If you need help with an affiliate marketing agreement, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.
Subject to the terms of this Agreement and the accrual of commissions as set forth in Section 8 above, commissions will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.
For example, someone like Tim Ferriss can recommend products to his audience because he has earned an authoritative voice on fitness, productivity, learning and lifestyle design through his blog and his books. Tim’s blog is a perfect example of how to build a successful affiliate model. Tim rarely actually recommends products, but when he does you can tell he is being genuine and not just trying to earn money from his audience.

We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on our website. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Affiliate Program following our posting of any modification on our website will constitute binding acceptance of the change.


Great post , I do read a lot of the Nichehacks articles and this one is so true. At the moment I am in a niche I'm passionate about and yes although I am primarily using Amazon to monetize my site, I will be branching out to use other methods very soon. It frightens me to think the plug can be pulled at any time! I intent to use other affiliate programs as well as Amazon, maybe Google Adsense, I'm not sure yet, some digital products and also to build an email list.
d) To the extent you have in any manner violated or threatened to violate the Program Operator’s intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in Anchorage, AK, USA and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the website, products, and/or services. The Program Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator’s right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
5.1 We make no express or implied warranties or representations with respect to our Affiliate program or any products or items sole through such program (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance or trade usage). We make no representation or warranty that the operation of the Sites or any of them will be interrupted or error-free and will not be liable for the consequences interruptions or errors.
The community curated content website has really sprung up in the last couple of years. Websites like Tumblr and Pinterest have created hyper focused niches on highly valuable industries like fashion and retail. I think Tumblr has the opportunity to do something with affiliates, but it is Pinterest that is really looking to go after the opportunity.
It can be time-consuming to find product images to use when promoting Amazon, the same thing goes for adding links. With EasyAzon I can add images, links, product info boxes and more by the click of a button directly from my own site. Super simple and it saves time and helps maximize earnings. If you monetize with Amazon take a look at EasyAzon here.
Use of Links. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a "Link" or collectively, as the "Links"). The Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to FatCow’s website. You agree to cooperate fully with us in order to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. FatCow may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote FatCow that are not approved in advance by FatCow. All Affiliate Sites shall display the Links prominently in relevant sections of their website. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer's knowledge (e.g. iframe). Any information with respect to FatCow that is going to be displayed on the Affiliate Site must be preapproved by FatCow in writing.

Hey Sue, I can’t disclose the amount of money that the website was earning when I sold it, but as I admitted at the onset of the article my income from Amazon would have surpassed $100,000 had I not sold the site. I already have several other authority style websites I’m building up as well as my network of smaller niche sites that earn good money as well.
Thanks to your article, my anxiety and panic about getting started have vanished to a great extent. Coincidentally, this has come around the time when I had just purchased a PLR to WordPress tutorial which also came with an upsell that contained a course on Amazon promotion among others. I now also plan to purchase your course discussed here to that I can start setting my foot into the physical products affiliate marketing world.

This Marketing Affiliate Agreement (the “Agreement”) is entered into this 8th day of May 2014, by and between BIRCH FIRST GLOBAL INVESTMENTS INC., a corporation incorporated in the U.S. Virgin Islands, with its main place of business located 9100 Havensight, Port of Sale, Ste. 15/16, St. Thomas, VI 0080 (referred to as “Company”) and MOUNT KNOWLEDGE HOLDINGS INC. and/or assigns, a corporation incorporated in the State of Nevada, with its main place of business located at 228 Park Avenue S. #56101 New York, NY 10003-1502 (referred to as “Marketing Affiliate” or “MA”).

Your acceptance and participation in the Affiliate Program does not mean that you will be accepted into any of our HubSpot Partner Programs, including our Sales Solutions Partner Program, Sales Referral Partner Program or our Agency Partner Program. In order to participate in these programs, you will need to apply in accordance with the relevant application procedure.
4.5 In the event of termination, the following shall apply: (i) you shall forthwith stop all marketing and promotional activities for the Sites and all rights and licenses granted to you under this Agreement shall forthwith terminate; (ii) you shall return all confidential and/or proprietary information and cease all use of Our Marks and Our Materials; (iii) we shall be entitled to leave open, redirect or deactivate any Trackers, as we may elect in the exercise of our sole discretion; (iv) save as provided to the contrary in this Agreement, we shall pay you due and outstanding commissions as at the effective date of termination but subject to all our rights of deduction and set-off and shall not be liable to you for any other payments and/or claims whatsoever.

Any products you choose should also have acceptable prices and be available to purchase most of the time. Some products aren’t sold by Amazon, but through sellers only. These can sometimes have higher markups than the product sold elsewhere, which can be a turn-off for your audience. Items sold by sellers might run out of inventory fast, too, so look for products that don’t appear to have a history of this issue.


