The North Carolina Affiliate Program Agreement is a legally binding document that outlines the terms and conditions of a partnership between a company (referred to as the "Merchant") and an individual or entity (referred to as the "Affiliate") located in North Carolina. This agreement governs the relationship between the Merchant and the Affiliate regarding the promotion and sale of the Merchant's products or services. The Affiliate Program Agreement generally includes the following key provisions: 1. Commission Structure: This section specifies the commission rate or structure under which the Affiliate will be compensated for generating sales or leads for the Merchant. It outlines the payment method, frequency, and any eligible thresholds. 2. Affiliate Responsibilities: Here, the agreement describes the Affiliate's obligations, such as promoting the Merchant's products/services through agreed-upon channels and complying with all applicable laws and regulations. It may also include guidelines for proper branding and marketing practices. 3. Intellectual Property: This provision clarifies the ownership and usage rights of the Merchant's trademarks, logos, and other intellectual property by the Affiliate. It typically prohibits the Affiliate from modifying or misusing any of the Merchant's intellectual property. 4. Termination: The agreement states the conditions under which either party may terminate the affiliate partnership. This may include non-performance, breach of terms, or violation of applicable laws. It also outlines the consequences of termination, such as the discontinuation of commissions. 5. Confidentiality: A confidentiality clause ensures that any proprietary information shared between the Merchant and Affiliate remains confidential and not disclosed to third parties. 6. Independent Contractor Relationship: It is important to define the relationship between the Merchant and Affiliate as that of independent contractors rather than employer-employee. This clarifies that the Affiliate is responsible for their own taxes, insurance, and compliance with applicable laws. In addition to the general North Carolina Affiliate Program Agreement, there might be various types or variations of the agreement based on different factors like the specific industry, product/service type, or performance-based parameters. For instance: 1. E-commerce Affiliate Agreement: This type of agreement applies to affiliates who promote and drive sales for online businesses or e-commerce platforms. 2. Lead Generation Affiliate Agreement: This agreement caters to affiliates who generate leads or inquiries for a merchant, often with the aim of converting those leads into customers. 3. Pay-Per-Click (PPC) Affiliate Agreement: This agreement pertains to affiliates who primarily use PPC advertising to direct traffic to the Merchant's website, earning a commission for each click generated. 4. App Affiliate Agreement: This type of agreement is specific to affiliates who focus on promoting mobile applications, either through app stores or other digital channels. These are just a few examples of different types of North Carolina Affiliate Program Agreements, and there may be others tailored to specific industries or business models.