Is an affiliate a commercial agent?

Usually not. Affiliates act independently, without being bound by instructions and without the continuous engagement typical of a commercial agent under German commercial law (§ 84 HGB). If the actual collaboration does approach a commercial-agency relationship, you should look at our separate commercial agency agreement.

Does every affiliate link have to be marked as advertising?

Yes. Under German unfair-competition law (§ 5a para. 4 UWG), commercial communication must be clearly identifiable as advertising — this obligation is mandatory, cannot be contractually excluded, and is included as its own clause under every commission model in the contract.

What happens to the commission if the customer withdraws?

The commission is reversed retroactively. The wizard provides that a commission credit only becomes final after the applicable withdrawal or return period has expired — until then, it is treated as provisional.

Contract templates currently German only

Affiliate / Partner Program Agreement

Set up your partner program cleanly — commission model, tracking and advertising labeling clearly set out instead of silently assumed.

Standard

The affiliate / partner program agreement governs the relationship between a merchant running a partner program and an affiliate who promotes products or services for a performance-based commission. The wizard steers the commission model (pay-per-sale, pay-per-lead, or the rare and fraud-prone pay-per-click), the tracking method and cookie lifetime, the advertising disclosure required by law (§ 5a UWG), prohibited promotion methods (e.g. keyword bidding on brand terms, cookie stuffing), payment terms, and the cancellation conditions when the referred purchase is withdrawn from.

Create contract Pricing & credits

from 35 credits · available in DE

Affiliate / Partner Program Agreement — example image

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Sample preview

Affiliate.pdf

AFFILIATE / PARTNER PROGRAM AGREEMENT

between [Merchant] and [Affiliate]

§ 1 Preamble — § 2 Subject of promotion

§ 3 Commission — § 4 Tracking and attribution

§ 5 Advertising disclosure — § 6 Prohibited promotion methods

§ 7 Payment terms — § 8 Cancellation, withdrawal and returns

Real preview in the wizard · export as PDF + DOCX

What's in this template

Numbers from the actual definition — not marketing slides.

Clauses: 20
Clause variants: 3
Wizard fields: 24
Quality checks: 5
Legal basis citations: 4

What the contract contains

Commission model: pay-per-sale, pay-per-lead or pay-per-click with a fraud warning
Tracking method (cookie, server-to-server or link parameter) and attribution window (cookie lifetime)
Mandatory advertising disclosure under German unfair-competition law (§ 5a UWG)
Prohibited promotion methods: keyword bidding on brand terms, spam, misleading advertising, cookie stuffing
Payment terms: minimum payout amount, monthly or quarterly rhythm
Cancellation conditions when the referred purchase is withdrawn from or returned
Trademark usage rights subject to the merchant's right of revocation

Optional additional clauses

Non-competition clause during the contract term (no promotion of direct competing products)
Specify protected brand names/search terms for the keyword-bidding ban

When you need this contract

Setting up your own partner program for bloggers, creators or website operators
Setting the commission model, minimum payout amount and payment rhythm in a binding way
Contractually securing the advertising disclosure obligation and prohibited promotion methods
Creating clarity about when a commission is reversed after a withdrawal or return

Who it is for: Companies that run or are building their own affiliate / partner program and want to put their collaboration with affiliates in writing.

AI text assistance in the wizard

For complex fields such as the scope of services or the purpose, you can request a suggestion via the sparkle button — the suggestion stays editable before it enters the contract.

Direct lawyer handover

Once created, you can hand the contract to a suitable lawyer from our network with one click — including full text and metadata.

Legal notice

This template does not replace legal review for international affiliates with tax questions, disputes over attribution/click fraud, or when the actual collaboration approaches a commercial-agency relationship (in that case, our commercial agency agreement is the right template).

Our templates are ready-made documents that you adapt to your case. They are not legal advice and do not replace a review by a lawyer; we give no guarantee of correctness, completeness or up-to-dateness. Use is at your own responsibility.