Affiliate and online advertising agreements
We advise businesses, publishers, affiliates, advertisers and agencies on affiliate and online advertising agreements. These agreements should clearly define commercial obligations, payment rights, liability and compliance responsibilities.
We also review template and AI-generated affiliate and advertising agreements. While these can provide a useful starting point, they often require tailoring to reflect the actual campaign, platform and allocation of risk.
What is an affiliate agreement?
An affiliate agreement governs the relationship between a business and an affiliate who promotes its products or services in return for commission or another form of payment.
The agreement should explain how referrals, leads or sales are tracked, when commission is payable and when payment may be withheld.
What should an affiliate agreement cover?
The exact terms depend on the arrangement, but common issues include:
- commission structure
- tracking and reporting
- payment timing
- withholding rights
- prohibited traffic sources
- click fraud and artificial traffic
- brand use
- advertising compliance
- liability for unlawful or infringing content
- termination rights
What about online advertising agreements?
Online advertising agreements may involve advertisers, publishers, agencies, advertising networks or other intermediaries.
Important issues include the allocation of responsibility for advertising content, campaign performance, reporting, payment and compliance with advertising rules.
What about digital marketing agreements?
Digital marketing agreements should clearly define deliverables. This reduces the risk of disputes about what the marketer agreed to provide.
Where a marketer creates or publishes content for a client, the agreement should deal with approval procedures, responsibility for content, brand guidelines and liability if problems arise.
Are template or AI-generated affiliate agreements sufficient?
Not always. Affiliate and advertising arrangements vary significantly in payment structure, risk profile and compliance requirements.
We can review and tailor template and AI-generated agreements so that they reflect the actual commercial arrangement.
Frequently asked questions about affiliate and online advertising agreements
Do affiliate agreements need clear commission terms?
Yes. The agreement should clearly explain how commission is calculated, when it becomes payable and when payment may be withheld.
Who is responsible for unlawful advertising content?
Responsibility depends on the agreement and the circumstances. The contract should clearly allocate responsibility for advertising content and compliance.
Can you review a template or AI-generated affiliate agreement?
Yes. We can review and tailor affiliate and advertising agreements so that they reflect the actual campaign and commercial risks.