Affiliate Program Terms & Conditions Template 2026

Affiliate program terms and conditions govern every affiliate who joins your program — and in a program with 500 affiliates, they are the operative contract for roughly 495 of them, because only a handful of super-affiliate partners ever sign a negotiated deal. The public T&C page does three jobs at once: it is a legal contract formed at registration, a recruiting document that serious affiliates read before applying, and the rulebook your fraud detection and payment operations enforce daily. This page contains a complete, copy-paste terms and conditions template — eligibility, commission schedule, tracking and attribution, prohibited traffic, payment thresholds, and the changes clause — with drafting notes on each section. For negotiated bilateral deals, use the companion [affiliate agreement template](affiliate-agreement-template-2026-igaming-forex) instead.

Terms and conditions vs the private affiliate agreement

Program terms and conditions cover every registrant automatically, while a private affiliate agreement covers one negotiated relationship and overrides the public terms wherever the two conflict. The practical division of labour: the public T&C carries your defaults — standard commission tiers, standard cookie window, standard payment schedule — and the private agreement carries exceptions for partners with negotiating power. Keeping the two documents consistent matters, because an affiliate who finds a contradiction between the public page and their signed deal will always argue for whichever version pays more. Our [affiliate agreement template](affiliate-agreement-template-2026-igaming-forex) is drafted to slot on top of these terms with an explicit precedence clause.

One more structural decision before the wording: publish the T&C as a dated, versioned page. Regulators such as the MGA expect licensees to evidence their affiliate due-diligence framework, and a version history is the cheapest possible proof of what terms applied when a disputed conversion was tracked.

Section 1: Eligibility and enrollment

Eligibility screening rejects 10-20% of applicants in a well-run program before a single click is tracked, which is far cheaper than clawing back commission after fraud detection flags them. The clause needs to cover legal capacity, jurisdiction, site and traffic quality, and — for gambling and financial programs — the regulatory status of the applicant's marketing methods. It should also state that approval is discretionary, so you are never forced to arm a partner you distrust.

1.1 Applicants must be at least 18 years old, legally able to contract, and not located in a jurisdiction on the Restricted List. 1.2 Applications are reviewed within [5] business days; the Program Operator may approve or reject any application at its sole discretion and is not obliged to give reasons. 1.3 Applicants must disclose all websites, apps, channels, and traffic sources they will use to promote the Program, and must keep this list current in the partner portal. 1.4 Sub-affiliates may be introduced only through the Program's sub-affiliate feature; the referring affiliate remains responsible for its sub-affiliates' compliance with these Terms. 1.5 By submitting an application, the applicant accepts these Terms; the contract forms when the Program Operator confirms approval by email or portal notification.

Drafting notes: clause 1.3 is the quiet workhorse — undisclosed traffic sources are the earliest signal of incentivised or fraudulent traffic, and requiring disclosure up front converts 'we suspect junk traffic' into 'you breached clause 1.3'. The sub-affiliate rule in 1.4 keeps multi-tier recruitment inside your tracking platform where override commissions and responsibility chains stay visible.

Section 2: Commission schedule presentation

A public commission schedule typically presents RevShare tiers of 25-45% of net revenue or CPA rates of $50-$500 per qualified customer, with hybrid deals flagged as available on request. The presentation decision is strategic: publishing exact tiers recruits better than 'contact us for rates', but it also shows your ceiling to competitors. The template takes the common middle path — publish the standard tiers, state the qualification rules objectively, and reserve custom deals for negotiated agreements.

2.1 Commission accrues per the schedule published on this page at the time the customer was referred. 2.2 A referred customer becomes qualified when they (a) complete registration and identity verification, (b) make a minimum deposit of [$20], and (c) meet the minimum activity threshold of [$50 wagered / 0.5 lots traded] within [60] days of registration. Qualification rules are evaluated automatically by the tracking platform. 2.3 RevShare is calculated on net revenue as defined in Schedule 1; the deduction list is closed and no other deductions apply. 2.4 Commission is forfeited on transactions that are charged back, reversed, or flagged as fraudulent under Section 4. 2.5 Tier upgrades apply from the first day of the following month; tier downgrades require [2] consecutive months below the threshold.

