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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91096
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am going to market with a product through affiliate marketing.

Customer Question

I am going to market with a product through affiliate marketing. I have prepared the affiliate contract from templates found on line, it is 5 and a half pages long..what is the cost review it?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. We would be glad to work with you to review your agreement, but you would have to upload it here for us to review.

As far as cost, we cannot negotiate price with customers, it is based on what you decide you would like to offer that you believe is reasonable.
Customer: replied 1 year ago.

How do I upload it?

Expert:  Law Educator, Esq. replied 1 year ago.
You can upload it to a document site and give me a link or you can upload it here by typing the word CONTRCT in your reply and then selecting the word. When you select the word the link button on the tool bar in the reply box will activate (next to the smiley face) and you click on that link. Then a box will pop up and you click on the little box next to the first line and another box will open to allow you to upload your document.
Customer: replied 1 year ago.

Contrct


 


Hope I have it correct!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you it worked just fine.

DId you have any specific questions about the contract that you would like me to address? What specifically would you like to know about the contract?
Customer: replied 1 year ago.

Whether it passes as a contract or did I miss anything/

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The contract is a valid contract and would be enforceable as written.

A couple of suggestions. First, there is a typo in the very beginning where you say "you refers to the affiliate" the word YOU should be in quotation marks.

Second, the limitation of liability, Section 11, " We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program," You should add in after "the program" or "use of any of our links or computer coding" just to make it clear.

Other than those two things it is fine.

The only other things you can consider, you have that the law and venue is CA, you could use arbitration instead of the courts if you choose, but that is a choice that is up to you and some companies find arbitration cheaper than litigation and it can be faster. Also, you might want to have a breach of contract provision providing for damages they would owe you and also for attorney's fees if you have to sue them for breach.

Aside from those things it is fine.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91096
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Will address your suggestions and fix accordingly. Appreciate


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. The contract is sound and enforceable, it is just the breach clause including damages you can recover and attorney's fees and costs of suing for breach makes it a bit more in your favor for protection.

The arbitration is really your choice, some companies prefer it and other companies do not prefer it and it is just personal preference.
Customer: replied 1 year ago.

1. Should the breach statement be a separate clause and can you provide an example of how it is framed?


 


2 Governing Laws


I have taken your suggestion - is this Ok?


This Agreement will be governed by the laws of the United States of America and the State of California without reference to rules governing choice of laws. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in on-line affiliate business and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

Expert:  Law Educator, Esq. replied 1 year ago.
The arbitration clause is fine.

Breach of contract:

In the event either party breaches this contract, the non-breaching party shall give notice in writing to the breaching party giving them five (5) business days to cure the breach. Failure to cure the breach in five (5) business days from receipt of written notice shall be grounds for the non-breaching party to declare the contract in breach and pursue damages in accordance with Paragraph 18 of this Agreement.
Customer: replied 1 year ago.

Thanks..appreciate

Expert:  Law Educator, Esq. replied 1 year ago.
You are welcome.

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