Who should sign the agreement for a company?

A person authorized to bind the company should sign, such as an officer, director, or delegated employee. Obtain a board resolution or power of attorney if signature authority is unclear to avoid enforceability challenges.

What tax documents will the affiliate need to provide?

Affiliates typically provide a completed Form W-9 for U.S. persons so the payer can report payments. If TINs are missing or incorrect, backup withholding at the IRS rate may apply.

Is notarization required for an Affiliate Agreement?

Not generally. Most jurisdictions do not require notarization for commercial contracts, though parties may choose notarization or RON for added authentication; check state rules before adding notarization clauses.

How should confidential information be protected?

Include a confidentiality clause that defines confidential materials, permitted disclosures, duration, and remedies. For healthcare or PHI, add a HIPAA-compliant BAA if applicable.

How can I reduce disputes over commission calculations?

Use precise definitions for eligible transactions, specific calculation formulas, a documented tracking source, regular reconciliations, and a short dispute window with an agreed audit process.

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Affiliate Agreement

Affiliate Agreement

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AFFILIATE AGREEMENT

Agreement made this day of , , by and between , , and , , .

WHEREAS, iChargeit, hereinafter known as iChargeit, operates an internet web site at (the "Website"); and

WHEREAS, FindWhat.com operates an internet web site at and provides search services to visitors of its site; and

WHEREAS, iChargeit desires to affiliate with FindWhat.com and allow visitors of its web site to link to the search results displayed by FindWhat.com;

NOW, THEREFORE, in consideration of and in reliance upon the covenants, conditions, representations and warranties contained herein, the parties hereto agree as follows:

1. FindWhat.com shall allow iChargeit to link to its web site search results for display of FindWhat.com search results in response to searches entered by iChargeit Website visitors. The search results will be displayed on the iChargeit.net Website. iChargeit will receive an initial payment of per search request for all requests submitted to FindWhat.com from the ichargeit.net website. This commission structure will take effect whenever and if FindWhat.com chooses to deploy this functionality.

2. iChargeit may not alter the display of FindWhat.com search results in any manner. The look and feel of the search results will be co-branded ichargeit.net and FindWhat.com. iChargeit will be able to display their own banners and navigation links at the top of each page of search results. iChargeit will have it's own look and feel branding at the top of each page of search results. FindWhat.com will have the right to approve the look and feel co-branding created and displayed by iChargeit.

3. iChargeit shall not save or cache any search results provided by FindWhat.com but shall merely display to its Website visitors the search results provided by the link to FindWhat.com.

4. Wherever iChargeit offers to provide search results on its Website it will display next to the search query box the FindWhat.com logo, in the form to be supplied by FindWhat.com, and state that the search results are provided or "powered" by FindWhat.com. The FindWhat.com logo shall also be visible on the search result pages.

5. iChargeit represents and warrants that its Website does not and shall not:

(a) promote sexually obscene materials;

(b) promote violence;

(c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(d) engage in hate activity whether racial or otherwise;

(e) promote or engage in illegal activities;

(f) violate the rights of third parties, including intellectual property rights.

6. iChargeit represents and warrants that it has the right to publish the contents of its Website and that the contents, material and activities of its Website do not violate any national, international or local laws or any rights of third parties, including, but not limited to, infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image or other proprietary right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, or any other right of any person or entity.

7. iChargeit agrees to indemnify and hold FindWhat.com harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with its Website content or iChargeit's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.

8. FINDWHAT.COM MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE. FINDWHAT.COM SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY iCHARGEIT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO iCHARGEIT. ICHARGEIT'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH UNDER THIS AGREEMENT SHALL BE THE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL FINDWHAT.COM BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FINDWHAT.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. FINDWHAT.COM WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES OR IF IT IS NOT ABLE TO SUPPLY SEARCH RESULTS OR BECOMES INCAPABLE OF PERFORMING AS INTENDED. FINDWHAT.COM MAKES NO REPRESENTATIONS THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. FINDWHAT.COM DOES NOT WARRANT THAT THE GENERAL LINKS OR SEARCH BOX LINKS PROVIDED WILL PERFORM AS INTENDED OR MEET ALL OF iCHARGEIT'S REQUIREMENTS. iCHARGEIT IS SOLELY RESPONSIBLE FOR THE DEVELOPMENT, OPERATION AND MAINTENANCE OF ITS SITE AND FOR ALL MATERIALS THAT APPEAR ON ITS SITE AND FINDWHAT.COM DISCLAIMS ALL LIABILITY FOR THESE MATTERS.

