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Agreement

Affiliate / Referral Agreement

An agreement under which an affiliate refers customers to a company in return for commission on resulting sales.

AFFILIATE / REFERRAL AGREEMENT

This Agreement is made on [Effective Date] between [Company Name] and [Affiliate Name].

1. Parties. This Affiliate / Referral Agreement is made between [Company Name], of [Company Address] (the "Company"), and [Affiliate Name], of [Affiliate Address] (the "Affiliate"), together the "Parties".

2. Scope and Appointment. The Company appoints the Affiliate to promote and refer prospective customers to the Company's [Products / Services] using approved links, codes or materials, on a non-exclusive basis in the territory of [Territory].

3. Term. This Agreement is effective from [Effective Date] and continues until terminated by either Party in accordance with the terms hereof.

4. Commission, Payment and GST. The Company shall pay the Affiliate a commission of [Rate]% of net revenue (or Rs. [Amount] per qualified referral) tracked through approved mechanisms, exclusive of GST, which the Affiliate shall charge at the applicable rate on a valid tax invoice where registered. Commission shall be paid within [Number] days of each [Period], subject to a minimum payout of Rs. [Amount]. TDS shall be deducted as per law.

5. Obligations. The Affiliate shall promote the Company honestly, comply with advertising laws, make no false claims, and not engage in spam or unauthorised branding. The Company shall provide tracking, reporting and marketing materials.

6. Intellectual Property. The Affiliate may use the Company's approved marks and creatives solely for referral activity and acquires no ownership rights.

7. Confidentiality. Each Party shall keep confidential the other's non-public information and use it only for this Agreement.

8. Indemnity. The Affiliate shall indemnify the Company against claims arising from its promotional conduct or misrepresentations.

9. Termination. Either Party may terminate on [Number] days notice, or immediately for breach. Commissions accrued on valid referrals before termination remain payable.

10. Governing Law, Jurisdiction and Arbitration. This Agreement is governed by the laws of India, subject to the exclusive jurisdiction of the courts at [City]. Disputes shall be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at [City], in English.

_____________________
For [Company Name]
Authorised Signatory
_____________________
For [Affiliate Name]
Authorised Signatory

Before you use it — fill in / check

  • Company
  • Affiliate
  • Effective date
  • Commission Rate

How to use this template

  1. Read through and replace every [bracketed] or blank placeholder with your actual details.
  2. Delete any clause that doesn't apply and add anything specific to your situation.
  3. Click Print / Save as PDF to download, or Copy text to paste into your letterhead.
  4. Get it signed / stamped / notarised as required, and keep a copy for your records.

This is a general, editable template for convenience only — not legal advice. For anything material, have a professional review it. TaxClue isn't liable for how it's used.