Affiliate program agreement template (2026): full contract and clause guide

An affiliate program agreement is the contract between a merchant and an affiliate that defines how the affiliate promotes the merchant, which conversions earn a commission, how and when the affiliate is paid, and what conduct is prohibited. It is the document that turns an informal referral arrangement into enforceable terms both sides can rely on.

It is not the same as your customer Terms and Conditions, a referral agreement, or a reseller contract. An affiliate agreement governs a performance-based marketing relationship: the affiliate is an independent party paid for attributed results, not an employee, a reseller who takes title to goods, or a customer referring a friend.

You need a written agreement the moment money changes hands on results. Without one, a commission rate, a cookie window, or a refund clawback is whatever each side remembers it to be, which is exactly what disputes are made of. A written agreement also lets you require FTC disclosure and prohibit brand-bidding and spam, which protect your brand and keep you on the right side of platform rules.

A clear agreement is also a recruiting asset. Affiliates evaluate programs on how legible and fair the terms are: what counts as a qualifying sale, how long the cookie lasts, when they get paid, and what reverses a commission. Publishing real, complete terms signals a program worth joining.

Pick the document that matches the relationship. The wrong template imports the wrong obligations.

A complete agreement covers the following. The template below implements each one. Read it as the map before the territory.

• Parties and effective date.
• Definitions (affiliate link, qualifying sale, net sale value, cookie window).
• Appointment and nature of the partnership (independent contractor, non-exclusive).
• Enrollment, application, and acceptance.
• Commission structure, on net rather than gross.
• Payment schedule, minimum payout threshold, and net terms.
• Tracking, attribution model, and cookie window.
• Sales validation, refunds, and chargebacks.
• Promotional methods and prohibited conduct.
• FTC disclosure obligation.
• AI-generated content rules.
• Data privacy (GDPR and CCPA).
• Trademark and intellectual-property license, with revocation.
• Confidentiality.
• Indemnification and limitation of liability.
• Term, termination, suspension, and forfeiture.
• Modification and deemed acceptance of updates.
• Governing law and dispute resolution.
• General provisions (severability, assignment, entire agreement) and a signature block.

Replace every bracketed field with your own value. This is an educational starting point, not legal advice for your business or jurisdiction. Have counsel review it before use.

THIS AFFILIATE PROGRAM AGREEMENT is entered into as of [Effective Date], by and between [Company legal name], [address] (the Company), and [Affiliate legal name], [address] (the Affiliate).

1. Definitions. Affiliate Link means a unique tracking link or code the Company issues to the Affiliate. Qualifying Sale means a sale attributed to the Affiliate under Section 6 that is not refunded, charged back, or reversed. Net Sale Value means the sale price excluding taxes, shipping, discounts, and refunds. Cookie Window means the attribution period defined in Section 6.

2. Appointment. The Company appoints the Affiliate to promote the Company's products and services under this Agreement, and the Affiliate accepts. The appointment is non-exclusive. The Affiliate is an independent contractor and not an employee, agent, or partner of the Company.

3. Enrollment and Acceptance. Participation begins when the Company approves the Affiliate's application. The Company may accept or decline any applicant and may suspend an account for breach.

4. Commission. The Company will pay the Affiliate a commission of [X]% of Net Sale Value on each Qualifying Sale, or [flat amount] per [sale/lead/action]. Commissions are stated in [currency]; conversion costs are borne by the Affiliate. Renewals are commissionable only as stated here: [renewal terms, or none].

5. Payment. Commissions earned in a calendar month are paid within [Net 30 / 45 days of month-end], subject to a minimum payout threshold of [$amount]. Balances below the threshold roll over. The Affiliate is responsible for its own taxes and for providing required tax information.

6. Tracking and Attribution. Attribution is determined solely by the Company's tracking system, which is the definitive record for all commission calculations. The Cookie Window is [N] days. Where multiple affiliates are involved, commission is awarded to the [last-clicked] Affiliate within the Cookie Window.

7. Validation, Refunds, and Chargebacks. Commissions are held in pending status for a [60]-day validation period. Commissions on sales that are refunded, charged back, or flagged as fraudulent during this period are voided and may be deducted from future payouts.

8. Promotional Methods and Prohibited Conduct. The Affiliate will comply with all applicable laws and the Company's published policies and will use only approved materials. The Affiliate may not: bid on the Company's trademarks, brand name, or common misspellings in any paid-search network; send unsolicited email; cloak, mask, or redirect Affiliate Links; stuff cookies; post fake reviews; use incentivized traffic without prior written consent; or self-refer.

9. FTC Disclosure. The Affiliate must clearly and conspicuously disclose the material connection in every piece of promotional content, in close proximity to the claim or link, using plain language such as: I earn a commission on purchases made through my links. Disclosures hidden in footers, About pages, or after a Read more link do not satisfy this requirement.

