The affiliate agreement defines the relationship between merchant and affiliate: what is paid, how, and within which limits. It serves both to set expectations and to protect both parties in a dispute over a commission or non-compliant behaviour.
This template is a skeleton for a SaaS affiliate program. It covers the clauses that matter most in practice. Have it reviewed by a lawyer before use: a standard contract is no substitute for adapting it to your situation.
The clauses that matter
- Commission: rate, calculation base (net amount collected via Stripe, for instance), and above all recurrence — a one-off commission or one paid for as long as the customer keeps paying.
- Attribution: the matching rule (last click), the attribution window (cookie duration), and what happens when channels overlap.
- Approval and payment: a holding period (time to cover refunds and failed payments), clawback on refund or churn, payment threshold and frequency, and a mandatory invoice before any payout.
- Affiliate obligations: disclosure of the commercial relationship (see FTC and GDPR compliance), brand respect, accurate information.
- Prohibitions: self-referral, fraud, spam, brand bidding, fake reviews.
- Personal data: each party's role under the GDPR, the purpose of tracking, retention period.
- Term, termination, governing law.
The template
AFFILIATE AGREEMENT
Between:
[Merchant company name], hereinafter "the Merchant",
And:
[Affiliate name / company name], hereinafter "the Affiliate".
1. PURPOSE
The Affiliate promotes the Merchant's products and earns a
commission on the sales it generates, under the conditions
below.
2. COMMISSION
- Rate: [X] % of the net amount per attributed sale.
- Recurrence: [one-off] / [recurring for the lifetime of the
subscription].
- Base: revenue actually collected via [Stripe].
3. ATTRIBUTION
- Rule: last click.
- Attribution window: [30] days.
- A sale is attributed only once the payment is collected.
4. APPROVAL AND PAYMENT
- Holding period: [30] days after the sale.
- Clawback on refund or cancellation during the holding
period.
- Payment threshold: [50] EUR. Frequency: [monthly].
- Every commission is paid on receipt of a compliant invoice
issued by the Affiliate.
5. AFFILIATE OBLIGATIONS
- Disclose the commercial relationship in its publications.
- Not misrepresent the Merchant's products or brand.
- Provide accurate information (identity, bank details, tax
information).
6. PROHIBITIONS
The following are prohibited: self-referral, fraud, spam,
bidding on the Merchant's brand, fake reviews. Any breach
voids the commissions concerned.
7. PERSONAL DATA
Tracking-related data is processed in accordance with the
GDPR. [Specify each party's role.]
8. TERM AND TERMINATION
Open-ended agreement, terminable by either party with [30]
days' notice. Commissions approved before termination remain
due.
9. GOVERNING LAW
This agreement is governed by the law of [country]. Disputes
fall under the competent courts of [city].
Signed in [city], on [DD/MM/YYYY].
The Merchant: ________ The Affiliate: ________
This template is a starting point, not a turnkey contract. The recurrence, clawback and personal-data clauses must be adapted to your product and reviewed by a lawyer.
Related resources
- The affiliate's status: Affiliate legal status in the EU
- The matching invoice: Affiliate commission invoice template
- Paying by the book: Paying sole-trader affiliates in the EU
- Launch a program: how to set up an affiliate program for SaaS
How RefCampaign helps
RefCampaign enforces the rules this contract describes automatically: rate, attribution window, holding period and clawback on Stripe refunds or churn. Every commission is traced, from click to collected payment, with data hosting in the EU.