FREE Australian Website Affiliate Agreement

A free Website Affiliate Agreement used in Australia that sets forth the terms and rules under which affiliates of a web site can operate. The contract covers commissions, rights, termination, promotional materials and more.

Disclaimer:This was not drafted by an attorney & should not be used as a legal document.



WEBSITE AFFILIATE AGREEMENT

This Website Affiliate Agreement is made on [Date] by and between:

[Name of the Company], having its registered office at [Address], hereinafter referred as the Company;

AND



[Name of the Affiliate], having its registered office at [Address], hereinafter referred as the Affiliate.



WHEREAS:

For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and in consideration of the promises and covenants hereinafter contained the parties agree as follows:

Affiliate Program:



The Affiliate is desirous of participating in the affiliate program sponsored by the Company where under the Affiliate will have to sell the products of the Company to its customers on the website maintained by the Affiliate.



Promotional Materials:

Company will be responsible to provide all promotional materials, and links to place on the Website of the Affiliate directing its users or visitors to the Company’s website. The Affiliate must use only such materials in the same form as provided by Company.

Affiliate Tracking:



Any customer using the website of the Affiliate to purchase any product of the Company shall be tracked through the links by use of browser cookies technology.

Intellectual Property:



Company retains all right, ownership, and interest in the promotional materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the promotional materials.



Rights:

Company hereby grants to the Affiliate a non-exclusive, non-transferrable, royalty-free, limited world-wide license to use, reproduce, publish, perform and display the trademarks, logos and copyrighted materials of the Company.

Affiliate hereby grants to the Company a royalty free, worldwide, nonexclusive, perpetual and irrevocable license to use the Affiliate’s trademarks, trade names, logos and other copyrighted materials of the Affiliate.

Warranties:

The Affiliate agrees and warrants to company as follows:



(a) The Affiliate has the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally binding agreement enforceable against the Affiliate.

Commissions:

The Affiliate shall receive commissions at the rate of [Percentage] % of total sales made by the Affiliate to customers who access the Company’s website from the Affiliate’s website.

Term:

This Agreement will begin from the date above written and shall continue for a period of [Number of years] year.

Termination:



(a) Either party may terminate this Agreement at any time, with or without cause, by giving the other party thirty (30) days’ written notice of termination.

Governing Law:

This Agreement shall be interpreted under the laws of the State of [State], Australia. Any action relating to this Agreement must be brought in the federal or state courts located in the state of [State] and the parties hereto irrevocably consent to the jurisdiction of such courts.





COMPANY AFFILIATE



Date: Date:


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