9. FindWhat.com grants to iChargeit a limited, non-exclusive, non-assignable license during the term of this Agreement to use the graphic images and text contained in the links and search boxes supplied to iChargeit. iChargeit acknowledges and agrees that FindWhat.com's logos, tradenames, trademarks and servicemarks are and shall remain the sole property of FindWhat.com and nothing in this Agreement shall confer to iChargeit any right of ownership in such intellectual property, and that it does not now and shall not in the future contest the validity of FindWhat.com's trademarks and servicemarks. iChargeit agrees to comply with all requirements and guidelines provided to it by FindWhat.com in connection with its use of any links and search boxes provided to it under this Agreement and shall not alter in any manner such search boxes or links or use them in any manner which may in any way negatively reflect upon FindWhat.com or dilute, diminish or otherwise damage FindWhat.com's rights and goodwill in any of its intellectual property. iChargeit agrees not to use such links or search boxes in a manner which may imply sponsorship or endorsement by FindWhat.com of its site, services or products, or the sites, services and products of others.

10. This agreement shall be governed by and construed in accordance with the substantive laws of the State of New York and jurisdiction and venue of all matters relating to this agreement shall be vested exclusively in the Southern District of New York or New York Supreme Court, County of New York, and the parties agree to the jurisdiction of such Courts. No waiver, modification or addition to this agreement shall be valid. This agreement constitutes the entire agreement between the parties relating to the subject matter of this agreement. This agreement supersedes all prior and contemporaneous agreements and the parties have not relied upon any representations, oral or otherwise, not contained within this agreement.

11. This Agreement may be terminated by either party with or without cause, by giving the other party written notice of termination.

12. This Agreement may not be assigned by either party. iChargeit shall not provide, distribute, resell or transfer FindWhat.com's search results or the ability to obtain search results provided by its link to FindWhat.com hereunder to any third party.

FINDWHAT.COM CORPORATION

By:

iCHARGEIT

By:

What an Affiliate Agreement Is and when it applies

An Affiliate Agreement is a contract that defines the relationship between a principal business and an affiliate that promotes or sells the principal's products or services. It allocates responsibilities, compensation (commissions or referral fees), marketing rights, confidentiality, intellectual property treatment, and termination mechanics. The agreement sets performance and reporting expectations, expense allocation, tax and compliance obligations, and dispute resolution procedures. It is used when a company engages third-party individuals or organizations to generate leads, traffic, or sales and replaces informal commission arrangements with an enforceable written framework.

Why a written Affiliate Agreement matters

A formal Affiliate Agreement clarifies payment terms, reduces disputes, documents consent to data sharing, and helps meet tax and regulatory obligations. It supports enforceability because electronic signatures are generally accepted under ESIGN and state UETA laws when intent, consent, attribution, and retention are satisfied.

Who typically completes an Affiliate Agreement

Affiliate Agreements are used by businesses and individuals across sales, marketing, and partnership functions to formalize referral and commission relationships.

Marketing managers and partnership teams who run referral programs and track commissionable actions.
Independent affiliates, influencers, or agencies that receive commissions or lead-based payments.
Legal or finance teams that approve contract language, tax handling, and compliance controls.

Choose signatories who have the authority to bind the entity, and keep stakeholder contact and tax information current to avoid payment and reporting issues.

Core elements to include in a professional Affiliate Agreement

Draft each section clearly to reduce ambiguity: define eligible referrals, precise commission calculations, payment schedule, reporting obligations, termination triggers, and intellectual property or confidentiality limits.

Parties

Identify legal entity names, business types, and contact information for the principal and the affiliate to ensure enforceability and proper tax treatment.

Compensation

Specify commission rates, tiers, gross versus net definitions, chargeback conditions, and how refunds or cancellations affect payable amounts.

Payment Terms

State currency, invoicing procedures, payment frequency, minimum thresholds, timing, and whether withholdings or tax reporting apply.

Tracking & Reporting

Set required tracking methods, reporting cadence, audit rights, and acceptable dispute procedures for contested commission calculations.

IP & Marketing

Grant limited marketing rights, specify brand guidelines, and define ownership of promotional materials and any content created by the affiliate.

Termination & Remedies

Include termination for cause and convenience, notice periods, post-termination payments, and confidentiality and non-compete restrictions if applicable.

Essential information fields to collect

Legal Name: Full registered entity name

Tax ID: TIN or SSN for reporting

Payee Address: Street, city, state, ZIP

Payment Method: ACH, wire, or check

Primary Contact: Name, email, phone

Bank Details: Account routing and number

Step-by-step: completing the Affiliate Agreement

Follow this sequence to complete the agreement accurately and reduce rework or payment delays.

