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Affiliate Addendum Template for England and Wales

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Key Requirements PROMPT example:

Affiliate Addendum

"I need an Affiliate Addendum to modify our existing agreement with TechMarket Ltd to include new commission rates for social media promotions and add restrictions on AI-generated content, to be effective from March 2025."

Document background
The Affiliate Addendum is designed for use when parties need to modify or supplement their existing affiliate marketing arrangements under English and Welsh law. This document is typically employed when changes to commission structures, promotional methods, or compliance requirements necessitate formal documentation. The Affiliate Addendum addresses specific modifications while maintaining consistency with the original agreement, incorporating current regulatory requirements, data protection obligations, and industry best practices. It's particularly relevant for businesses adapting to new marketing channels, regulatory changes, or expanding their affiliate programs.
Suggested Sections

1. Parties: Identification of the contracting parties (affiliate network/company and affiliate)

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of affiliate appointment and permitted activities

5. Commission Structure: Payment terms, rates, and calculation methods

6. Obligations and Restrictions: Responsibilities and limitations of both parties

7. Term and Termination: Duration and termination provisions

8. Intellectual Property Rights: Protection and usage of trademarks, logos, and content

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: Compliance with data protection laws and handling of personal data

11. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Special Promotions: Terms for specific marketing campaigns and promotional activities

2. International Operations: Terms governing cross-border activities and international compliance

3. Industry-Specific Compliance: Additional compliance requirements for regulated industries (gambling, financial services, etc.)

4. Force Majeure: Provisions for handling unforeseen circumstances and events beyond parties' control

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission structures, rates, and payment calculations

2. Schedule 2 - Approved Marketing Materials: List of pre-approved promotional content and marketing guidelines

3. Schedule 3 - Technical Requirements: Technical specifications for tracking, reporting, and integration requirements

4. Schedule 4 - Prohibited Activities: Comprehensive list of forbidden marketing practices and restricted activities

5. Schedule 5 - Compliance Checklist: Checklist of regulatory requirements and compliance obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Rights Act 2015: Primary legislation governing consumer rights and business obligations in the UK, including unfair contract terms and digital content provisions

Electronic Commerce (EC Directive) Regulations 2002: Regulations governing electronic commerce and online business activities, including requirements for online service providers and commercial communications

Consumer Protection from Unfair Trading Regulations 2008: Legislation protecting consumers from unfair commercial practices, including misleading actions and aggressive practices in marketing

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR to regulate personal data processing and protection

UK GDPR: Post-Brexit adaptation of EU GDPR, setting standards for data protection and privacy in the UK

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, providing rules for advertising standards and marketing communications

Consumer Contracts Regulations 2013: Regulations governing distance selling and online contracts, including cancellation rights and information requirements

Financial Services and Markets Act 2000: Primary legislation governing financial services and markets regulation in the UK

Competition Act 1998: Legislation prohibiting anti-competitive behavior and abuse of dominant market positions

Enterprise Act 2002: Law governing market regulation and competition, including consumer protection provisions

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of contracts made between other parties

Payment Services Regulations 2017: Regulations governing payment services, including requirements for payment service providers and consumer protection measures

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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