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Drafting an affiliateagreement

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SME Lawyers

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How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
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Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
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  • MKBjuristen.nl partner
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We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

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We discuss your company, the purpose of the document, and the key risks.

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We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

  • Lawyers and in-house counsel
  • Active since 2001
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Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Soraya

Quick response and clear explanation. The clarity of the penalty clauses leaves no room for interpretation. Our customers respond positively to the clear general terms and conditions.

Adam

No time was wasted on unnecessary formalities. The revisions were spot-on every time and required virtually no correction on our part. The document was accepted flawlessly by our investors.

Nienke

It was a relief to speak with lawyers who speak our language. Their input regarding the termination clauses saved us from future problems. The service was professional and personal.

Sharon

The document aligned well with our wishes. They managed to get a stalled negotiation moving again by proposing a smart compromise. The final result meets our high standards 100%.

Samir

No waiting times or endless menus; we got someone on the line immediately. They thought along with us not only from a legal perspective but also from a practical one. The quality fully met our expectations.

Richard

Our company's specific needs were listened to carefully beforehand. Despite the tight deadline, there was no compromise on thoroughness and quality. These documents will undoubtedly save us a lot of headaches in the future.

Mees

Our complex question was immediately reduced to the essence. The structured way of working ensured that no details were overlooked. Fantastic value for money for this level of expertise.

Musa

The clear explanation at the start of the project was crucial for us. Communication always went through a single point of contact, which prevented confusion. Fantastic value for money for this level of expertise.

Saar

We received pleasant assistance from the very first contact. They did not make things unnecessarily difficult regarding minor changes outside the scope. The document was accepted flawlessly by our investors.

Hajar

The lawyer's sharp questions immediately got us thinking. The draft was delivered faster than promised in the quotation. Fantastic value for money for this level of expertise.

Lars

The contact felt professional and approachable. Their proactive approach to the termination clauses saved us from future problems. Our customers are responding positively to the clear general terms and conditions.

Rob

No waiting times or endless menus; we got someone on the line immediately. The expertise regarding privacy and GDPR was clearly noticeable and up-to-date. The end result aligns 100% with our high standards.

Anas

The intake felt like a genuine consultation rather than a sales pitch. The agreements were properly honored. The service was professional and personal.

Sem

The accessibility of the office is excellent. We received a clear document without unnecessary complexity. A reliable partner that strives for perfection in their documents.

Yassine

The accessibility of the office is excellent. We greatly appreciated the pragmatic approach taken in resolving the bottlenecks. The service was professional and personal.

Jamal

The clear structure of the process was well communicated in advance. Coordination with our accountant was flawless and professional. A reliable partner who strives for perfection in their documents.

Paul

It was clear right from the intake that we were dealing with specialists. The explanation of the tests was very helpful. The service was professional and personal.

Niels

The lawyer took the time to explain everything thoroughly. The content was a good fit for our company. A party that delivers on what they promise on their website.

Burak

The communication was smooth and professional. A perfect balance was struck between protecting our business and not deterring customers. The end result aligns 100% with our high standards.

Amber

The process went smoothly and was well-organized. The price-quality ratio was good. Everything was delivered neatly and on time.

Hans

We were immediately assigned a dedicated contact person, which worked very well. The corrections were always implemented lightning-fast in the new version. A company that delivers on what it promises on the website.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The content of the agreement depends on your revenue model and the degree of control you wish to maintain over the affiliate. Answer the questions below in advance.

Choice or question Why this matters legally
Do you pay per click, lead, or sale? The chosen model determines the tracking, the susceptibility to fraud, and the amount of the compensation.
Would you like to allow promotion via paid advertisements? Bidding on your own brand name or email campaigns can actually cost you customers or cause reputational damage.
Does the affiliate gain access to personal data? If so, additional GDPR arrangements or a data processing agreement are required.
Is the collaboration exclusive or open? With an open program, you enter into the same terms with many parties; with exclusivity, broader agreements apply.
Does Dutch law apply and which court has jurisdiction? With foreign affiliates, you must explicitly specify choice of law and choice of forum to avoid procedural uncertainty.
Clauses and provisions

What elements belong in an affiliate agreement?

A complete affiliate agreement regulates not only the commission, but also the permitted promotional methods, the measurement method, and termination. The components below together form a comprehensive whole.

Provision Relevant to Legal point of attention
Committee structure Always Determine whether you pay per click, lead, or sale, and what percentage or fixed amount applies.
Tracking and attribution Always Document how sales are attributed (cookie duration, affiliate link, last click) and which system takes precedence.
Payment and invoicing Always Rules regarding payment term, minimum threshold, VAT, and who issues the invoice.
Authorized promotion Always Specify which channels are allowed and which methods are prohibited, such as spam, bidding on your brand name, and deception.
Duration and termination Always Agree on the duration, notice period, and immediate termination in the event of a violation.
Liability and indemnification For external promotion The affiliate indemnifies you against damage caused by its statements to customers or third parties.
Confidentiality and data Upon access to data Protect business data and regulate the handling of personal data in accordance with the GDPR.
Intellectual property When using a logo or material Grant a limited usage license for your brand and materials, solely for the agreed promotion.
Use in practice

How do you use this document correctly?

