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Why You Should Consult a Cyber Law Attorney Before You Begin an Affiliate Marketing Program

Posted on in Online Contracts

Florida online contracts lawyerAffiliate marketing agreements can be an inexpensive way to build online sales for your business, with minimal ongoing effort on your part. An affiliate marketing program is essentially an online, commission-based referral system. An affiliate typically has a popular website, blog, or social media feed, and they agree to feature your product or service in exchange for a small commission. You only pay a commission when someone clicks on the affiliate’s link to your website and subsequently makes a purchase.

Before starting an affiliate marketing program, you first need to ensure that the terms of the agreement make sense for your particular business. A skilled Florida cyberlaw attorney can help you make sure that the terms of any agreement are attractive to potential affiliates, but also profitable for you.

Here are a few key terms to pay attention to in any affiliate marketing agreement:

  • Type of content. A big part of an affiliate marketer’s job is to create and publish information about your business’s products or services. This content can be in the form of social media posts on sites like Instagram or Facebook, blog posts, online ads, a page on the affiliate’s website, or even an entire website devoted to your product. Your agreement should be clear as to the type and frequency of marketing that the affiliate will provide.
  • Audience. Affiliate marketing may be called influencer marketing when the affiliate is already well-known in a particular field of expertise and they have built a large base of followers. You need to make sure that your affiliates can attract the type of people who are likely to buy what you are selling.
  • Quality of content. As the business owner, your responsibilities typically include providing information and images that the affiliate can use to market your business. Your agreement should also be clear as to your expectations for how your brand will be presented in any customer-facing communications. You will want the ability to monitor what each affiliate is publishing to make sure they are not making wild claims about your product or infringing on your intellectual property rights.
  • Commission payments. Your agreement should clearly define the size of the commision you will pay for each referred purchase and the timing of payments.
  • Performance monitoring. You will want some sort of system for monitoring performance so you can see how many referrals you have gotten through each affiliate, and how many of those referrals actually made a purchase.
  • Termination. You want to work with affiliates who operate in an ethical manner. If an affiliate does not live up to your expectations, you may need to terminate the agreement on short notice. Therefore, the procedures for terminating your relationship with an affiliate, or vice versa, should be clearly spelled out.

Consult an Experienced Florida Online Contracts Attorney

Affiliate marketing programs can be a great way to attract new customers to your business, but they also come with certain risks. To make sure your affiliate marketing agreements are rock solid, have a knowledgeable Tampa online contracts lawyer write and review each contract. Nelson Cyber Law, PLLC, understands the issues that can make or break an affiliate marketing program. We will make sure your affiliate marketing and reseller agreements fully protect your intellectual property and financial interests. Call 1-800-440-5536 for a free 30-minute consultation.







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