This Affiliate Agreement (“Agreement”) is entered into by and between SayPro, hereinafter referred to as “Company,” and the Affiliate, hereinafter referred to as “Affiliate,” for the purpose of establishing a formal affiliate partnership. This Agreement outlines the terms and conditions, expectations, and payment terms under which the Affiliate will promote SayPro’s products and services.
Table of Contents:
- Definitions
- Affiliate Program Participation
- Affiliate Obligations and Responsibilities
- Commission Structure and Payment Terms
- Performance Metrics
- Term and Termination
- Intellectual Property and Usage Rights
- Confidentiality
- Independent Contractor Status
- Compliance with Laws
- Limitation of Liability
- Indemnification
- Miscellaneous
- Signatures
1. Definitions
- “Affiliate”: The individual or entity that signs this Agreement and participates in the affiliate program by promoting SayPro’s products and services in exchange for a commission on qualifying sales.
- “Commission”: The monetary amount the Affiliate earns based on their successful referral of customers or leads.
- “Products and Services”: The goods and services offered by SayPro that the Affiliate is authorized to promote under this Agreement.
2. Affiliate Program Participation
- Eligibility: The Affiliate confirms they have the right to promote SayPro’s products and services, and are in compliance with applicable laws regarding affiliate marketing.
- Approval Process: Participation in the SayPro Affiliate Program is contingent upon approval by the Company. The Company reserves the right to deny approval at its sole discretion.
- Affiliate Portal: The Affiliate will be granted access to an affiliate portal to track performance metrics, manage their affiliate links, and access marketing resources.
3. Affiliate Obligations and Responsibilities
- Promotion of SayPro’s Products: The Affiliate agrees to actively promote SayPro’s products and services through approved marketing methods, including but not limited to website content, social media, email marketing, and other promotional channels.
- Compliance with Brand Guidelines: The Affiliate agrees to adhere to all branding, marketing, and ethical guidelines provided by SayPro. This includes using only the approved creative assets and ensuring the promotions align with SayPro’s image and values.
- No Deceptive Practices: The Affiliate must not engage in any misleading, false, or deceptive advertising practices, including spamming or misrepresenting the Company’s products.
4. Commission Structure and Payment Terms
- Commission Rates: The Affiliate will receive a commission based on the following structure:
- Base Commission: [percentage]% of the revenue generated from sales made through the Affiliate’s referral link.
- Tiered Commission: Affiliates can qualify for higher commission rates based on performance (e.g., higher sales volume, more conversions).
- Payment Terms:
- Payments will be made on a [monthly/bi-monthly] basis, provided the Affiliate has met the minimum payout threshold of [$50] (or equivalent).
- Payments will be made via [PayPal, bank transfer, or other specified methods].
- The Affiliate agrees to provide accurate payment information and to notify SayPro of any changes to their payment method.
5. Performance Metrics
- Tracking and Reporting: SayPro will provide the Affiliate with access to real-time tracking and reporting tools to monitor the number of clicks, conversions, and sales generated through their unique affiliate link.
- Performance Benchmarks: Affiliates must meet the following performance benchmarks to maintain eligibility for payments and retain their active status in the program:
- Click-through Rate (CTR): Minimum [X]% click-through rate.
- Conversion Rate: Minimum [X]% conversion rate.
- Sales Volume: [X] sales per quarter to qualify for higher commission tiers.
6. Term and Termination
- Term: This Agreement will remain in effect until terminated by either party, with or without cause, with a notice period of [X] days.
- Termination for Cause: SayPro may terminate this Agreement immediately if the Affiliate violates any terms of this Agreement, engages in unethical or illegal practices, or fails to meet performance metrics.
- Termination without Cause: Either party may terminate this Agreement without cause by providing [X] days’ written notice.
7. Intellectual Property and Usage Rights
- Grant of License: SayPro grants the Affiliate a non-exclusive, non-transferable license to use its brand assets (logos, product images, etc.) solely for the purpose of promoting SayPro products under this Agreement.
- Ownership of Content: All content created by the Affiliate using SayPro’s assets, such as promotional copy or banners, will remain the property of the Affiliate, but SayPro reserves the right to use this content for its own marketing purposes.
8. Confidentiality
- Confidential Information: The Affiliate agrees not to disclose any proprietary or confidential information received during the course of this Agreement. This includes sales data, pricing strategies, marketing plans, and customer lists.
- Non-Disclosure: The Affiliate shall take reasonable measures to prevent unauthorized access to confidential information and shall not use the information for any purpose other than fulfilling their duties under this Agreement.
9. Independent Contractor Status
- No Employment Relationship: The Affiliate is an independent contractor and not an employee of SayPro. Nothing in this Agreement creates an employer-employee relationship, partnership, joint venture, or any other similar relationship.
- Tax Responsibility: The Affiliate is responsible for all applicable taxes and must report earnings and commissions to the appropriate tax authorities.
10. Compliance with Laws
- The Affiliate agrees to comply with all relevant laws, regulations, and industry standards, including but not limited to the Federal Trade Commission (FTC) rules on affiliate marketing, data privacy laws, and any other legal requirements applicable to online advertising and promotions.
11. Limitation of Liability
- Indemnification: SayPro’s liability to the Affiliate under this Agreement is limited to the amount of commissions paid to the Affiliate. The Company is not liable for any indirect, incidental, or consequential damages arising from the Affiliate’s participation in the program.
12. Indemnification
- The Affiliate agrees to indemnify and hold SayPro harmless from any claims, damages, liabilities, or expenses (including legal fees) arising from their breach of this Agreement, unethical promotional activities, or failure to comply with applicable laws.
13. Miscellaneous
- Amendments: SayPro may modify or amend this Agreement at any time. The Affiliate will be notified of any changes, and continued participation in the affiliate program constitutes acceptance of the modified terms.
- Governing Law: This Agreement will be governed by and construed in accordance with the laws of [State/Country].
14. Signatures
This Agreement is effective upon signature by both parties.
SayPro
By: _______________________________
Name: [Name of Authorized Representative]
Title: [Title]
Date: _______________________________
Affiliate
By: _______________________________
Name: [Affiliate’s Full Name]
Company: [Affiliate’s Company Name, if applicable]
Date: _______________________________
This Affiliate Agreement document formalizes the relationship and ensures that both SayPro and the Affiliate have clear expectations and understand their rights and responsibilities. Would you like any sections modified or additional clauses included (e.g., dispute resolution, force majeure, etc.)?
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