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What Should I Include in My Terms & Conditions and Privacy Policy?

How to set the rules of your affiliate marketing program

Written by Andre Tan

Your Program Terms and Privacy Policy govern the relationship between you and your affiliate network. While we can’t give legal advice, we can give you some guidelines on what to include. Once you have an idea of the info you want to capture, then we highly recommend working with an attorney for drafting and review.

Here are some examples of things you might want to include:

Terms & Conditions Examples

  • Description of Services

  • Tools (as in which party will provide them)

  • Restrictions

  • Compensation

  • Confidentiality

  • Content License

  • Intellectual Property Rights

  • Brand Materials & Trademark

  • Minimum Age Requirement

  • FTC Requirements

  • Indemnification

  • Term and Termination

  • Independent contractor (that applicant is not an agency representing an affiliate)

  • Governing Law, Jurisdiction and Venue

  • Notices

  • Equitable Relief

Sample terms and conditions

Privacy Policy (consulting a lawyer is always a good idea 👍)

  • Who is responsible for what happens with data

  • What is personal data, and what do you collect

  • What do we do with personal data

  • Your Offer's Attribution Window

  • Security of information

  • What are the affiliate’s rights

  • Contact information

Though we’re not lawyers, we can provide some examples of what other successful merchants and brands have included. Some may be more applicable to your program than others.

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