10. AI-Generated Content. The Affiliate may use generative AI to assist in creating promotional content only if: all factual claims about the Company's products are verified against the Company's official sources; AI-generated media depicting the likeness of the Company's people or customers is prohibited; and AI-generated content is disclosed where the law requires it.

11. Data Privacy. If performance of this Agreement involves transferring personal data, the Affiliate will process it only to perform this Agreement, apply appropriate safeguards, notify the Company of any breach without undue delay, and delete or return the data on termination, consistent with GDPR and CCPA obligations.

12. Trademark and Intellectual Property. The Company grants the Affiliate a limited, non-exclusive, non-transferable, revocable license to use the Company's approved logos and product images solely to promote Qualifying Sales. This license terminates automatically on termination of this Agreement. The Affiliate may not register domains, social handles, or trademarks containing the Company's brand.

13. Confidentiality. Confidential Information includes commission rates, unreleased product information, and internal performance data. The Affiliate will hold it in confidence during the term and for [3] years after.

14. Indemnification and Liability. The Affiliate will indemnify the Company against claims arising from the Affiliate's breach or unlawful conduct. Neither party is liable for indirect or consequential damages, and each party's liability is limited to the commissions paid or payable in the [12] months before the claim.

15. Term and Termination. This Agreement begins on the Effective Date and continues until terminated. Either party may terminate on [N] days' notice. The Company may terminate immediately for cause, and commissions tied to fraudulent or breaching activity are forfeited.

16. Modification. The Company may update these terms on notice. Continued participation after the effective date of an update constitutes acceptance.

17. Governing Law and Disputes. This Agreement is governed by the laws of [jurisdiction]. Disputes will be resolved by [courts of jurisdiction / arbitration].

18. General. If any provision is unenforceable, the rest remains in effect. Neither party may assign without consent. This Agreement is the entire agreement between the parties on its subject.

IN WITNESS WHEREOF, the parties execute this Agreement as of the Effective Date. Company: [name, signature, date]. Affiliate: [name, signature, date].

These are commonly used ranges, not a rule. Set your own from the margin-first framework and state every exclusion. Amazon Associates' 24-hour cookie is a well-known outlier at the short end.

A few clauses do the heavy lifting. Get these right and the rest is boilerplate.

• Commission on net, not gross: exclude tax, shipping, discounts, and refunds, and say so, so there is no dispute over the base.
• Your tracking is authoritative: state that the merchant's tracking system is the definitive record, so affiliates cannot dispute with their own analytics.
• Validation window before payout: hold commissions in pending status long enough for refunds and chargebacks to reverse them.
• Prohibited conduct with teeth: name brand-bidding, cookie stuffing, and self-referral explicitly, and tie them to forfeiture.
• FTC disclosure as an obligation, not a suggestion: require it in close proximity to the link, because both the affiliate and the merchant can be liable.

FTC disclosure: US endorsers must clearly and conspicuously disclose a material connection, and the merchant is responsible for its affiliates. Bake the requirement into the agreement and into any content you generate. See the dedicated FTC disclosure guide for the exact rules and copy-ready wording.

AI-generated content: if affiliates use generative AI, require factual verification, prohibit synthetic likenesses of real people, and require disclosure where the law demands it. Many older templates omit this entirely, which is a gap in 2026.

Data privacy: even sharing one customer email can trigger a data-processing obligation under GDPR or CCPA. Include a short data clause rather than assuming the relationship never touches personal data.

Adapt the load-bearing clauses to your model.

• Ecommerce and Shopify: define the base as post-discount merchandise subtotal excluding tax and shipping, and set a 30 to 90 day cookie.
• SaaS and web subscriptions: decide whether renewals are commissionable, cap or time-box recurring commission, and use a longer cookie.
• iOS apps: web cookies do not exist inside the App Store, so attribution runs on StoreKit 2 and App Store Server Notifications rather than a cookie window. State that attribution is by the platform's signed transaction, and that refunds and cancellations reverse the commission.
• Fintech and health: add the regulatory limits on claims that apply to your sector before any affiliate promotes you.

The recurring failures in real programs are avoidable with one clause each.

• Commission defined on gross, so tax and shipping inflate payouts.
• No validation window, so refunds become money you already paid out.
• No FTC disclosure clause, leaving the merchant exposed for what affiliates post.
• No brand-bidding prohibition, so affiliates compete with you on your own trademark.
• No AI-content or data-privacy clause, which are 2026 must-haves most templates still lack.
• Silent on renewals for subscriptions, so recurring cost is undefined.

This page is educational and is not a contract for your business. Ask qualified counsel to review consumer, advertising, privacy, tax, employment, and platform obligations that apply to your jurisdiction and promotion channels before you rely on any clause here.