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Affiliate Referral Agreement

Affiliate Referral Agreement Template for India

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Key Requirements PROMPT example:

Affiliate Referral Agreement

"I need an Affiliate Referral Agreement for my e-commerce platform in India, with specific provisions for social media influencers and content creators, including detailed commission structures for different product categories and compliance with digital marketing regulations."

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Document background
The Affiliate Referral Agreement is essential for businesses operating in India's growing digital economy who wish to expand their reach through partner marketing programs. This document is particularly relevant in the context of India's evolving e-commerce and digital marketing landscape, where businesses increasingly rely on affiliate partnerships for growth. The agreement must comply with Indian contract law, IT regulations, and data protection requirements while addressing specific aspects of the affiliate relationship such as commission structures, performance tracking, and payment terms. It's designed to protect both the principal company and the affiliate partner while ensuring compliance with Indian regulatory frameworks, including the Information Technology Act, 2000, and relevant tax laws. The Affiliate Referral Agreement becomes especially critical when establishing formal partnerships with influencers, content creators, or marketing agencies in India's digital ecosystem.
Suggested Sections

1. Parties: Identification of the principal company and the affiliate, including registered addresses and company details

2. Background: Context of the agreement and brief description of the parties' businesses

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of affiliate appointment and scope of authorized activities

5. Affiliate Obligations: Detailed responsibilities and requirements for the affiliate

6. Principal Company Obligations: Responsibilities and commitments of the principal company

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

8. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and marketing materials

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: Compliance with data protection laws and handling of customer data

11. Term and Termination: Duration of agreement and conditions for termination

12. Post-Termination Obligations: Obligations and restrictions after agreement termination

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

14. General Provisions: Standard legal provisions including notices, amendments, and severability

Optional Sections

1. International Operations: Additional provisions for cross-border activities and compliance with FEMA

2. Exclusivity: Terms for exclusive territorial or product rights, if applicable

3. Insurance: Requirements for insurance coverage by either party

4. Performance Targets: Specific performance metrics and consequences of not meeting them

5. Training and Support: Details of training and support provided by the principal company

6. Compliance with Industry Regulations: Specific provisions for regulated industries

7. Sub-Contractors: Terms for engaging sub-affiliates or sub-contractors

8. Force Majeure: Provisions for handling unforeseen circumstances and events beyond control

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission structures and rates

2. Schedule 2 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

3. Schedule 3 - Territorial Scope: Definition of geographical areas covered by the agreement

4. Schedule 4 - Technical Requirements: Technical specifications for tracking referrals and integration

5. Schedule 5 - Reporting Format: Templates and requirements for performance reporting

6. Appendix A - Compliance Checklist: Checklist of regulatory and compliance requirements

7. Appendix B - Brand Guidelines: Guidelines for using the principal company's brand assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

































Clauses






























Relevant Industries

E-commerce

Digital Marketing

Technology

Retail

Financial Services

Education Technology

Travel and Hospitality

Software and SaaS

Healthcare Technology

Consumer Goods

Professional Services

Online Gaming

Digital Content and Media

Relevant Teams

Legal

Marketing

Business Development

Compliance

Finance

Operations

Partner Relations

Commercial

Digital Marketing

Sales

Relevant Roles

Business Development Manager

Affiliate Program Manager

Digital Marketing Director

Legal Counsel

Compliance Officer

Partnership Manager

Marketing Operations Manager

Channel Sales Manager

Chief Marketing Officer

Commercial Director

Affiliate Network Manager

Business Strategy Manager

Contract Administrator

Partner Success Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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