Federal Trade Commission, in the year 2015, announced its fresh guidelines for affiliate disclosures. You can check them out in detail by clicking the link above.
These guidelines are in place to ensure that readers or viewers of internet media are aware if a blogger or writer has been sponsored, endorsed, or partnered with a specific company. The readers need to know if the content writer is making money by sharing a link or a product.
1. Affiliate Agreement. This Affiliate Disclosure Agreement (“Agreement”) is made by and between o.bike and Amazon.com respectively, effective as of the date of electronic acceptance.
2. Affiliation. For the purposes of this Agreement, “Affiliate” refers to any entity that controls, is controlled by, or is under similar control with the party referred to in the subject line above. To be considered controlled by a party, the party must directly or indirectly hold more than 50% of its voting interests.
3. Relationship. The Affiliate agrees that it has not been induced to enter into this Agreement in reliance upon any warranty, representation, or other promise made by or on behalf of (Site Name) except as specifically set forth herein. The Affiliate further acknowledges that it has carefully read this Agreement and understands all of its terms.
4. Term. The term of this Agreement will begin on the date of electronic acceptance and will continue in full force and effect until terminated by either party as per the terms of the Agreement (the “Term”).
5. Affiliate Obligations. During the Term, the Affiliate agrees to use commercially reasonable efforts to promote, market, and drive traffic to the site located at o.bike (the “Site”). The Affiliate agrees not to engage in any activity that reasonably could be expected to damage or dilute the goodwill associated with (Site Name) ‘ name and marks.
6. Affiliate Links. The Affiliate will be provided with a unique link to the Site (the “Affiliate Link”). The Affiliate will place the Affiliate Link on its website or other promotional materials in a manner reasonably calculated to drive traffic to the Site. The Affiliate Link will serve as a portal to the Site and all visitors will be tracked through the Affiliate Link in order for the Affiliate to earn commissions on sales generated by such visitors.
7. Commission Structure. For every Qualified Purchase (as defined below) made by a visitor that is tracked through the Affiliate Link, the Affiliate will earn a commission equal to (1-5)% of the net sale price of such Qualified Purchase (the “Commission”). A “Qualified Purchase” means a purchase of (1-10)$ or more made by a visitor to the Site who is not an Affiliate. Commissions will be paid out on a monthly basis and will be calculated based on Qualified Purchases made in the prior month. Commissions will be paid out within 30 days after the end of each month.
8. Affiliate Warranties. The Affiliate warrants that it has all necessary authority to enter into this Agreement. The Affiliate further warrants that its website does not and will not contain any content that is obscene, libelous, hateful, tortious, defamatory, slanderous, or illegal.
9. Indemnification. The Affiliate hereby agrees to indemnify and hold harmless (Site Name), its Affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages (actual and consequential) of every kind and nature, Not limited to, but including reasonable attorneys’ fees arising out of a breach of this Agreement.
10. Affiliate Status. The terms of this Agreement cannot be construed as to place the Affiliate in the position of an employee, agent, or partner of (Site Name). The Affiliate acknowledges that it is an independent contractor and as such is not entitled to any of the benefits afforded to employees of (Site Name).
Disclaimer. APART FROM WHAT IS SET FORTH IN THIS AGREEMENT, (Site Name) MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER HEREOF AND HEREBY EXCLUDES ALL IMPLIED WARRANTIES INCLUDING W/O LIMITATION WARRANTIES OF FITNESS AND MERCHANTABILITY FOR A PARTICULAR PURPOSE.