An affiliate agreement template is a reusable contract that sets the rules between a brand and its affiliates: how referrals are tracked, what commission is paid and when, which traffic is banned, and how either side can end the deal. A complete one covers 15 clauses, from definitions and attribution to brand bidding, disclosure, data protection and governing law.
Not legal advice. This article and the template below are general information for affiliate managers. Contract, advertising, data-protection, gambling and financial-promotion rules differ by country. Have a qualified lawyer review your agreement before you publish it or ask affiliates to sign it.
An affiliate agreement is also your main enforcement tool. Your tracking software can block suspicious clicks, but only the contract gives you the right to withhold or reverse commissions. If you run your program on affiliate software for brands that stores signed terms, you also have a record of exactly which version each affiliate accepted.
Why your affiliate program terms and conditions need a contract
Ad platforms will not enforce your rules for you. Google's trademark policy says Google Ads "will not restrict" the use of trademarks as keywords, so a brand-bidding ban only exists if your contract creates it. Regulators expect you to supervise affiliates as well. The FTC's Endorsement Guides FAQ says advertisers need "reasonable programs in place to train and monitor members of their network."
Vague terms also cause payout disputes. If "qualified customer" or "fraud" is not defined, every reversal becomes an argument.
The 15 clauses every affiliate agreement needs
1. Parties and definitions
Name the legal entities, not just the brands, and define the terms the rest of the contract depends on: Program, Affiliate Site, Qualified Action, Commission, Customer, Tracking Link, Brand Marks and Prohibited Activity. The Qualified Action definition matters most. "A new customer who registers" invites junk sign-ups; "a new customer who passes verification and makes a first deposit of at least [amount] within [X] days of the click" does not.
2. Enrollment and approval
State that applications are approved at the brand's sole discretion and that affiliates must provide accurate company, tax and payment details. Add rules for one account per affiliate, prior approval for sub-affiliates, and the brand's right to request traffic-source information at any time. Make clear that approval is not exclusivity, and that you may reject an application without giving a reason.
3. Tracking and attribution
Specify how conversions are tracked (tracking links, scripts or server-to-server postbacks), the cookie duration, and the attribution rule. Under last-click attribution, the most recent valid affiliate click before the Qualified Action gets the credit; if you use another model, describe it precisely. Also state that the brand's tracking records are final except for manifest error, and that affiliates must not alter tracking links or strip parameters. Cover what happens when tracking fails, for example by allowing claims with evidence within [30] days.
4. Commission and payment terms
Put rates in a schedule or insertion order so you can update them without rewriting the agreement. Then cover:
- Hold period: how long commissions stay pending before approval, for example 30 days for refunds to surface.
- Payment: cycle, minimum threshold, payment methods, currency and who bears transfer fees.
- Commission reversal: refunds, chargebacks, cancellations, duplicates and fraud, including the right to claw back commissions already paid through set-off.
- Taxes: each party is responsible for its own taxes.
- Rate changes: the notice period, for example [30] days.
If you are still choosing a payout model, compare the trade-offs in our guide to CPA vs RevShare vs hybrid.
5. Prohibited activities
A prohibited-activities affiliate clause should be a specific list, not a single "no fraud" sentence. Typical items include cookie stuffing, click fraud, incentivized traffic without written approval, unsolicited email or SMS, misleading or unapproved claims, domains containing the brand's marks, adware or forced redirects, self-referrals, fake reviews, and adult or illegal content. Tie each breach to a consequence: warning, withheld commission, reversal or termination.
6. Brand bidding and PPC policy
Brand bidding needs its own clause because it is easy to commit and comparatively easy to detect. Define:
- Protected keywords: brand names, product names, misspellings and close variants.
- Covered networks: for example Google Ads, Microsoft Ads and any other search network.
- Ad copy and display URLs: no brand marks without written approval.
- Direct linking: whether ads may send traffic straight to the brand's site.
- Negative keywords: whether affiliates must add your brand terms as negatives on generic campaigns.
State whether generic, non-brand keywords are allowed and what the penalty is for each type of breach.
7. Creative and brand use
Require affiliates to use only creatives supplied or approved by the brand, without alteration. Set a deadline for removing expired offers (for example [48] hours after notice) and ban any suggestion that the affiliate is the brand, its agent or an official partner. Reference your brand guidelines and give yourself the right to request removal of any content.
8. Disclosure and FTC compliance
Require a clear and conspicuous disclosure of the affiliate relationship on every page, post or video that promotes the brand. The FTC FAQ says the closer the disclosure is to the recommendation, the better. It gives "I get commissions for purchases made through links in this post" as an example and says a label like "affiliate link" alone is not adequate. Require compliance with equivalent rules in each market where the affiliate promotes you, and reserve the right to audit.
