Core components of your terms
Your terms should clearly define what constitutes a valid sale, how commission is calculated, and when payments are made. Include specific rules on returns and cancellations to protect your margin.
Specify your policy on brand bidding (PPC), social media advertising, and the use of your trademarks. Setting these boundaries early prevents costly conflicts and brand dilution.
Content and brand standards
Include clauses that require publishers to keep their content up to date and accurate. You should also reserve the right to approve any custom creative assets or comparative advertising claims.
Prohibit the use of your brand in a way that could be perceived as deceptive or damaging to your reputation. A 'morality clause' can also be useful for high-profile influencer partnerships.
Termination and consequences
Clearly state the grounds for termination, such as fraud, breach of terms, or consistent low performance. Also, outline the process for removing a partner from the programme and what happens to pending commissions.
Reserve the right to withhold payment if a partner is found to be in breach of your rules. This acting as a strong deterrent against unethical practices like cookie stuffing or brand hijacking.
Market-specific legalities
Different countries have different legal requirements for advertising and data privacy. Ensure your terms are compliant with local laws in every market where you operate.
For example, in the UK and US, disclosures like #ad are mandatory for social media posts. Requiring these in your terms protects you from regulatory action against your partners.
Keeping terms updated
The digital landscape changes quickly, and your terms should evolve with it. Review your programme rules annually and communicate any major changes to your partners well in advance.
DIKKE KASSA provides template terms and advice on how to structure your agreements. We ensure your brand is protected while maintaining a programme that is fair and attractive to top-tier publishers.