
How to Create an Affiliate Contract
Create a comprehensive affiliate contract with essential clauses, commission structures, legal protections, and FTC compliance to protect your program.

Build an affiliate compliance program that protects your brand: write guidelines, put them in your terms, review what affiliates publish and act on breaches.
Affiliate brand protection, which many teams run as an affiliate compliance program, is the set of rules, checks and consequences that keep your affiliates representing your brand accurately. Every affiliate who promotes you talks to potential customers in your name, and you are responsible for what they say on your behalf. This guide explains how to set guidelines, put them into your affiliate terms, monitor what affiliates do and respond when they break the rules.

Your affiliates are an extension of your brand. A partner who overstates what your product does, hides the fact that they earn commission or uses your name in a misleading way is speaking for you in the customer’s eyes.
The law treats that seriously. In the United States, the FTC’s Endorsement Guides say an advertiser can be liable for misleading or unsubstantiated statements made through endorsements, and for failing to disclose unexpected material connections with endorsers. The same rule says an advertiser may be liable for a deceptive endorsement even when the endorser is not (16 CFR 255.1 ). It also lists what advertisers should do: provide guidance to endorsers, monitor their compliance and take action sufficient to remedy non-compliance and prevent it in future. The FTC describes this as something that should reduce risk, not as a safe harbor.
The same guides require a clear disclosure when a connection between the endorser and the seller might materially affect the weight or credibility of the endorsement and the audience would not reasonably expect it (16 CFR 255.5 ). In its own guidance for affiliate marketers, the FTC says “affiliate link” alone may not be enough, because consumers might not understand that the person placing the link is getting paid, and that advertisers need reasonable programs to train and monitor members of their network (FTC: Endorsement Guides, what people are asking ).
This section describes US rules only, it is general information, not legal advice, and other countries have their own requirements. The practical point holds anywhere: a brand protection program is how you show that you provided guidance, checked and acted.
An affiliate compliance program is the routine that turns your rules into behavior. A working one has six parts:
Start small if you are building this from nothing: one policy, one checklist and one monthly review, then add detail as your program grows.
Guidelines tell affiliates what good representation looks like. The more specific they are, the fewer disputes you will have.
| Area | What to specify |
|---|---|
| Name and logo | Approved versions, minimum sizes, clear space, and what must not be altered |
| Messaging | Tone, key messages, and approved descriptions of your product |
| Claims | What affiliates may say, what they must not promise, and what needs your written approval |
| Disclosure | How and where affiliates must disclose that they earn commission |
| Channels | Where affiliates may promote you and where they may not |
| Prohibited tactics | Brand bidding, cookie stuffing, spam, misleading offers and similar practices |
| Support | Who to contact, and how quickly you respond to approval requests |
Pair the rules with examples. A short “do and don’t” page with one compliant and one non-compliant ad, email or review is easier to follow than a long policy document. If you need help explaining disclosure to affiliates, our disclosure generator can help them write a statement.
A guidebook turns your guidelines into something affiliates can use on a busy day. Keep it short enough to read in one sitting, and make it easy to find in your onboarding emails and affiliate panel. Offer two formats: a full guide for reference and a one-page checklist for quick checks. Update it whenever your branding, messaging or rules change, and tell affiliates when you do.
Affiliates are less likely to improvise when you give them good material. Provide banners, logos, approved descriptions and ready-to-use links that already follow your guidelines. When an asset is easier to use than a homemade one, compliance takes care of itself, and requests for something new give you a chance to review the idea before it goes live.
Guidelines explain what you want. The agreement is what you can enforce. Your affiliate agreement should cover:
Name the practices you prohibit instead of relying on a general statement about protecting the brand, because a named rule is far easier to enforce than a broad one.
