How to write affiliate program terms and conditions

An affiliate runs paid ads using your brand name as the keyword. Another stacks unauthorized coupon codes at checkout. Both believe they are helping you sell. Without written affiliate program terms, every dispute becomes a he-said-she-said argument in your inbox.

Clear terms turn vague expectations into a shared contract. They explain how commissions work, what promotion methods are allowed, and what happens when someone breaks the rules. Here is how to write affiliate program terms and conditions that protect your brand while staying fair to honest partners.

How to write affiliate program terms and conditions

Start with definitions. Name your company, explain what counts as a qualified conversion, and define key terms like cookie window, net revenue, and payout threshold. Plain language beats legal jargon that affiliates skim and ignore.

Commission section comes next. State rates, whether they apply to discounted orders, how refunds affect earnings, and when payments go out. If tiers or product-specific rates exist, describe how affiliates know which rate applies to which link.

Promotion rules prevent the most common conflicts. Specify whether paid search on your brand name is allowed, how coupon codes may be used, whether email promotion requires opt-in lists, and how affiliates must disclose their relationship with you.

Sections every affiliate agreement should include

Tracking and attribution language sets expectations when cookies expire or when multiple affiliates touch the same buyer. Point partners to your attribution model so they understand who gets credit in edge cases.

Brand usage guidelines protect trademarks and messaging. Provide approved logos, spell out forbidden claims, and ban misleading before-and-after statements if your product category requires caution.

Termination and modification clauses explain how either party can exit and how you will notify affiliates about term changes. Reasonable notice periods reduce backlash when you update rates or policies.

Keeping terms readable and enforceable

Long documents nobody reads fail in practice. Use short sections, bullet points where helpful, and a summary box on your signup page highlighting the most important rules.

Require explicit acceptance at signup. A checkbox linked to the full agreement creates a clear record that partners agreed before receiving links.

Terms connect to legal and ethical obligations covered elsewhere in this series. Read FTC disclosure requirements for affiliates and how to onboard new affiliates to align your paperwork with how partners actually promote you.

Include a FAQ section on your public program page that translates the legal language into everyday answers. Partners read the summary first and reference the full agreement when edge cases appear.

Version your terms with dates at the top of the document. When affiliates email about old screenshots of rules, you can point to the version they accepted at signup.

Frequently asked questions