AFFILIATE AND CONTENT CREATOR AGREEMENT
This Agreement takes effect on [DATE] between: CREATOR: [Creator Full Name] ("Creator") Creator contact/address for notices: [CREATOR CONTACT] BRAND: [Brand/Company Name] ("Brand") Brand contact/address for notices: [BRAND CONTACT]
1. PROGRAM AND CONTENT
Brand appoints Creator as a non-exclusive affiliate for [PRODUCTS]. Creator will create and publish [DELIVERABLES] on the schedule [DELIVERY]. Creator has no authority to make commitments on Brand's behalf. Brand will supply a unique link or code before publication, maintain a working checkout and provide accurate product information. Creator must use the assigned link/code, follow the agreed brief and not promise results or refunds Brand has not authorized. Brand remains responsible for customer orders, fulfillment and support.
2. COMMISSION AND ATTRIBUTION
Commission rate: [COMMISSION RATE]. Attribution window: [ATTRIBUTION WINDOW]. Attribution priority when multiple links or codes apply: [ATTRIBUTION RULE]. Qualifying sales are genuine purchases of the listed products tracked to Creator under these rules. Net sales means the amount actually collected for products, excluding sales tax, shipping, discounts, refunded amounts and chargebacks; no other deductions apply without agreement. Self-purchases, duplicate or fraudulent orders do not qualify. Brand will not retroactively change rates or attribution rules. New terms require written agreement and apply only prospectively; already earned commissions remain due.
3. FIXED FEE AND COMMISSION PAYMENTS
Creator will earn a commission on qualifying sales generated through their unique affiliate link or discount code. Commission rate, attribution window, and payout terms are specified in the campaign brief. Commissions are paid monthly, net-30.
Additional fixed production fee: USD $[AMOUNT] (enter 0 if none). This fee is separate from commissions and is due within 15 days after conforming delivery and review. Brand will issue a monthly commission statement and pay commissions within 30 days of month-end, with no minimum payout threshold. Refund and chargeback reversals must identify the affected order and reason. A reversal cannot exceed that order's original commission. Brand may offset a substantiated reversal against future commissions, but may not withhold unrelated undisputed payments. There is no guaranteed income or sales volume.
4. REPORTING, TRACKING AND DISPUTES
Brand will provide monthly order-level reporting with customer data minimized, showing dates, attributed orders, net sales, applicable rate, deductions and payable commission. Creator may question a statement within 60 days; Brand will investigate and reply within 15 days with supporting records. Brand must promptly disclose tracking outages and consider reasonable evidence such as codes or platform records to reconcile affected sales. Neither party receives unrestricted customer data. Once per year on reasonable notice, Creator may have an independent reviewer bound to confidentiality inspect records relevant to disputed commissions at Creator's expense, unless a material underpayment is found, in which case Brand pays reasonable review costs.
5. REVIEW AND REVISIONS
Brand has five business days after receipt to approve or give one consolidated list of specific departures from the agreed brief. One revision round to address those departures is included, due within five business days of receiving feedback. A changed brief, new concept, extra version or reshoot caused by Brand requires a separately agreed fee and deadline. Silence does not permit publication of an unapproved endorsement: Creator may invoice work conforming to the brief after the review period and pause further work pending feedback. Brand cannot delay payment indefinitely by withholding feedback. Brand-caused delays extend deadlines by the corresponding delay; the parties will agree a new date when rescheduling is necessary.
6. USAGE LICENSE AND EXPIRY
Organic use only on the channels expressly listed in this Agreement. No paid advertising or account access is included. Posting by Creator is required only if expressly included in the deliverables.
Permitted channels/accounts: [CHANNELS]. Territory: [TERRITORY]. License starts: [USAGE START]. License duration: [USAGE TERM]. The license is non-exclusive and limited to the final approved Content, the stated channels, territory and period. It takes effect only after compensation currently due for that Content has been provided. Where only future affiliate commissions are owed, the license may begin on approved delivery while Brand meets its reporting and payout obligations; it does not require prepayment of commissions not yet earned. Missing license terms must be agreed before use; they do not grant perpetual or unrestricted rights. Brand may let a service provider operate the campaign on its behalf under these same limits and remains responsible for that provider. No resale, sublicensing to other brands or use outside this scope is allowed. On expiry, stop ads and remove licensed copies from Brand-controlled public channels within five business days; secure internal legal records may be retained. Renewals require written agreement on scope and price.
