With the Decentrix AffTraq Affiliate Sales Tracking Solution you are provided a sample Affiliate Agreement for you to customize.  Advice from your legal counsel is critical here.  Every business will have different objectives and business practices. Your Decentrix website solution will have a place for you to upload your Affiliate Agreement and to sign-up Affiliates after they have accepted your terms and conditions. Some of the obvious clauses to include will relate to and cover such items as:

1. Affiliate commission amounts
2. When the Affiliate will be paid
3. Affiliate termination procedures and reasons
4. Policies for returns and any maximum or minimum payout amounts

In the next section you will find a sample agreement and optional clauses. These are only examples; we are not providing legal advice.  You will want to discuss these with your attorney and decide if you should incorporate them into your agreement and if so how.  You will want an agreement that is right for you and your business.

SAMPLE AGREEMENT

This sample agreement includes clauses that are included in many Affiliate Agreements such as Term, Modification, Limitation of Liability, Independent Investigation, Anti-SPAM and Miscellaneous terms that relate all governing laws to a state or local legislature.

AFFILIATE AGREEMENT

This agreement describes the terms and conditions for participation in the (Insert Your Affiliate Program Name Here) Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to (Insert Your Affiliate Program Name Here).
We are independent parties and this agreement will not form any partnership.

AGREEMENT DURATION

This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.

Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

MODIFICATION

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.

COMMISSION FEES

You will receive (INSERT YOUR FEE) % of the revenue or _$____._  per sale as a commission from orders placed through your Affiliate Site.
(Word This Paragraph to Your Particular Affiliate Program)

For a sale to generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the service ordered and have their installation completed. You will receive %______ for orders placed through the Affiliate Sites of those sub-Affiliates which you have sponsored into the __________ Affiliate Program.  Affiliate commissions will only be paid on sales which are made through qualified Affiliates.

Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid on the 1st of each month by (Insert Your Affiliate Program Name Here). Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued.

Affiliates must have an active link on their website. In order to qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order during that month.

ORDER PROCESSING

(Insert Your Affiliate Program Name Here) will be solely responsible for processing every order placed by a customer on the Affiliate and sub-affiliate sites. Customers who purchase products and services through the (Insert Your Affiliate Program Name Here) will be deemed to be customers of (Insert Your Affiliate Program Name Here). Prices and availability of our products and services may vary from time to time. (Insert Your Affiliate Program Name Here) policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

WEBSITE RESTRICTIONS

(Insert Your Affiliate Program Name Here) reserves the right not to accept any site into the (Insert Your Affiliate Program Name Here) based on site content. Sites that Do Not Qualify for the (Insert Your Affiliate Program Name Here) Affiliate Program include sites such as sites that are:

• X- rated and promote sexually explicit materials
• Promoting violence and discord.
• Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promoting illegal or questionable activities
• Violating intellectual property rights

SPAM (UCE)

Unsolicited Commercial E-mail - (Insert Your Affiliate Program Name Here) in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the (Insert Your Affiliate Program Name Here) Affiliate Program, with no refund.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the (Insert Your Affiliate Program Name Here) Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.

This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in (Insert Your City and State Here), and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

(Optional) you may choose not to have the following rule with your program.
*Please note that NO COMMISSION is paid on your original purchase of (Insert Your Affiliate Program Name Here). In other words you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own product purchase.
 
I have read the terms of this agreement and I accept.

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