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An Affiliate Agreement sets out the terms when one business promotes another's products or services for a commission. Under Belgian commercial law, these contracts spell out how affiliates can market products, what compensation they'll receive, and what activities are allowed or prohibited.

These agreements protect both parties by clearly defining performance metrics, payment schedules, and intellectual property rights. Belgian businesses often use them for online marketing partnerships, with specific provisions addressing EU consumer protection rules and data privacy requirements under GDPR. The agreement also outlines termination conditions and dispute resolution procedures according to Belgian contract law.

Use an Affiliate Agreement when launching any marketing partnership where someone promotes your products or services for a commission in Belgium. This becomes essential for e-commerce businesses, digital marketplaces, and online service providers working with influencers, bloggers, or other promotional partners.

The agreement needs to be in place before any promotional activities begin, especially when handling customer data or making revenue-sharing promises. Belgian businesses must have this documentation ready when working with EU-based affiliates, setting up tracking systems, or starting any performance-based marketing campaigns that involve third-party promoters.

• Affiliate Marketing Contract: Standard agreement for digital marketing partnerships, focusing on online promotion and commission structures, typically used by e-commerce businesses and online retailers.
• Participating Affiliate Agreement: More comprehensive version for complex affiliate networks or multi-party arrangements, including detailed performance metrics, network rules, and cross-border promotional activities within the EU.

• Merchants/Advertisers: Belgian businesses offering products or services through affiliate programs, responsible for setting commission rates and program terms
• Affiliate Partners: Content creators, bloggers, or marketing professionals who promote the merchant's offerings for commission-based compensation
• Affiliate Networks: Platform providers managing the technical infrastructure and payment systems between merchants and affiliates
• Legal Counsel: Lawyers who draft and review Affiliate Agreements to ensure GDPR compliance and Belgian commercial law requirements
• Compliance Officers: Internal staff monitoring affiliate activities and ensuring adherence to promotional guidelines and data protection rules

• Basic Details: Gather full legal names, addresses, and registration numbers of both merchant and affiliate parties
• Commission Structure: Define exact commission rates, payment thresholds, and calculation methods
• Promotional Guidelines: List allowed marketing channels, content restrictions, and brand usage rules
• Technical Requirements: Document tracking methods, reporting tools, and integration specifications
• Data Protection: Outline GDPR compliance measures and customer data handling procedures
• Term and Termination: Specify agreement duration, renewal options, and exit conditions
• Platform Support: Use our platform to generate a legally-sound template that includes all mandatory Belgian legal requirements

• Party Identification: Complete legal names, business numbers, and registered addresses of all parties
• Commission Terms: Detailed payment structure, calculation methods, and payout schedules
• Performance Metrics: Clear KPIs, tracking methods, and reporting requirements
• GDPR Compliance: Data processing terms, privacy obligations, and customer data protection measures
• Marketing Rules: Permitted promotional activities, brand usage guidelines, and content restrictions
• Termination Clauses: Notice periods, breach remedies, and post-termination obligations
• Dispute Resolution: Belgian jurisdiction, applicable law, and mediation procedures
• Signature Requirements: Electronic signature provisions compliant with Belgian eIDAS regulations

Affiliate Agreements are often confused with Agency Agreements in Belgian business law, but they serve distinct purposes. While both involve one party promoting another's interests, the legal relationships and responsibilities differ significantly.

• Agency Agreement: Creates a formal agency relationship where the agent has authority to bind the principal in business dealings, typically involving ongoing representation and broader responsibilities
• Legal Authority: Agency Agreements grant the agent power to negotiate and conclude contracts on behalf of the principal, while affiliates can only promote products without binding authority
• Compensation Structure: Agents usually receive regular commissions or fees regardless of sales, while affiliates earn only on successful conversions or sales
• Regulatory Framework: Agency relationships in Belgium are governed by strict commercial agency laws with mandatory provisions, while affiliate relationships have more flexibility in their terms