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…Can someone recommend a free standard affiliate Terms & Conditions form generator?
There is no such animal. Everybody’s T&C will vary, depending upon one or more, of the following non-inclusive factors:
- What legal jurisdiction your business and/or website is in.
- What legal jurisdiction the owner(s) live in.
- The kind of affiliate program you want to operate.
- Any particular “sticklers” you want to throw at your affiliates.
But it is mostly due to points 1 & 2, that you will never find a legitimate “standard” form generator.
The best suggestion is to look at what other affiliate programs are doing, copy the T&C that you like, and make sure what you end up with passes the legal “smell test.”
Thank you wzp and Happy New Year!
I found this affiliate agreement and the website owner says it can be copied-but not word for word. (change all the places where it says “Merchant.com” with your web address and other such particulars).
[http://www.amnavigator.com/wm.htm]
Thanks again,
Steve
I suggest that, unless you have an understanding of your jurisdiction’s laws, you run whatever you finally come up with past some kind of legal adviser. The “example” has a few terms that, in some countries, can make you legally liable for the behavior of your affiliates (and 15.7 does not get you off the hook).
Thank you for the heads-up wzp! Can you please point out the “few terms that, in some countries” can make me legally liable?
Can you please point out the “few terms that, in some countries” can make me legally liable?
Here are two plausible examples:
All of 2.1.1 through 2.1.4 constitute what is commonly referred to as “Morality Clauses.” Imagine if your affiliate lives in an Islamic majority country, and the muṭawwiʿ (Islamic Religious Police) catch them doing “something.” Clause 3.1 can be interpreted to mean that you are personally accountable for keeping the affiliate in line, and now a fatwa gets issued against you…
Clause 2.1.3, may cause issues for affiliates in countries that are not progressive, when it comes to gender issues. Is what you are selling so important, that you must proselytize affiliates living in other countries?
Keep It Simple…
Unless you know what you are getting into, stop using off-topic legal gobbledygook. Remember, English Common Law is not universally accepted around the world. Keep the T&C “on point,” and limited solely to how your affiliate program is supposed to work.
Wzp – Thank you again for providing your broad perspective, depth of knowledge and support excellence. I did hire an attorney for the licensing agreement and copyright registration of my course materials but the affiliate agreement, terms of service and privacy policy were not in the budget. That is why I had to go with a “template” (for the affiliate) and a generator for the TOS and Privacy (WP plugin “Auto Terms of Service and Privacy Policy”). The affiliate agreement is a necessity and the one I used seems to cover the required bases (I got it from amnavigator.com and modified it). Taking into account your observations, I have now modified 3.1 to read: “…we may notify you of any changes to your site that we feel should be made (unless those changes would be in opposition to any laws in your jurisdiction),… I have also modified 15.7. to read: If any provision of this Agreement is held to be invalid, unenforceable, or in opposition to the laws of your jurisdiction,…
I just wanted to let you know your insights are appreciated and useful. Happy New Year to you and yours!
You might also add something like… “These terms are based upon the laws of (wherever @stevecarr lives). If any of the terms are in conflict with the laws of…” That way it is obvious where your mind was, when you wrote the thing.
- What legal jurisdiction your business and/or website is in.
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