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 SaaS affiliate agreement template is the legal skeleton. Pair it with a separate affiliate program terms template for day-to-day rules, then send the affiliate onboarding email template when a partner is approved. Have the agreement 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.
If your program runs on Stripe subscriptions, make the contract match the actual tracking workflow. The Stripe affiliate software page explains how collected invoices, refunds and recurring commissions flow through RefCampaign.
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 operating rules: Affiliate program terms template
- The launch email: Affiliate onboarding email template
- 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. Compare plans when you are ready to turn the agreement into a live program.