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The Affiliate Marketing Agreement serves as the foundation for performance-based marketing relationships in the United States. This document is essential when businesses want to expand their reach through third-party promoters who earn commissions on successful referrals or sales. The agreement addresses crucial aspects such as commission structures, compliance with FTC guidelines, permitted marketing methods, and data protection requirements. It's particularly important in today's digital marketplace where affiliate marketing has become a significant revenue channel. The document ensures both parties understand their rights, obligations, and boundaries while maintaining compliance with federal and state regulations.

1. Parties: Identifies the contracting parties (merchant/company and affiliate)

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details of the affiliate appointment and permitted activities

5. Commission Structure: Details of payment terms, rates, and calculation methods

6. Obligations of Affiliate: Affiliate's responsibilities and compliance requirements

7. Obligations of Company: Company's responsibilities including payment and support

8. Term and Termination: Duration of agreement and termination conditions

9. Intellectual Property: Usage rights and restrictions regarding trademarks and content

10. Confidentiality: Protection of confidential information