But big brands began to become enlightened in the mid-2000s. They started to invest more and more budget into online marketing initiatives, while Google slowly moved to favoring them in the search results. Blogs were undergoing a metamorphosis — evolving from glorified online diaries to significant sources of valuable content with increasingly large readerships.
If there’s one product you sell a lot of and it’s something that can be private labeled you could make a lot more selling it on Amazon yourself (and you can still promote it as an affiliate too, gray area but people do it). For example, supplements are very easy to private label. I started out as an affiliate and now I sell my own private label products and make more than I ever could have as an affiliate. 

You’re absolutely right about that time. Never give up. Content marketing is a hard job but you got to look at it like this. The internet and side hustles are here to stay. It goes Way Beyond making money online. We both know there’s no more traditional job security in America today. These narcissist employers are nothing nice. They will hire you 1 minute. Harass you on the job. Steal your commissions and laugh at you behind your back while you continually work hard and put more money in their pocket, then try to enslave you into making more money for them and continually disrespect you to your face. This is the Ironclad indicated it’s time to walk away and start your own business online by working part time on your side hustle weather to Philly at marketing, blogging, or selling your own product service online. There’s billions of dollars to be made in the affiliate marketing industry. With that said, it’s a good thing to know the side hustle is here to stay to those who dedicate themselves to creating quality content on blogs and websites and taking a side hustle to the public nightstep. Agree? :-)
Hey Chris – great post. Just a question – We have got about 80 stores affiliated to Amazon Associates. As I understand from your article, it appears that the blog site is a foundation for making a successful Amazon Income. In this regard, we don’t have a blog site but we just have those stores (websites) which have a show case of products. What do you think the strategy would be to drive sales? Of course, we have got Social Media Marketing currently in place.

Anna is starting her own affiliate marketing business. So, she researches some niches and finds out that dog lovers who feed their dogs only raw foods is a pretty profitable niche. This group of people doesn't skimp when it comes to their dog's food. They're willing to search and purchase those raw foods that are of high quality and will benefit their dog's health the most. So, Anna chose this niche for her affiliate marketing business. She then goes and creates a website geared for this group of people. Then, she begins to post informational articles about raw food along with product recommendations. She forms affiliate relationships with various raw dog food companies. These companies provide Anna a special referral link she can post on her site to recommend to others. As soon as more and more people visit her site, she begins to make passive income. Whenever a reader clicks on one of her referral links and makes a purchase, Anna gets paid a percentage of the sale. Anna keeps the business going by continuing to post informational articles along with product recommendations.
For people with a genuine following, you may be able to recover lost revenue by reaching out to the actual manufacturers of the products. If you own a technology niche site or unboxing Youtube channel, for instance, you might be able to reach out to manufacturers to sponsor your reviews, or to pay you for banner ad spots on your niche site if the site is ranking #1 for an important buyer keyword for that manufacturer.
If the website isn’t an authority in its niche, ask yourself if it is setup to be one. You should always have this in mind, but especially with affiliate sites. Since affiliate sites have such a low barrier to entry, by buying an authority site, you are significantly putting yourself ahead of your competition who will be entering the game without an authority site. This will help you keep market share and dominate the niche.

You and FatCow are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this section.
(c) Marketing. Solely with respect to the Amazon Influencer Program, and notwithstanding anything to the contrary in the Participation Requirements, you may include Special Links to your Influencer Page in emails; provided, that such emails are in compliance with the Agreement, the Trademark Guidelines, and the Amazon Brand Usage Guidelines. Upon our request, you will provide us with representative sample materials and written certification that you have complied with the foregoing. We will specify the form of, and content required in, that certification in any such request. Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Influencer Program Policy. For the avoidance of doubt, (i) for the purposes of applicable marketing laws (for example, if applicable, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991 and any similar or successor legislation), you are the “Sender” of each email containing any Special Links, and (ii) you must comply with applicable laws and marketing industry standards and best practices for all emails relating to the Amazon Influencer Program. Amazon may revoke the offline marketing permissions granted in this Section 1 at any time in its sole discretion by providing written notice to you.

You hereby agree to indemnify and hold harmless FatCow and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.


Still, as Amazon shifts its attention to new ventures in streaming and personal assistant hardware, many see it as an ominous sign for the affiliate program. “Amazon has done such a great job taking all their profit and dumping it back in to their business. And investors are now asking Amazon to show a profit,” says Lakes. “I’m not surprised that they’re whittling a few percent here and there.”
×