01

Prepare details: Gather legal names, tax IDs, bank and contact details.
02

Define terms: Insert commission structure, eligible actions, and reporting rules.
03

Review compliance: Confirm tax reporting and data privacy obligations.
04

Sign and retain: Execute signatures and store the final executed copy.

Configuring the document workflow for e-execution

Set up signer roles, authentication, and routing to match your approval process before sending for signature.

Field	Configuration
Signer Roles	Primary signer, countersigner, and observer roles
Authentication	Email link, SMS code, or stronger KBA
Routing Order	Sequential or parallel routing per role
Reminders	Auto reminders and expiration settings

Where to send the signed Affiliate Agreement

Decide destinations for copies and the authoritative repository to centralize records and speed payment processing.

Primary Storage: Company contract repository or cloud folder
Accounts Payable: Send a copy to finance for payment setup
Affiliate: Provide a fully executed copy to the affiliate
Legal Team: Retain a version for audit and compliance

Digital signing and distribution considerations

Choose an e-signature platform that supports required authentication, audit trails, and secure storage for executed agreements.

Integrations: Salesforce, NetSuite, Google Workspace
File Formats: PDF, DOCX, HTML
Security: AES-256 storage; TLS in transit

Common timeline items and deadlines to include

Document deadlines clearly so both parties understand payment timing, notice periods, and reporting dates.

Effective Date:

Date when commission tracking begins and obligations attach

Payment Cycle:

Monthly, quarterly, or per milestone with a specific due date

Report Due Dates:

Frequency and format for affiliate performance reports

Termination Notice:

Number of days' notice required to end the agreement

Amendment Notice:

Advance notice required for material contract changes

Common mistakes to avoid when preparing an Affiliate Agreement

Using vague compensation language that omits whether commissions are calculated on gross or net revenue, leading to disputes and retrospective reconciliations.
Failing to require the affiliate's tax identification and correct payee details, which can trigger backup withholding and delayed payments.
Not specifying exact tracking methods and dispute windows for commission calculations, resulting in disagreements over credited referrals and late adjustments.
Allowing unqualified signatories to execute the agreement or omitting signature authority checks, which can render the contract unenforceable.

Potential consequences of an incorrect or incomplete agreement

Breach Damages: Monetary liability exposure

Tax Penalties: Backup withholding or IRS fines

Payment Delays: Disputed or withheld commissions

Enforceability Risk: Contract may be voidable

Data Privacy Risk: Noncompliance with privacy laws

Reputational Harm: Affiliate disputes and public complaints

Real-world examples of Affiliate Agreement use

These short case summaries show how companies use Affiliate Agreements to standardize commissions and reduce operational friction.

Optica Ventures — COO

Optica standardized affiliate onboarding to reduce manual reconciliation and increase clarity of payment rules.

The interface improved customer sign-off.
The result was fewer disputes and faster payouts, enabling smoother partner relationships and more predictable cash flow for both Optica and its affiliates.

Tech Data — CEO

Tech Data centralized partner agreements and automated reporting to accelerate revenue recognition.

Implementation streamlined internal approvals.
Centralization reduced processing time, improved compliance oversight, and shortened time-to-revenue while maintaining consistent terms across hundreds of partner contracts.

Representative eSignature vendor comparison for executing Affiliate Agreements

Comparison of common vendor attributes relevant to executing and storing Affiliate Agreements; signNow is listed first per platform reference data.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes, no envelope cap	Yes, 100 envelopes/user/year cap	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Affiliate Agreements

Answers to common execution, tax, and electronic signing questions for Affiliate Agreements.

Need help? Contact support

Can an Affiliate Agreement be signed electronically?
Yes. Electronic signatures are generally valid under ESIGN and state electronic transaction laws when intent, consent, attribution, and retention are documented. Certain narrow exceptions exist for testamentary instruments and some court filings.
Who should sign the agreement for a company?
A person authorized to bind the company should sign, such as an officer, director, or delegated employee. Obtain a board resolution or power of attorney if signature authority is unclear to avoid enforceability challenges.
What tax documents will the affiliate need to provide?
Affiliates typically provide a completed Form W-9 for U.S. persons so the payer can report payments. If TINs are missing or incorrect, backup withholding at the IRS rate may apply.
Is notarization required for an Affiliate Agreement?
Not generally. Most jurisdictions do not require notarization for commercial contracts, though parties may choose notarization or RON for added authentication; check state rules before adding notarization clauses.
How should confidential information be protected?
Include a confidentiality clause that defines confidential materials, permitted disclosures, duration, and remedies. For healthcare or PHI, add a HIPAA-compliant BAA if applicable.
How can I reduce disputes over commission calculations?
Use precise definitions for eligible transactions, specific calculation formulas, a documented tracking source, regular reconciliations, and a short dispute window with an agreed audit process.

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