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Affiliate marketing — where partners (affiliates) refer customers to you for a commission — can increase your revenue, but requires legal care. Arrange a proper affiliate agreement, ensure that affiliates are transparent about the advertising relationship, and adhere to the rules regarding tracking and privacy.
What is affiliate marketing?
In affiliate marketing, external partners promote your products or services, for example via links on their website, blog, or social media. If this results in a sale or lead, the affiliate receives a commission. It is beneficial for both sides, but without proper agreements and adherence to the rules, risks arise.
Record the agreements in an affiliate agreement
Include provisions in an affiliate agreement for, among other things: the commission and when it is due, the method of tracking and measurement, 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.
Transparency in advertising
An affiliate advertises for you. They must make it clear that a commercial relationship exists, for example by stating that it is a sponsored or affiliate link. Hidden advertising (stealth advertising) is not permitted. Agree that affiliates comply with the advertising rules, as misleading statements can also backfire on you.
Tracking, cookies and privacy
Affiliate marketing works with tracking, often via cookies. Cookie and privacy regulations apply to this: in principle, you need consent for tracking, and you must be transparent about what you are measuring. Ensure that your cookie banner and privacy statement are accurate and that agreements with affiliates align with them.
Frequently Asked Questions
Do I need an affiliate agreement?
Highly recommended. It handles commission, tracking, behavior, duration, and liability, and prevents disputes.
Does an affiliate have to indicate that it is an advertisement?
Yes. The commercial relationship must be disclosed; hidden advertising is not permitted. Agree on this in the agreement.
What about cookies and tracking?
Cookie and privacy rules apply to tracking: in principle, consent and transparency. Ensure your banner and statement are correct.
Is your affiliate marketing legally in order?
Our legal experts draft an affiliate agreement and your terms and conditions . View our marketing and advertising lawteam or schedule a free consultation.
