The affiliate programme terms and conditions are the contract that governs the relationship between an operator (or network) and an affiliate.
Definition
The affiliate programme terms and conditions are the contract that governs the relationship between an operator (or network) and an affiliate. They typically cover the commission model and rates, the attribution rules and cookie window, qualification criteria for a paid conversion, payment terms and minimum thresholds, deductions and clawback rules, negative-carryover treatment, permitted and prohibited traffic sources and markets, brand-bidding and trademark rules, creative and disclosure requirements, compliance and responsible-gambling obligations, data-protection terms, audit rights, and how the agreement can be changed or terminated and what happens to earnings on termination.
Because the operator usually drafts them and can often amend them unilaterally with notice, the terms tend to favour the operator, and several standard clauses — broad discretion to withhold or reverse commission, forfeiture of pending earnings on termination for breach, and unilateral change rights — are where disputes concentrate.
In context
For affiliates, reading the programme terms properly before running traffic is basic risk management, and several clauses deserve particular attention. The qualification and clawback definitions determine when a conversion actually counts and when it can be taken back; the attribution rule and cookie window determine whether the affiliate's role will be credited; the negative-carryover and deduction terms determine how much a losing month or heavy bonusing reduces revenue-share pay; the prohibited-traffic and brand-bidding clauses determine what can get an affiliate terminated with earnings forfeited; and the termination clause determines whether pending commission is paid or lost if the relationship ends.
The practical guidance is to get anything ambiguous clarified in writing before committing traffic, to keep independent tracking so the terms can be held to, to understand which breaches carry earnings forfeiture and avoid them scrupulously (brand bidding without permission and prohibited traffic sources are the common ones), and to be wary of programmes whose terms give unlimited discretion to withhold payment or change rates retroactively. A fair programme has clear qualification criteria, a defined clawback window, transparent deductions, reasonable termination terms that pay earned commission, and changes applied prospectively with notice.
For affiliate-facing content, comparing programmes on the fairness of their terms — not just headline rates — is genuinely useful, because a high rate under terms that allow broad withholding is worth less than a moderate rate under clear, fair terms.
Worked example
Before joining, an affiliate reads a programme's terms and flags three clauses: an undefined clawback window, forfeiture of all pending commission on any termination, and a right to change rates retroactively. It negotiates a 90-day clawback cap and payment of earned commission on non-breach termination, gets it in writing, and only then sends traffic.
Related terms
Frequently asked questions
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