The Participating Affiliate Agreement is essential for companies operating affiliate marketing programs in Germany or under German jurisdiction. This document is typically used when a company wants to establish a formal relationship with partners who will promote their products or services in exchange for commission-based compensation. The agreement needs to comply with German civil law (BGB), commercial code (HGB), and EU regulations, particularly regarding data protection (GDPR) and e-commerce. The Participating Affiliate Agreement includes crucial elements such as commission structures, performance metrics, compliance requirements, brand usage guidelines, and data protection measures. It's particularly important for businesses expanding their digital presence through partner networks while ensuring regulatory compliance and protecting their commercial interests.
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1. Parties: Identification of the main contracting parties - the company and the affiliate
2. Background: Context of the agreement and brief description of the affiliate program
3. Definitions: Key terms used throughout the agreement, including technical and commercial terms
4. Appointment and Scope: Terms of affiliate appointment and scope of authorized activities
5. Affiliate Obligations: Core responsibilities and commitments of the affiliate
6. Company Obligations: Core responsibilities and commitments of the company
7. Commission and Payment Terms: Structure of commission, calculation methods, payment terms and conditions
8. Intellectual Property Rights: Usage rights and restrictions regarding company branding and materials
9. Compliance and Marketing Standards: Requirements for regulatory compliance and acceptable marketing practices
10. Data Protection and Privacy: GDPR compliance and data handling requirements
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement and termination provisions
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices
1. Non-Competition: Restrictions on affiliate's involvement with competing programs, optional based on business model
2. International Operations: Additional provisions for cross-border affiliate activities
3. Audit Rights: Company's right to audit affiliate's activities and records, recommended for high-value relationships
4. Insurance Requirements: Specific insurance coverage requirements for affiliates, relevant for high-risk activities
5. Training and Support: Details of company-provided training and support programs
6. Special Promotions: Framework for participation in special promotional campaigns
7. Dispute Resolution: Alternative dispute resolution procedures, recommended for international relationships
1. Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Approved Marketing Materials: List of pre-approved marketing materials and usage guidelines
3. Technical Requirements: Technical specifications for tracking, linking, and reporting
4. Compliance Guidelines: Detailed compliance requirements and prohibited practices
5. Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Territory Restrictions: Specific geographical restrictions or permissions
7. Service Level Agreement: Performance metrics and service level commitments
8. Brand Guidelines: Detailed requirements for brand usage and marketing standards
Find the exact document you need
Participating Affiliate Agreement
German law-governed agreement establishing terms and conditions for affiliate partnership programs, including commercial terms and compliance requirements.
Download
Affiliate Marketing Contract
A German law-governed agreement establishing terms and conditions for affiliate marketing relationships, including commission structures and compliance with German e-commerce and data protection regulations.
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