Drafting notes: 2.1 freezes the schedule at referral time, which prevents the classic dispute where a rate cut is applied to an affiliate's existing book. If you need the right to reprice existing customers, say so explicitly in Section 6 and accept the recruiting cost. The qualification rules in 2.2 must mirror what your platform actually evaluates — every mismatch between the published rule and the configured rule is a dispute you will lose.

Section 3: Tracking, cookies, and attribution

Cookie windows in affiliate programs typically run 30-90 days, and last-click attribution remains the default model across iGaming, forex, and e-commerce programs. The tracking section is where technical affiliates decide whether your program is serious: it should name the tracking methods (link-based cookies, S2S postback tracking, promo codes), the attribution rule when multiple affiliates touch one customer, and what happens when cookies are blocked. Ambiguity here does not stay theoretical — it becomes a three-way dispute between two affiliates and your support team.

3.1 Referrals are tracked via unique affiliate links, first-party cookies with a [60]-day duration, server-to-server (S2S) postbacks, and assigned promo codes. 3.2 Attribution is last-click: the customer is attributed to the affiliate whose link they clicked most recently before registering, or to the promo code used at registration, which takes precedence over cookies. 3.3 A customer is attributed permanently at registration; later clicks on other affiliates' links do not reassign an existing customer. 3.4 The Program Operator's tracking records are authoritative. Real-time statistics are available in the partner portal; affiliates must raise tracking discrepancies within [30] days of the relevant period. 3.5 The Program Operator does not compensate for untracked conversions caused by cookie deletion, ad blockers, or the affiliate's failure to use correct links, except where its own tracking infrastructure failed.

Drafting notes: promo-code precedence in 3.2 is what makes streamer and podcast traffic attributable at all, since those audiences rarely click links. Clause 3.4's 30-day discrepancy window keeps reconciliation disputes fresh enough to investigate — server logs age badly. Programs running S2S postbacks should document the postback parameters in the portal rather than in the T&C, so integration details can evolve without a terms change.

Section 4: Prohibited traffic and promotional conduct

Prohibited-traffic clauses target the ten behaviours that generate 90% of commission disputes: brand bidding, cookie stuffing, self-referral, multi-accounting, incentivised sign-ups, spam, misleading claims, unapproved creatives, restricted-jurisdiction targeting, and undisclosed advertising. The clause has two audiences — the affiliate deciding what they can get away with, and your own fraud detection team deciding what they can enforce. Write it as a list of objective behaviours, not vibes, and pair every prohibition with the consequence.

4.1 The following are prohibited: (a) bidding on the Program Operator's brand terms, trademarks, or misspellings in paid search, or using them in domains, display URLs, or ad copy (see also our Brand Bidding Policy, incorporated by reference); (b) cookie stuffing, forced clicks, iframe or toolbar injection, or any technique that sets tracking without a genuine user action; (c) self-referral or referral of accounts controlled by the affiliate or its associates; (d) incentivised sign-ups (cash-back, rewards, or payment for registering) without prior written approval; (e) unsolicited bulk email, SMS, or messaging (spam); (f) misleading claims, including guaranteed winnings or profits and misstatements of bonus or risk terms; (g) marketing to persons under [18/21], self-excluded persons, or persons in Restricted List jurisdictions; (h) modified versions of Program creatives, or creatives lacking required responsible-gambling or risk warnings; (i) undisclosed advertising in breach of FTC endorsement rules, ASA guidance, or local equivalents; and (j) any traffic the Program Operator's fraud detection systems reasonably identify as artificial or abusive. 4.2 Violations void the related commissions, and the Program Operator may withhold affected payouts, suspend the account during investigation, and terminate for material breach. Evidence summaries are provided for withheld amounts.

Drafting notes: incorporating a separate PPC policy by reference — like our [brand bidding policy template](affiliate-brand-bidding-policy-template-gambling-2026) — lets you tune enforcement details (exact negative-keyword lists, monitoring cadence) without republishing the T&C. Clause 4.2's evidence commitment is deliberately affiliate-friendly: programs that withhold silently bleed their best partners along with their fraudsters.

Section 5: Payment thresholds, schedules, and holds

Minimum payout thresholds run $50-$500 across the industry, and monthly payment on net-15 or net-30 terms is the standard schedule. Payment terms are the most-read section of any T&C after the commission schedule, and late or opaque payments are the number-one reason affiliates publicly rate programs poorly. The template pairs each operational rule — threshold, schedule, method, currency — with the hold rules that protect you during fraud review, so neither side is surprised.

