The following article tries to offer guidance on crafting your own program terms & conditions and privacy policy to be used on the Refersion Marketplace. Unfortunately, we are not lawyers and we cannot tell you exactly what should be in your terms & conditions and privacy policy. Keep in mind, that each jurisdiction has their own set of rules that need to be followed. Where your business is located, where the affiliate is located, and where the purchase originated from could all potentially fall in different jurisdictions that have their own independent laws.

If you feel uneasy about writing your affiliate program terms & conditions and your privacy policy, we highly suggest consulting an attorney in your jurisdiction. 

What is an affiliate program terms & conditions?

The affiliate program terms & conditions is a required field for merchants posting an offer to the Refersion Marketplace. The terms & conditions is the contract between you and your affiliates. Properly drafted, they control the rules, responsibilities, and dispute resolution mechanisms that both parties must follow.

Why do I need terms & conditions?

As with any business relationship, your program terms & conditions define the nature of the relationship.  If you fail to have this, then there's no foundation for things like setting payment terms, forbidding certain promotional methods, and any excluding specific products from your program. 

Laying out some ground rules for your program not only let your affiliates know that you are serious about your program, but sets the expectations that you have for them.  

What to include in your terms & conditions?

If you chose to draft terms & conditions on your own, based on our experience working with merchants and affiliates, we would suggest that you address the following topics: 

  1. When and how you will pay your affiliates, for example;
  • Scheduling - Will you pay them every month? Do they have to wait sixty days after a conversion has taken place?
  • Thresholds - Does the affiliate need to reach a certain dollar amount before receiving payment? 
  • Method - How will you pay them? Paypal, electronic wire, check...

2. Any promotional methods that are not allowed, for example;

  • Trademarks - Is the affiliate allowed to use your logo?
  • Offer Placement - Can the affiliate post your offer on a coupon website? Instagram? Via bulk email? Google ads?

3. Your terms & conditions towards self-dealing, for example;

  • Friends and Family - Should they be credited for a commission if a relative purchases an item through their offer?
  • Affiliate Using Their Own Offer - Affiliate purchases your product using their own affiliate link. 

4. Any products/product categories that are excluded from your program, for example; (Learn how to set product level commissions. )

  • Discounted Items - Products on sale/clearance
  • Low Priced Items - For example, no commission can be earned on items totaling less than $5. 
  • Product Types - An example would be not offering commissions for customizable t-shirts. 

5. Anything else that will result in disqualified purchases, for example;

  • Negative Commentary - For example, affiliates are not allowed to tweet negatively about the merchant's brand. 
  • Offensive Content - As an example, affiliates would be forbidden from placing your link on adult themed websites. 

This list is not intended to be exhaustive and there are no right or wrong answers to these questions. Some merchants choose to be very selective and restrictive; others have virtually open programs – you must choose what works for you in the context of your stage in business, your other marketing efforts, and your budget.

What is a privacy policy?

The privacy policy is an additional field for merchants to provide on the Refersion Marketplace. This is to stay compliant with CCPA regulations. A privacy policy is a legal statement that discloses the ways your business uses personal data collected from affiliates, along with how their data is processed, managed, and for what purposes.

What to include in your privacy policy?

As it pertains the privacy policy to provide for affiliates, we highly suggest consulting an attorney in your jurisdiction. These are the topics typically addressed:

  • Who is responsible for what happens with your data
  • What is personal data and what do we collect
  • What do we do with your personal data
  • Use of cookies
  • Security of your information
  • What are your rights
  • Contact information

You should always inform users about any updates or changes to your privacy policy.

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