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An Affiliate Agreement sets out the terms between a business and its promotional partners who market products or services for a commission. These contracts are common in Australian e-commerce and digital marketing, spelling out how affiliates can promote offerings, what commissions they'll earn, and when they'll get paid.

Under Australian Consumer Law, these agreements must include clear rules about advertising disclosures, payment terms, and intellectual property rights. Good agreements protect both parties by defining performance metrics, compliance requirements, and dispute resolution processes while staying within ACCC guidelines for fair trading practices.

Use an Affiliate Agreement when launching any marketing program where third parties will promote your products or services for commission. This becomes essential before allowing affiliates to start advertising your brand, especially across Australian digital platforms like comparison sites, review blogs, or social media channels.

The agreement protects your business when scaling up marketing reach through partners. It's particularly important when dealing with multiple affiliates, handling significant commission payments, or operating in regulated industries where the ACCC closely monitors promotional practices. Having clear terms in place helps prevent disputes and maintains compliance with Australian consumer protection laws.

• Affiliate Marketing Contract: Standard agreement for digital marketing partnerships, focusing on online promotion and performance-based commissions
• Affiliate Referral Agreement: Specialized version for direct customer referrals, often used in B2B settings with fixed referral fees
• Participating Affiliate Agreement: Comprehensive version for large-scale affiliate networks, including detailed network rules and multi-tier commission structures

• Business Owners: Companies selling products or services who want to expand their marketing reach through affiliate partnerships
• Affiliate Marketers: Individuals or businesses who promote products for commission, including bloggers, influencers, and review sites
• Marketing Managers: Oversee affiliate program operations, track performance, and manage relationships with partners
• Legal Teams: Draft and review agreements to ensure compliance with Australian consumer law and ACCC guidelines
• Affiliate Networks: Third-party platforms connecting businesses with affiliates, often providing tracking and payment systems

• Commission Structure: Define payment rates, tracking methods, and payout schedules for affiliate earnings
• Marketing Guidelines: List approved promotional methods, banned practices, and required disclaimers under ACCC rules
• Performance Metrics: Specify how sales are tracked, attributed, and verified before commission payments
• Brand Requirements: Document logo usage rules, approved messaging, and content approval processes
• Compliance Details: Include Australian privacy law requirements, advertising standards, and termination conditions
• Platform Access: Our system generates customised agreements that include all these elements while ensuring legal compliance

• Party Details: Full legal names, ABNs, and contact information for both business and affiliate
• Commission Terms: Clear payment structures, calculation methods, and payout schedules
• Promotional Rules: Specific guidelines aligned with Australian Consumer Law and ACCC requirements
• Privacy Compliance: Data handling procedures meeting Australian Privacy Principles
• Intellectual Property: Usage rights for brand assets and marketing materials
• Termination Clauses: Clear conditions for ending the agreement and final payment terms
• Dispute Resolution: Australian jurisdiction and resolution procedures

An Affiliate Agreement differs significantly from a Commission Agreement, though both involve payment for services. While they may seem similar at first glance, their structures and purposes serve distinct business needs in the Australian market.

• Scope of Work: Affiliate Agreements specifically cover online marketing and promotional activities, while Commission Agreements can apply to any sales-based role or service
• Payment Structure: Affiliate payments typically involve tracking codes and digital attribution, whereas Commission Agreements often rely on direct sales records or revenue targets
• Marketing Rights: Affiliate Agreements include detailed terms about brand usage and promotional methods, which aren't typically found in Commission Agreements
• Legal Framework: Affiliate Agreements must address specific ACCC guidelines for online advertising, while Commission Agreements focus more on employment law and sales regulations