Let me preface this post by saying I am not a lawyer this is just my personal opinion. You should have a lawyer review your agreement template before you start using it.
Since I started writing about private affiliate offers last year, a lot of people have asked me how to set up your private affiliate contract. Here are the general things I would recommend including:
1. First of all, define the parties involved in the agreement. It should be clear who are the actors in the agreement and their roles.
2. Who pays for what. Clearly outline who pays for advertising, design, hosting, the leads etc. Don’t leave anything to chance.
3. Lead exclusivity. I only work with exclusive leads, but either way its good to note it in the agreement.
4. Lead scrubbing. Define how leads will be checked for validity. Who will pay for partially incomplete leads, or leads that don’t match your accepted parameters?
5. Information exchange. The process of transferring the lead to the customer needs to be explained. Email, secure login, database for example…
6. Term of the agreement. How long will it be in effect?
7. Changes of the agreement. What is the process if you or the other party wants to amend the contract?
8. Lead/Action fees. This should probably be its own section. Spell out exactly the cost per lead in any scenario and volume.
9. Payment. Clearly lay out how and when you need to be paid for your services. Most business are used to Net 30 terms. How will you be paid? Check? Wire?
10. Define the lead or action. In complete detail its important to specify exactly what the lead or action includes. Example: Name, Address, Phone, Email
11. Geo-targeting. What exact locations can leads come from? Be sure to work with the customer before hand to get this in the contract.
12. Legal stuff. Confidentialy, imdemnification, and complete agreement clauses. These are where a lawyer comes in handy. But there are some good templates you can find out there, and just modify them to suit your needs. I would definitely include these items though.
These are the bare minimums I would include before starting a working relationship with a company. You may have to add many more sections depending on the complexity of the situation.
Good luck!
Word. Thanks for the great info.
Always with the great information!
Here is pretty much the best one I have found, Chad; http://docs.google.com/gview?a=v&q=cache:q6KCLOBZTRQJ:www.partainphotography.com/extra/ReferralContract.pdf+sample+referral+contract&hl=en&gl=us
This is great info for anyone looking to create a private affiliate program. Many people might overlook this step and just copy the first agreement they find. Since it is a very important legal agreement, you do have to ensure that all your bases are covered.
Has anyone managed to find another example, the on posted by Yard Flemmings seems to be no longer there.
I have been going on verbal agreement for the few I have set up so far, with the promise of getting a contact signed when I provide one. Problem is, I don’t know where to start – I have only ever done fixed rate work before…
This is a great guide to me…
The steps to that seems to be very great..
Its been a exciting experience reading every single word of this post. Private Affiliate programs are the buzz these days, and to know this concept from the core is a wonderful thing.
Since agreement is the most crucial factor of a private affiliate program, so it must be exactly as you have mentioned to be flawless.
Really great info on how to write a private affiliate agreement, all the different steps you touched on look to be really logical, and they make sense =D
Till then,
Jean
Chad:
PLEASE upload one of those templates, PLEASE do it…
Im also looking for a contract for those cases when u dont sell per lead
but u do a % per sale comission agreement.