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A successful affiliate program stands or falls with good documentation. You need at least an affiliate agreement, plus clear terms and conditions, a privacy statement, and agreements regarding advertising. With these, you regulate commissions, permitted conduct, and compliance with the rules — and prevent conflicts.
What is affiliate marketing?
In affiliate marketing, partners (affiliates) promote your products or services through their own channels, such as a webshop or social media. If they refer a customer who makes a purchase, they earn a commission. It is a cost-effective way to increase your reach and sales — provided you handle it legally.
1. The affiliate agreement
The most important document is the affiliate agreement. In it, you specify: the commission and when it is due, the tracking method, what the affiliate is and is not allowed to do (for example, no misleading or inappropriate advertising), the term and termination, and liability. This prevents disputes regarding payment and conduct.
2. Conditions and rules of conduct
In addition to the agreement, clear program terms are useful: rules that all affiliates must adhere to, such as prohibited promotional methods (spam, bidding on your brand name) and quality requirements. A single set of terms makes managing many affiliates straightforward.
3. Privacy and advertising rules
Affiliate marketing works with tracking, often via cookies; privacy rules (GDPR and consent) apply to this. Therefore, ensure you have a correct cookie banner and privacy statement. Furthermore, agree that affiliates comply with advertising rules and are transparent about the commercial relationship — hidden advertising is not permitted and can backfire on you.
Frequently Asked Questions
Which documents do I need for an affiliate program?
At least an affiliate agreement, plus program terms, a privacy statement, and agreements regarding advertising.
Do affiliates have to indicate that it is advertising?
Yes. The commercial relationship must be disclosed; covert advertising is prohibited. Stipulate this in the agreement.
What does the affiliate agreement regulate?
The commission, tracking, permitted behavior, term, termination and liability.
Is your affiliate program legally in order?
Our legal experts draft your affiliate agreement, terms and conditions , and privacy statement . View our marketing and advertising lawteam or schedule a free consultation.