An agreement is only effective if both parties sign before the first promotion and if you continue to monitor compliance. Adhere to the moments below.

Situation What should you do? Point of attention
Before the start Have the affiliate sign before the first link goes live Without a signature, your rules and liability agreements do not apply.
Upon registration Verify the identity and channels of the affiliate You prevent unknown parties from promoting your brand without control.
During the term Monitor traffic and communications periodically This is how you detect fraud, spam, or trademark infringement in time.
In case of violation Suspend payment and terminate in accordance with the agreement You limit damages and retain a legal basis to terminate the cooperation.
Common mistakes

Common mistakes

Most disputes regarding affiliate partnerships arise from vague agreements about money and promotion. Avoid the mistakes below.

Wrong Consequence Better approach
No clear commission calculation Discussion regarding what constitutes a valid sale and the amount due Define exactly what counts as a conversion and how and when you pay out.
No prohibited promotional methods mentioned Spam, deception, or bidding on your brand name harms your reputation Include a clear list of prohibited methods and sanctions.
No indemnity included You are liable for incorrect claims made by the affiliate to customers Have the affiliate indemnify you against damages caused by their own statements.
GDPR ignored in data sharing Risk of fines and liability when processing personal data Draw up processor arrangements or a processor agreement where necessary.
No immediate termination in case of abuse You remain stuck with a harmful affiliate Include a ground for dissolution that allows for immediate termination in the event of a violation.
Risk profile

What is your situation and what do you pay attention to?

Which points carry the most weight depends on your role and the scale of the program. Do you recognize your situation below?

Risk profile Example Focus in the document
Starting affiliate program You work with a few partners and want to grow quickly Establish a scalable standard contract and clear commission rules.
International affiliates Promoting partners from abroad Rules regarding choice of law, choice of forum, currency, and VAT are explicit.
Processing of personal data The affiliate receives customer or lead data Align with GDPR agreements and determine who is the data controller.
Promotion via paid traffic Affiliates advertise actively online Determine whether bidding on your brand name is permitted and monitor brand consistency.
Additional documents

When is this document not enough?

An affiliate agreement governs the promotional collaboration but does not cover every situation. In the cases below, you will need additional documents.

Situation Supplementary document Why
Situation Related document Explanation
The affiliate processes personal data of your customers Data Processing Agreement Required as soon as the partner processes personal data on your behalf, in accordance with the GDPR.
You collaborate structurally and on a broader scale than just promotion Cooperation Agreement Suitable when you distribute tasks, costs, and revenues more broadly than a commission model.
You share confidential business information in advance Confidentiality Agreement Protects your data already during the negotiation, before the collaboration starts.
Explanation of this document

Drafting an affiliate agreement, why?

Not every entrepreneur knows exactly what affiliate agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal frameworks are important.

