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Affiliate Marketing Contract

Affiliate Marketing Contract Template for Malaysia

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Key Requirements PROMPT example:

Affiliate Marketing Contract

"I need an Affiliate Marketing Contract for my Malaysian e-commerce company that sells luxury skincare products, with specific provisions for social media influencers as affiliates and strict guidelines on product claims and marketing compliance."

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Document background
The Affiliate Marketing Contract is essential for businesses operating in Malaysia who wish to expand their market reach through affiliate marketing programs. This document is specifically designed to comply with Malaysian legal requirements while protecting both the merchant's and affiliate's interests. The contract addresses key aspects such as commission structures, payment terms, marketing guidelines, and compliance with local regulations including the Personal Data Protection Act 2010 and Electronic Commerce Act 2006. It's particularly relevant for e-commerce businesses, digital service providers, and companies seeking to establish or manage affiliate marketing programs in Malaysia. The agreement includes necessary provisions for tracking sales, managing commissions, protecting intellectual property, and ensuring compliance with Malaysian advertising and consumer protection laws.
Suggested Sections

1. Parties: Identification of the merchant/company and the affiliate marketer, including full legal names and registered addresses

2. Background: Context of the agreement, brief description of the business relationship and purpose of the affiliate marketing arrangement

3. Definitions: Detailed definitions of key terms including 'Qualified Sales', 'Commission', 'Tracking System', 'Affiliate Links', 'Cookies', etc.

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

5. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment thresholds

6. Payment Terms: Payment schedule, method, currency, and any conditions for payment

7. Affiliate Obligations: Specific responsibilities and requirements for the affiliate's marketing activities

8. Company Obligations: Company's responsibilities including tracking, reporting, and support

9. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and marketing materials

10. Compliance Requirements: Marketing guidelines, regulatory compliance, and prohibited practices

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

12. Data Protection: Obligations under PDPA 2010 and handling of customer data

13. Confidentiality: Protection of confidential information and trade secrets

14. Governing Law: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Non-Compete Clause: Restrictions on working with competitors, used when protecting market position is crucial

2. Performance Targets: Specific marketing performance requirements, used for performance-based agreements

3. Territory Restrictions: Geographical limitations on marketing activities, used for region-specific campaigns

4. Sub-Affiliate Relations: Terms for managing sub-affiliates, used when allowing affiliate network expansion

5. Special Promotions: Terms for participating in promotional campaigns, used for seasonal or special marketing events

6. Training and Support: Details of training provided to affiliates, used for complex product marketing

7. Insurance Requirements: Specific insurance coverage requirements, used for high-value or regulated products

8. Audit Rights: Terms for auditing affiliate activities, used for compliance-sensitive industries

Suggested Schedules

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

2. Schedule 2 - Approved Marketing Materials: List of pre-approved marketing materials, templates, and brand guidelines

3. Schedule 3 - Technical Integration Requirements: Technical specifications for affiliate links, tracking codes, and API integration

4. Schedule 4 - Reporting Format: Templates and specifications for performance reports and analytics

5. Schedule 5 - Prohibited Marketing Practices: Detailed list of prohibited marketing methods and examples

6. Appendix A - Brand Guidelines: Detailed brand usage guidelines and requirements

7. Appendix B - Data Processing Agreement: Specific terms for handling personal data in compliance with PDPA 2010

8. Appendix C - Compliance Checklist: Checklist of regulatory and compliance requirements for affiliate activities

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

Retail

Financial Services

Technology

Travel and Hospitality

Education

Healthcare

Digital Services

Consumer Goods

Software and Applications

Fashion and Apparel

Entertainment

Relevant Teams

Legal

Marketing

Digital Commerce

Business Development

Compliance

Finance

Sales

Partner Relations

Revenue Operations

Marketing Operations

Relevant Roles

Marketing Director

Digital Marketing Manager

Affiliate Program Manager

Business Development Manager

E-commerce Manager

Legal Counsel

Compliance Officer

Partnership Manager

Sales Director

Chief Marketing Officer

Digital Commerce Manager

Channel Manager

Marketing Operations Manager

Revenue Operations 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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