7. OWNERSHIP AND PERMITTED EDITS
Creator retains copyright, pre-existing materials and all rights not expressly licensed. No work-made-for-hire status, copyright assignment or exclusivity is created. Brand retains its trademarks and supplies permission to use its materials solely to perform this Agreement. Each party must obtain permission for people, music, stock assets and other materials it supplies, for the actual licensed uses; trending platform audio is not assumed cleared for advertising. Brand may crop, resize and add accurate captions without changing the meaning. Other edits require Creator's written approval. Creator's name, voice and likeness may be used only as included in the licensed Content. AI training, synthetic voice, digital replicas and misleading endorsements are excluded. Creator may show publicly released Content in a portfolio, subject to confidentiality.
8. DISCLOSURES AND HONEST CLAIMS
Creator will clearly disclose payment, free products or affiliate commissions whenever endorsing Brand. Disclosures must appear with the endorsement, be easy to notice and understand, and use the endorsement's language. A platform label alone, a buried hashtag or the words "affiliate link" alone may not explain the relationship. Brand will give disclosure instructions, monitor sponsored publications and promptly request corrections. Neither party may remove required disclosures or require a positive review. Brand is responsible for substantiating product claims it supplies; Creator will describe only genuine experience and will not add unsupported performance, health or earnings claims.
9. PROHIBITED METHODS AND TERMINATION
Cookie stuffing, fake clicks, unsolicited bulk messages, impersonation, unauthorized trademark bidding and undisclosed incentives are prohibited. Paid promotion of affiliate links needs prior written permission. Either party may end the program on 14 days' written notice, or after a material breach remains uncured seven days after notice; suspected fraud may justify suspending the affected traffic while it is investigated. Creator stops new promotions and removes active links under their control at termination. Brand pays accrued commissions and sales from pre-termination clicks that convert within the original attribution window, on the regular payment schedule, even after access is closed. Brand must provide a final statement after that window; no arbitrary forfeiture applies. Fixed fees and licensed uses are settled on their stated terms.
10. CONFIDENTIALITY AND PERSONAL DATA
Each party will protect non-public briefs, launch plans, prices, credentials and personal information received from the other, use them only for this engagement and share them only with people who need them and are bound to protect them. This does not cover information already public without breach, independently developed, or lawfully received from someone else. Legally required disclosures are permitted, with prior notice where lawful. On request or termination, confidential information will be returned or deleted, except legally required records and secure backups. These duties continue for two years after termination; trade secrets remain protected while they qualify as such. Shipping and contact details may not be used for unrelated marketing.
11. RESPONSIBILITY AND INDEPENDENT STATUS
Each party confirms it has authority to sign and will comply with laws and platform rules applicable to its own conduct. Creator is an independent contractor responsible for their equipment and taxes; this Agreement does not create employment, a partnership or authority to bind the other party. Brand will reimburse only expenses approved in writing beforehand. Each party is responsible for direct losses caused by its breach, negligence or infringement by materials it supplies. Neither party guarantees views, sales or platform availability. Neither is liable for speculative lost profits or indirect damages, except where exclusion is prohibited by law. Nothing limits liability for fraud, intentional misconduct, unpaid agreed compensation or rights that cannot legally be limited.
12. NOTICES, DISPUTES AND ENTIRE AGREEMENT
Notices must be sent to the contact addresses above; receipt must be acknowledged or otherwise evidenced. The parties will first try in good faith to resolve a dispute for 15 days after written notice, without preventing urgent court relief or mandatory statutory remedies. Governing law and courts: [GOVERNING LAW AND COURTS], subject to mandatory applicable law. This Agreement and any brief expressly accepted by both parties are the entire agreement. This Agreement controls a conflict with a brief unless a signed amendment identifies the clause being changed. Changes, renewals and transfers of this Agreement require both parties' written consent. An invalid provision does not invalidate the rest. Electronic signatures and counterparts may be used to the extent permitted by applicable law. Each signatory confirms authority to bind the named party.
CREATOR SIGNATURE: _________________________ DATE: _______ BRAND AUTHORIZED SIGNATURE: _________________________ DATE: _______ Brand signatory name and title: _________________________