. The agreement needs channel-specific rules before campaigns run.

This template lets the company list approved channels and prohibited practices. It also requires prior approval for email, SMS, paid search, sub-affiliates, incentive traffic, and claims about regulated products. The point is to protect both sides: the affiliate knows what is allowed, and the company has a clean contractual basis for withholding or reversing commission tied to non-compliant traffic.

Clause-by-clause guide

Program appointment

Creates a limited, non-exclusive right for the affiliate to promote approved offers; it does not appoint the affiliate as a reseller, employee, agent, or franchisee.

Approved channels

Names websites, social accounts, email lists, paid ads, coupon sites, comparison pages, or other channels that the affiliate may use.

Qualifying action

Defines the event that earns commission and excludes fraud, self-referrals, cancelled orders, duplicate leads, failed payments, and prohibited traffic.

Attribution and tracking

Sets the attribution window, tracking source, cookie or code rule, and what happens if multiple affiliates touch the same customer.

Refunds and chargebacks

Lets the company reverse or offset commission when the customer cancels, refunds, disputes payment, or fails fraud checks.

FTC disclosures and claims

Requires clear disclosure of the paid relationship and bars misleading, unsupported, or unapproved claims.

Brand license and takedown

Gives the affiliate a revocable license to use approved marks and requires prompt removal when the program ends or content is non-compliant.

Taxes and independent status

States that the affiliate is independent and responsible for its taxes, with tax forms collected before payment.

US compliance checklist

Affiliate programs are advertising programs. Treat compliance controls as operating terms, not decoration.

• Disclose paid affiliate relationships clearly and conspicuously

  FTC guidance says affiliate marketers should disclose their relationship to the retailer or brand clearly and conspicuously so readers can evaluate the endorsement, and disclosures should be near the endorsement or link.

  FTC - Endorsement Guides: What People Are Asking

• Train, monitor, and act on affiliate disclosure failures

  FTC staff guidance says advertisers should explain what endorsers can say, instruct them on disclosures, periodically search for what network members are saying, and take action on questionable practices.

  FTC - Affiliate and network marketing guidance

• Follow CAN-SPAM for commercial email

  Commercial email must use accurate headers, non-deceptive subject lines, ad identification, a valid physical postal address, an opt-out method, and timely opt-out processing. A company cannot contract away responsibility for email sent on its behalf.

  FTC - CAN-SPAM compliance guide

• Approve claims before publication

  Affiliates should not make health, earnings, financial, environmental, performance, or other objective claims unless the advertiser has substantiation and has approved the claim.

• Collect tax documentation before payout

  US businesses commonly collect Form W-9 from domestic independent contractors and use Form 1099-NEC reporting workflows for nonemployee compensation where applicable.

  IRS - Forms and taxes for independent contractors

How to use this affiliate agreement

1. Define the offer and channels. List the products, services, links, codes, territories, sites, accounts, and traffic sources the affiliate may use.
2. Set commission mechanics. Choose the qualifying action, commission rate, attribution window, payout threshold, payment timing, and refund/chargeback treatment.
3. Add disclosure and claims rules. Require clear paid-relationship disclosures and prohibit unapproved claims or content that the advertiser cannot substantiate.
4. Control higher-risk channels. Require written approval for email, SMS, paid search, coupon sites, sub-affiliates, incentive traffic, and regulated-product claims.
5. Collect tax forms and launch. Get required tax information, provide approved creative or links, and keep monitoring records once the campaign begins.

Frequently asked questions

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