What is an affiliate agreement?
An affiliate agreement is a contract between an advertiser—the company offering a product or service—and an affiliate—the party promoting that product or service through their own channels, such as a website, newsletter, social media, or comparison platform. The affiliate receives compensation based on the results generated by their promotion: a percentage of every sale generated via their unique tracking link, a fixed amount per generated lead, or compensation per click. The affiliate agreement sets out all arrangements regarding this collaboration in writing and regulates the rights and obligations of both parties. Without a sound agreement, the risk of disputes regarding payment, trademark use, compliance with advertising laws, and liability for misleading content is significant. Our lawyers will draft a legally watertight affiliate agreement for you that aligns with your program, your industry, and applicable laws and regulations—whether you are an advertiser using affiliates or an affiliate seeking to protect your position.
When do you need a written affiliate agreement?
You require a written affiliate agreement as soon as you structurally engage third parties to promote your products or services for a performance-based fee. This applies when setting up your own affiliate program with multiple publishers, when connecting your webshop to an affiliate network such as Awin, Daisycon, or TradeTracker, when entering into a one-on-one collaboration agreement with an influencer or blogger working on a commission basis, and in white-label or co-branding arrangements where the affiliate communicates on behalf of the advertiser. Without a written agreement, you have no contractual basis to defend your position in the event of a dispute regarding commission calculation, cookie duration, fraudulent leads, or unlawful advertising by the affiliate.
What are the essential components of an affiliate agreement?
A sound affiliate agreement contains at least the following components: A precise definition of the compensation structure: whether you pay per sale, per lead, or per click; what the commission percentage or fixed amount is; and what the minimum payout threshold is. The cookie duration and attribution rules: how long after a click on the affiliate link is a conversion still attributed to the affiliate, and how you handle multi-channel attribution if a customer arrives via multiple channels. The code of conduct for the affiliate: which promotional channels are permitted and which are explicitly prohibited — such as paid search traffic for your brand name, email spam, or misleading comparison sites. The trademark usage rules: which logos, slogans, and imagery the affiliate may use and under what conditions. The fraud prevention provisions: how you handle click fraud, self-referral, and fake leads. The payment terms , including the situation where a customer returns or cancels a purchase. And a clear termination policy with notice periods and the settlement of outstanding commissions.
What is the difference between an affiliate agreement and an agency agreement?
This distinction is of great legal importance and is frequently overlooked in practice. An agency agreement within the meaning of Article 7:428 of the Dutch Civil Code obligates the principal to pay goodwill compensation upon termination of the cooperation, unless the agent terminates the agreement himself or is in serious default. An agent also acts on behalf of the principal and can, in principle, bind him. An affiliate does not act on behalf of the advertiser, does not bind him, and, in principle, has no right to goodwill compensation upon termination. However, the boundary is not always clear: if an affiliate works structurally and exclusively for one advertiser, recruits customers, and effectively acts as a commercial agent in doing so, the court may still classify the cooperation as agency—with all the associated obligations for the advertiser. A well-drafted affiliate agreement explicitly excludes agency classification and describes the independent position of the affiliate as an independent publisher.
What obligations apply under the GDPR to an affiliate program?
Affiliate marketing touches upon the GDPR. The affiliate places tracking cookies on their website to record conversions. This constitutes the processing of personal data within the meaning of the GDPR and requires a valid legal basis—typically consent from the website visitor via a cookie banner that meets the requirements of the Dutch Data Protection Authority. In this chain of processing, the advertiser and the affiliate are typically joint controllers or, respectively, controller and processor, depending on who receives the tracking data and for what purpose. The affiliate agreement must contain a data processing agreement or refer to one if the affiliate processes personal data on behalf of the advertiser. If this is missing, you, as the advertiser, run the risk of a fine from the Dutch Data Protection Authority. Our lawyers ensure that your affiliate agreement is GDPR-compliant.
Who is liable if the affiliate creates misleading advertising?
This is one of the most underestimated risks for advertisers. Under the Unfair Trade Practices Act and the Advertising Code, misleading advertising is prohibited, even if it is created by a third party promoting on behalf of or for the benefit of the advertiser. If an affiliate makes false claims about your product in their communications—exaggerated price comparisons, false reviews, non-existent discounts—the advertiser may be held jointly liable, particularly if they have failed to adequately supervise the promotional communications of their affiliates. A good affiliate agreement contains explicit rules of conduct for the affiliate, an obligation to approve promotional communications containing claims about the product, and an indemnification clause whereby the affiliate indemnifies the advertiser against damages resulting from unlawful advertising. Our lawyers will tailor these provisions to your specific needs.
How do you arrange the termination of an affiliate agreement?
An affiliate agreement can be entered into for a fixed or indefinite period. In the case of an agreement for an indefinite period, you must agree on a notice period that is workable for both parties — notice periods that are too short do not give the affiliate time to wind down their promotional activities, while periods that are too long bind the advertiser to an affiliate relationship they no longer wish to maintain. Upon termination, questions always arise regarding outstanding commissions: is the affiliate entitled to commission on conversions that occur after the termination date but were caused by links placed before the termination? And how long does cookie tracking remain active after termination? A clear retroactive clause in the agreement prevents disputes regarding this. Our lawyers also advise you on the tax implications of retroactive payments after termination.
What are the tax considerations for an affiliate program?
Affiliate commissions are subject to VAT if the affiliate is a VAT-registered entrepreneur. Different rules apply to an affiliate operating as a private individual or a foreign party. With regard to commission payments to foreign affiliates, the question arises as to which country has the right to levy tax and whether a withholding obligation applies. If the affiliate is a natural person who works structurally for a single advertiser and receives a substantial income for doing so, the Tax and Customs Administration may classify the collaboration as a fictitious employment relationship, with payroll tax consequences for the advertiser. A well-drafted affiliate agreement explicitly states that the affiliate acts as an independent entrepreneur, bears their own VAT obligations, and is not in an employment relationship with the advertiser. Our lawyers align the agreement with the tax principles of your program.
Can I use a free model affiliate agreement from the internet?
Technically, you can download and adapt a modelaffiliate agreement . However, experience shows that free model contracts for affiliate marketing almost always lack the most critical provisions: the GDPR processor component, the agency exclusion clause, trademark usage rules, fraud prevention provisions, and the termination follow-up clause. Moreover, affiliate marketing is a rapidly evolving domain in which technology, platform regulations, and advertising legislation change regularly. A template drafted three years ago may already be outdated due to new DPA guidelines on cookie consent or amended rules by the Advertising Code Committee regarding influencer marketing. An investment in a custom-drafted affiliate agreement protects you against the first serious claim from an affiliate regarding unpaid commissions or against enforcement action by the DPA.
How does it work at MKBjuristen?
After a brief intake, our lawyers map out your affiliate program, your compensation structure, your tracking method, and your specific risks. Based on this, we draft an affiliate agreement that aligns with your program — including the appropriate GDPR provisions, a clear commission structure, rules of conduct for your affiliates, and a solid termination clause. Do you work with an affiliate network and have you received that network's standard agreement? If so, we assess it for risks and imbalances and advise you on additional agreements you need to make bilaterally with your affiliates. Are you already involved in a dispute regarding unpaid commissions, fraudulent leads, or unlawful advertising by an affiliate? Then our lawyers will assist you from the initial cease and desist letter to the proceedings.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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