Drafting Affiliate Marketing Agreements: Ensuring Compliance With Advertising, IP and Internet Marketing Laws

Structuring Provisions on Compensation, Indemnification, Limitation of Liability, Termination and More

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, December 10, 2015

Recorded event now available

Course Materials

This CLE course will provide counsel with a roadmap for drafting, negotiating and terminating affiliate marketing agreements. The panel will discuss the various laws that are implicated by affiliate marketing, clauses that should be carefully negotiated in the agreements, and strategies to avoid common contractual pitfalls.


Affiliate marketing, a form of performance-based marketing in which a company rewards an affiliate for driving customers to purchase their products or services, is a burgeoning business strategy in the e-commerce era. While affiliate marketing offers a number of benefits for merchants and affiliates, there are a number of potential pitfalls with the arrangements of which parties and their counsel must be aware.

If not handled carefully, affiliate marketing arrangements can inadvertently run afoul of laws regulating advertising, Internet marketing and intellectual property rights. Further, failure to thoughtfully approach the drafting of affiliate marketing agreements can result in unanticipated liability exposure, contractual breakdowns, and disputes or litigation.

When negotiating affiliate marketing agreements, counsel must strategically construct provisions related to compensation, commission, lead volume, indemnification, limitation of liability and termination to minimize risk for their clients.

Listen as our panel of attorneys experienced in negotiating affiliate marketing agreements discusses best practices for drafting and negotiating these contracts. The panel will review the various laws that impact the arrangements, specific clauses that should be included in agreements and strategies for avoiding common contractual pitfalls.



  1. Laws regulating affiliate marketing arrangements
  2. Key terms in affiliate marketing agreements
  3. Strategies for streamlined negotiations and resolving contract disputes


The panel will review these and other key issues:

  • What laws must counsel consult when advising clients regarding affiliate marketing arrangements?
  • What are the key contract terms to include in affiliate marketing agreements?
  • What are the most commonly disputed issues during contract negotiations and what are some effective strategies for resolving them?


Lustigman, Andrew
Andrew B. Lustigman

Olshan Frome Wolosky

Mr. Lustigman represents marketers, advertisers, agencies and suppliers in connection with the legal aspects of their...  |  Read More

Kavon Adli
Kavon Adli

Founder and Managing Attorney
The Internet Law Group

Mr. Adli founded TILG in 2008 to service the needs of the evolving e-commerce, online advertising and lead generation...  |  Read More

Rachel Hirsch
Rachel Hirsch

Ifrah Law

Ms. Hirsch practices in the areas of complex business transactions and litigation, with a focus on all areas of...  |  Read More

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