Affiliate Program Linking Agreement (B2B)

Affiliate Program Linking Agreement (B2B)


This agreement should be used where a company agrees to pay a marketing Affiliate which has joined its affiliate program network, an Affiliate Commission payment at the agreed Commission Rate where that Affiliate promotes the company’s products and/ or services online and those promotional activities result in a potential customer clicking through to the company’s website where the purchase can be completed resulting in a “Qualifying Transaction”. This agreement relates to the sale and download of an App but it can easily be tailored to relate to something else.

Companies normally affiliate when an arrangement is agreed to work together for their mutual benefit. One company might have a product or service that would compliment the product and service of another company. Rather than trying to compete against each other, it may make sense for both companies to agree to work together in order to maximise profit to be shared between them.


You should consider the following:

  • Before agreeing to anything it is vital that the company has researched the proposed Affiliate extensively.
  • You may want to consider obtaining legal and/or accountancy advice and asking the other side to do the same.
  • As the company, You need to get a full and accurate understanding of the Affiliate before you make any contractual legal link to them. Remember, it is your business’s reputation that you are potentially risking by agreeing to work with the Affiliate. It is therefore important that you can be confident that the association will have no negative impact on your business and its reputation.
  • Will there be “Affiliate Exclusivity”? i.e. will the company want to prevent the Affiliate from working with any third party during the Term that provides the same or similar services?
  • How and what will the Affiliate be paid? Will payment be dependant on actual sales?
  • How long will the agreement be in effect?
  • As the company, what will you want to cap you liability at?

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