A rule an affiliate never saw is hard to enforce. In Post Affiliate Pro’s signup settings you can edit the text of your program’s terms and conditions and make acceptance mandatory with Force acceptance of T & C, which is off by default. When your rules change, Require new agreement to Terms & conditions resets every affiliate’s acceptance, and with forced acceptance switched on, affiliates are asked to accept the new version the next time they open the affiliate panel. Add the key rules to your welcome email too, so they are not buried in a legal text.
Monitoring has two halves, and you need both.
What affiliates publish. Read their ads, landing pages, reviews and emails yourself. Check claims, disclosure and use of your name and logo. No software replaces reading what an ad or page actually says.
How their traffic arrives. Your affiliate software shows you where clicks and sales come from. In Post Affiliate Pro:
These tools show you traffic and conversion patterns, not the wording of an ad or the disclosure on a page. Use them to decide where to look closely. Review by risk: look hardest at new affiliates, your top earners and anyone whose traffic or conversion rate changes suddenly. If affiliates are paying for ads on your brand name, see brand bidding in affiliate marketing .
Use this list when you review an affiliate’s material, especially for new affiliates and your top earners.
| Check | What to look for |
|---|---|
| Claims | Statements match your approved descriptions, with no promises your product does not make |
| Disclosure | The affiliate relationship is disclosed clearly and close to the link. The FTC says “affiliate link” alone may not be enough, because consumers might not understand that it means the person is paid (FTC: Endorsement Guides, what people are asking ) |
| Name and logo | Used as your guidelines allow, including in domains and social handles |
| Offers | Only discounts and promotions you approved |
| Links | Links go to your approved pages through the affiliate’s own tracking link |
| Paid search | No ads on your brand terms, if your policy bans them |
| Identity | You know who runs the site or channel and how to reach them |
Record the date, the URL and the result of every review, so that you can show a pattern if you need to act.
When you find a breach, respond in steps and tell affiliates in advance that this is how you work:
Apply the same steps to every affiliate, and save dated screenshots and report exports for each case. Consistent enforcement protects your position and your relationship with the affiliates who follow the rules.
Keep your first message factual and specific. Adapt this wording to your terms and have your lawyer review it.
Subject: Action needed: [Brand] affiliate program terms
Hello [Name],
On [date] we found [describe what you saw, for example an ad using “[Brand]” as a keyword] at [URL or description]. Section [number] of the affiliate terms you accepted does not allow this.
Please stop [the practice] and confirm by [date]. In the meantime, we will review the commissions on the affected sales. If the practice continues, we may decline those commissions and remove your account from the program, as the terms describe.
I have attached [screenshot or report export]. If you believe we have this wrong, please reply with the details.
[Your name]
Rules work best when affiliates see them as part of the partnership. Explain the reasons behind each rule in onboarding, keep a visible channel for questions, answer approval requests quickly and tell affiliates when you update your guidelines. Recognize partners who follow your standards, for example by offering them early access to new assets or campaigns.
| Task | How often |
|---|---|
| Review your brand guidelines and guidebook | At least once a year, and whenever your branding or rules change |
| Check your affiliate terms and require re-acceptance after changes | When terms change |
| Review new affiliate applications | As they arrive |
| Read a sample of affiliates’ ads, landing pages and content | Monthly |
| Run the content review checklist on new and top-earning affiliates | When they join, then regularly |
| Review click details, keyword and referrer reports | Monthly |
| Review commissions before payout | Every payout cycle |
| Save evidence of any breach | Whenever you find one |
Start with an audit of your program as it is today: do you have written guidelines, are they in your terms, have affiliates accepted them, and do you check what your highest-earning affiliates publish? Fix the gaps in that order. To see the tools described in this guide working on your own program, you can start a free trial of Post Affiliate Pro .
Post Affiliate Pro gives you terms acceptance, affiliate and commission approval, click details and keyword reports to monitor your affiliates and enforce your rules.

Create a comprehensive affiliate contract with essential clauses, commission structures, legal protections, and FTC compliance to protect your program.

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