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[Legal note: this article is not legal advice; always have counsel review your agreement template before use.]
When to use an affiliate partner agreement (vs. referral or reseller)
Use an affiliate partner agreement template when third parties promote your product and drive tracked traffic or introductions — and you pay only when a qualified opportunity converts. Choose a referral agreement if partners hand off warm leads for your team to close without public promotion. Choose a reseller agreement when partners sell, invoice, and support customers directly.
What to include (quick checklist)
- Parties and purpose — define the program scope and what “Affiliate” can and can’t do
- Definitions — qualified referral/sale, commission, tracking link, cookie window, attribution rules
- Submission and acceptance — the one source of truth for leads (portal or form) and response SLAs
- Commission mechanics — base (net revenue or first-year ARR), rate, caps, clawbacks, and timing
- Reporting — what the affiliate sees each month and how disputes are handled
- Brand and IP — approved marketing materials and takedown rights for misuse
- Compliance — advertising standards, privacy, export/sanctions where relevant
- Confidentiality and data — protect business info and personal data
- Term and termination — convenience, for-cause, and what survives
- General terms — governing law, notices, assignment, waiver, severability
This structure is broadly consistent with widely used affiliate templates; tailor commission timing, acceptance windows, and marketing rules to your motion.
Commission and attribution choices (keep it simple)
- Commission base: First-year ARR for SaaS or net revenue for one-off purchases
- Rate: A flat percentage for clean reporting; add tiers only if your finance team can administer them
- Eligibility window: Deals must close within a defined time after acceptance (e.g., three months)
- Clawbacks: Refunds, chargebacks, and non-payment should pause or reverse commissions
- Visibility: Provide a monthly report that lists accepted referrals, status, and payable amounts
Download Affiliate Partner Agreement Template
Is “affiliate” the same as “influencer” or “referral”?
Not exactly. Affiliates promote publicly and rely on tracked links or forms; influencers are a subset of affiliates; referrals often come via direct intro and a partner program rather than public content.
How long should the cookie or attribution window be?
Pick a window that fits your sales cycle. For self-serve or short cycles, 30–60 days is typical. For B2B motions with human sales, use an acceptance-based model tied to opportunity creation plus a close-by window.
Can I include light co-selling without turning it into a reseller deal?
Yes. Allow coordination on demos or intros, but keep contracting and pricing authority with you and prohibit the affiliate from quoting or binding you.
