Affiliate Agreement

Brandian Private Limited Affiliate Agreement

1. Introduction

This Affiliate Agreement ("Agreement") is made between Brandian Private Limited ("Company"), with its principal place of business at [Company Address], and the Affiliate ("Affiliate"), collectively referred to as the "Parties."

2. Definitions

  • Affiliate: An individual or entity that promotes the Company’s products and earns commissions on sales made through their unique referral links.
  • Commission: The percentage of revenue earned by the Affiliate for sales made through their referral link.
  • Referral Link: A unique URL provided to the Affiliate for tracking sales and commissions.

3. Enrollment

To become an Affiliate, you must complete the online registration form and agree to the terms and conditions outlined in this Agreement. The Company reserves the right to accept or reject any application at its discretion.

4. Affiliate Responsibilities

  • Promotion: Affiliates are responsible for promoting the Company’s products using ethical and legal methods. Affiliates may use websites, blogs, social media, email marketing, and other online and offline channels.
  • Compliance: Affiliates must comply with all applicable laws and regulations, including but not limited to advertising and privacy laws.
  • Content: Affiliates must not promote the Company’s products on websites or platforms that contain objectionable content, including but not limited to pornography, violence, or illegal activities.

5. Commissions

  • Earning Commissions: Affiliates will earn commissions on qualifying sales made through their referral links. The commission rate is [Commission Rate]%.
  • Payment: Commissions are paid on a [monthly/quarterly] basis. Payments will be made via [payment method, e.g., bank transfer, PayPal] once the Affiliate's commission balance reaches [minimum payout amount].
  • Tracking: Sales are tracked using cookies with a [30/60/90]-day duration. If a customer returns a product, the corresponding commission will be deducted from the Affiliate’s account.

6. Term and Termination

  • Term: This Agreement will commence upon the Company’s acceptance of the Affiliate’s application and will continue until terminated by either party.
  • Termination: Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, the Affiliate must remove all promotional materials related to the Company from their channels.

7. Intellectual Property

  • License: The Company grants the Affiliate a non-exclusive, non-transferable, revocable license to use the Company’s trademarks, logos, and promotional materials for the sole purpose of promoting the Company’s products.
  • Restrictions: Affiliates may not modify the Company’s trademarks or logos in any way without prior written consent from the Company.

8. Confidentiality

Affiliates agree to keep all confidential information disclosed by the Company, including but not limited to commission rates, marketing strategies, and customer data, confidential and not disclose it to any third parties.

9. Limitation of Liability

The Company will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement. The Company’s total liability for any claim arising under this Agreement will not exceed the amount of commissions paid to the Affiliate in the preceding [6/12] months.

10. Indemnification

The Affiliate agrees to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, liabilities, and expenses arising out of or related to the Affiliate’s promotion of the Company’s products or breach of this Agreement.

11. Governing Law

This Agreement will be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.

12. Miscellaneous

  • Amendments: The Company reserves the right to modify or amend this Agreement at any time. Affiliates will be notified of any changes via email or through the affiliate dashboard.
  • Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

By submitting the affiliate application, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Affiliate Agreement.