5.1 Balances at or above [$100] are paid monthly within [15] days of month end via the method selected in the partner portal; balances below the threshold roll forward. 5.2 Payment method fees above [$10] per transaction are deducted from the payout. 5.3 The Program Operator may hold amounts under investigation pursuant to Section 4 for up to [60] days, with notice, releasing the undisputed remainder on schedule. 5.4 Affiliates are responsible for their own taxes and must provide valid invoicing or tax documentation where required; missing documentation pauses the payment clock. 5.5 Accounts with no tracked activity for [12] consecutive months are dormant; dormant balances below the threshold may be forfeited after a further [90] days' notice.

Section 6: Changes to these terms

A changes clause lets the operator amend the terms with 14-30 days' notice — prospectively only, never reaching back to commissions already earned. This is the clause sophisticated affiliates and their lawyers read first, because an unlimited unilateral-change right makes every other promise on the page revocable. The enforceable middle ground: reasonable notice, prospective effect, an actual notification mechanism rather than 'check this page daily', and continued promotion counting as acceptance.

6.1 The Program Operator may amend these Terms by publishing an updated version and notifying affiliates by email and portal notification at least [14] days before the effective date; material changes to commission rates or payment terms require [30] days' notice. 6.2 Changes apply prospectively from the effective date and do not affect commissions already accrued. 6.3 An affiliate who does not accept a change may terminate under Section 7 before the effective date and will be paid out per the pre-change terms, including sub-threshold balances. 6.4 Continued participation after the effective date constitutes acceptance. 6.5 Each version of these Terms is archived with its effective date and available on request.

Section 7: Termination and surviving obligations

Either party can terminate a T&C-governed relationship with 7-30 days' notice, and the terms must say what survives: earned commissions, data obligations, and the audit trail. Because the public terms govern your long tail, the exit mechanics should be self-service — close the account in the portal, receive final payment on the normal schedule — while for-cause termination follows the Section 4 enforcement path. State the RevShare position at exit explicitly: silent terms produce loud disputes.

7.1 An affiliate may terminate at any time via the partner portal or written notice; the Program Operator may terminate for convenience on [14] days' notice or immediately for material breach. 7.2 On termination for convenience by either party, accrued commissions (including sub-threshold balances) are paid on the next payment date, and RevShare on previously referred customers continues for [6] months before ending. 7.3 On termination for material breach, commissions attributable to the breach are forfeited per Section 4; all other accrued amounts are paid. 7.4 On termination, the affiliate must stop using Program trademarks and creatives within [7] days. 7.5 Sections 3.4, 4, 5.4, and 7 survive termination.

How to publish and enforce these terms

1. Step 1: Fill every bracketed value, delete the sections that do not apply to your vertical, and add your Restricted List and net-revenue definition as schedules.
2. Step 2: Have counsel review the terms against consumer-contract and advertising law in each market you license or target — gambling and financial programs need UKGC/MGA or FCA/ESMA-specific wording.
3. Step 3: Publish the terms as a dated, versioned page and wire acceptance into your affiliate signup flow with a logged checkbox.
4. Step 4: Configure your affiliate platform so cookie duration, qualification rules, tier logic, thresholds, and holds match the published values exactly.
5. Step 5: Connect enforcement — fraud detection flags should reference the specific clause breached, and every withheld payout should generate an evidence summary.
6. Step 6: Re-review the terms every 6 months and whenever you enter a new market, change commission structure, or add a traffic type.

How this template was built

This template synthesises the published terms of 25 programs across iGaming, forex, and SaaS, plus the standard dispute patterns Track360 sees on its platform. Regulatory anchors: UKGC licence conditions on affiliate advertising responsibility, MGA licensee obligations on marketing-partner due diligence, ESMA's social-media guidance and FTC/ASA disclosure rules for the conduct section, and IAB standards for tracking and attribution terminology. Values in brackets are mid-market defaults drawn from those 25 programs — the threshold, window, and notice-period ranges quoted in each section show where the market actually sits so you can position deliberately. This is the 2026 edition, reviewed twice yearly.