9. Data protection and GDPR
Spell out each party's role. In many affiliate setups each side acts as an independent controller of the data it collects. If the affiliate collects leads or other personal data on your behalf, it may act as your processor.
In that case GDPR Article 28 requires a contract that, among other things, limits processing to your documented instructions, binds staff to confidentiality, requires appropriate security, controls sub-processors and covers deletion or return of data at the end. The UK ICO's guidance on contracts between controllers and processors covers the same terms. Also address cookie consent for tracking, breach notification and international transfers.
10. Fraud and chargebacks
Define fraud broadly enough to cover new schemes, for example "any activity that generates commissions without genuine customer intent." Give the brand the right to withhold payment while it investigates, to reverse commissions tied to fraud or chargebacks, and to terminate without notice. Require affiliates to cooperate with investigations and to provide traffic logs on request. For the detection side, see our guide to affiliate fraud detection.
11. Intellectual property and license
Grant a limited, non-exclusive, non-transferable, revocable license to use the Brand Marks and creatives only to promote the program during the term. All rights stay with the brand. Ban registering domains, social handles or app names containing the marks, and confirm that the affiliate keeps ownership of its own original content.
12. Confidentiality
Commission rates, performance reports, customer data and unreleased offers should be confidential. Set the usual exceptions (public information, information already known, legal compulsion) and a survival period after termination, for example [2] years.
13. Term and termination
State that the agreement runs until terminated. Allow termination for convenience with [30] days' notice, and immediate termination for material breach, fraud or prolonged inactivity. Spell out the effects: the affiliate removes all links and creatives within a set time, commissions earned before termination are paid minus reversals, and commissions are forfeited after termination for breach. List the clauses that survive.
14. Liability and indemnity
Disclaim warranties about uptime and tracking accuracy, exclude indirect and consequential losses, and cap each party's liability. Caps can be tied to commissions. For example, the Paysafe Affiliates Programme terms cap Paysafe's aggregate liability at the lower of US$10,000 or the previous contract year's commissions (as of October 2026). Require the affiliate to indemnify the brand for claims arising from its content, its traffic and any breach of law or of the prohibited-activities list.
15. Governing law and disputes
Choose one governing law and one venue, and add an escalation path: written notice, [30] days of good-faith negotiation, then courts or arbitration. Finish with the standard boilerplate: amendments with notice, entire agreement, independent contractors, no assignment by the affiliate without consent, and which language prevails if you translate the contract.
Copy-ready affiliate agreement template (skeleton)
Use this skeleton as a drafting checklist. Replace everything in square brackets, delete what does not apply, and have counsel review the final text.
AFFILIATE PROGRAM AGREEMENT
Between [Brand Legal Name] ("Brand") and [Affiliate Legal Name] ("Affiliate")
Effective Date: [Date] Version: [1.0]
1. DEFINITIONS
"Qualified Action" means [a new Customer who (a) registers via a Tracking
Link, (b) completes verification and (c) makes a first purchase/deposit of
at least [Amount] within [X] days of the click].
Also define: Program, Affiliate Site, Commission, Customer, Tracking Link,
Brand Marks, Prohibited Activity, Confidential Information.
2. ENROLLMENT
Approval at Brand's sole discretion. One account per Affiliate.
Sub-affiliates only with Brand's prior written approval.
3. TRACKING AND ATTRIBUTION
Cookie duration: [30] days. Attribution: last valid click.
Brand's tracking records are final, save for manifest error.
Missing-conversion claims within [30] days, with evidence.
4. COMMISSIONS AND PAYMENT
Rates: Schedule A (CPA / RevShare / Hybrid).
Hold period: [30] days. Payment cycle: [weekly/monthly].
Minimum payout: [Amount]. Methods: [Methods]. Currency: [Currency].
Reversals: refunds, chargebacks, cancellations, duplicates, fraud.
Rate changes on [30] days' written notice.
5. PROHIBITED ACTIVITIES (Schedule B)
Cookie stuffing; click fraud; incentivized traffic without approval;
unsolicited email/SMS; misleading claims; trademark domains;
adware/forced redirects; self-referrals; fake reviews; [other].
6. PAID SEARCH POLICY
No bidding on [Brand Name], product names, misspellings or close
variants on [Google Ads, Microsoft Ads, other]. No Brand Marks in ad
copy or display URLs. Direct linking: [allowed/prohibited].
