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February 23rd, 2008, 10:05 PM #1Any advice on writing an Affiliate Agreement?
If you read my intro, you already know that I was just assigned on Friday by the company that I work for, to be their Affiliate Manager.
My first task is to come up with an Affiliate Agreement. I've never done this before and I could use some advice, or at least to be pointed in the right direction.
Any help would be greatly appreciated.
February 23rd, 2008, 10:49 PM #2
Get Geno's book or attend Andy's seminar or get the Affiliate classroom training...all of them have great examples of agreements.
On second thought....do all of those anyway if you are starting out.
February 24th, 2008, 08:31 AM #3
Within hours of learning about my new job, I purchased Geno's book online. Based on all the great recommendations I have seen. Just waiting for it to arrive.
Not familar with Andy's training. I will have to look that up.
February 24th, 2008, 08:46 AM #4
- Join Date
- January 18th, 2005
In addition to using the other resources mentioned, it's always a good idea to search out affiliate agreements from other merchants, especially those in your industry but also any merchants who clearly have put a lot of thought into their agreements. Also, make sure that your affiliate agreement doesn't conflict with your network's agreements (with you and with affiliates).
You should always have you agreement reviewed by an experienced business attorney. I've seen a number of "affiliate agreements" that effectively convert affiliate relationships into "franchises" (subject to complex requirements) or "agency" relationships (expanding the merchant's legal liability for the affiliates' conduct), among many other problems.
February 24th, 2008, 03:08 PM #5
Mark is right on. Go read 10-15 other ones carefully. Pick some from parallel industries, competitors, and some that are not.
Highlight the parts you like and don't like (as a manager and as an affiliate)
then send it to your legal folks. Our agreement is essentially a revised version of some others. No need to reinvent the wheel, right?
As far as the franchisee model (this has little to do with the legal side) I would suggest it is more applicable than one would think. People have negative connotation of franchisees. This is because franchisees historically have been treated like crap...like second class citizens.
I believe there is more to the affiliate/merchant relationship than some do. I believe affiliates should be privy to information that some consider more confidential or unimportant to affiliates.
Be sure to keep your affiliates up to date on everything you do...even if you think it does not effect them.
Also, read David Novak's book "The Education of an Accidental CEO" and look for the parts where it talks about how Yum Brands (Taco Bell, KFC, Pizza Hut among others) treats their franchisees. Then you will understand why I am in favor of treating them as such.
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