7. CREATIVES AND BRAND USE
Approved creatives only, unaltered. Remove expired offers within
[48] hours of notice. No implied official partnership.
8. DISCLOSURE
Clear and conspicuous disclosure near every affiliate link,
in line with FTC guidance and local equivalents.
9. DATA PROTECTION
Roles: [independent controllers / controller-processor].
[If processor: Article 28 GDPR terms in Schedule C.]
Breach notice within [X] hours.
10. FRAUD AND CHARGEBACKS
Brand may withhold, reverse and terminate. Affiliate provides
traffic logs within [X] days of request.
11. LICENSE
Limited, non-exclusive, revocable license to Brand Marks for the term.
12. CONFIDENTIALITY
Survives [2] years after termination.
13. TERM AND TERMINATION
For convenience: [30] days' notice. Immediately: material breach,
fraud, [X] months of inactivity. Remove links within [X] days.
14. LIABILITY AND INDEMNITY
Cap: [commissions paid in the prior 12 months]. No indirect losses.
Affiliate indemnifies for its content, traffic and legal breaches.
15. GOVERNING LAW AND DISPUTES
Law: [Jurisdiction]. Venue: [Courts/Arbitration seat].
Escalation: notice, then [30] days' negotiation.
SIGNATURES
[Brand Name]: ________ Name/Title: ________ Date: ________
[Affiliate Name]: ________ Name/Address: ________ Date: ________
iGaming and fintech add-on clauses
Regulated verticals need extra clauses on top of the 15 above.
iGaming add-ons
- Licensed markets only: a Restricted Territories list, updated on notice.
- Age and vulnerability: no marketing to under-[18/21]s, no content that appeals to minors, and no targeting of self-excluded players.
- Responsible gambling: required safer-gambling messaging and no "risk-free" or guaranteed-win claims.
- Commission basis: NGR definition, whether negative carryover applies, and the FTD qualification baseline.
- Bonus abuse and multi-accounting: grounds for reversal.
Fintech add-ons
- Financial promotions: in the UK, the FCA's guidance on financial promotions on social media warns that affiliate marketers promoting regulated products without approval from an authorized firm may be committing a criminal offence. Require pre-approval of creatives where the product is in scope.
- Approved claims only: no unapproved rate, fee or return claims, and no describing e-money as a bank deposit.
- Qualifying event: tie commission to a verified account and a first real transaction.
- Record keeping: affiliates keep copies of published promotions for [X] years.
E-signing and version control
A contract is much easier to enforce when you can prove which version each affiliate accepted. You need a signature record, a version number, and a way to collect re-acceptance when the terms change.
MassPartner's affiliate contracts cover this workflow. Brands build an agreement from standard sections (definitions, program terms, commission structure, payment terms, prohibited actions, intellectual property, confidentiality, termination, limitation of liability and governing law). Prohibited-actions clauses come from a pre-written library that includes brand bidding and close variants, Google Ads and Microsoft Ads bans, cookie stuffing, incentivized traffic, unsolicited email, trademark domains and coupon sites. AI-assisted drafting can generate a clause from a plain-language requirement or review a draft contract.
Affiliates e-sign, and each signature is stored with the signer's name and address, a timestamp, IP address, user agent, the contract version and a SHA-256 hash of the contract. When a brand publishes changed terms, the version number increments, existing signatures are cleared, and approved affiliates are emailed to review and sign again. Contracts can be exported to PDF.
Draft your affiliate agreement in MassPartner
MassPartner lets brands generate, e-sign and version affiliate contracts alongside tracking, fraud checks and payouts. Plans include a 7-day free trial; see MassPartner pricing for details.
FAQ
Is an affiliate agreement template enough on its own?
A template is a starting point, not a finished contract. You still need to fill in your commission schedule, qualifying events and jurisdiction, and have a lawyer check it against the laws of the markets where you operate.
What cookie duration should an affiliate contract specify?
There is no legal standard. MassPartner defaults to 30 days per campaign, but choose a window that matches your sales cycle and state it explicitly in the tracking clause.
Can I change my affiliate program terms after affiliates sign?
Yes, if your amendments clause allows it. Give the notice period the contract promises, record which version each affiliate accepted, and collect re-acceptance for material changes.
What should a prohibited activities clause include?
List specific banned practices, such as brand bidding, cookie stuffing, click fraud, incentivized traffic, spam, misleading claims and trademark domains, and tie each to a consequence, from a warning to commission reversal or termination.
Do affiliates have to disclose commissions?
In the US, yes. The FTC expects a clear and conspicuous disclosure close to the recommendation, and it expects brands to train and monitor their affiliates. Other markets have similar advertising rules.