Legal Question in Business Law in California

Need to find a business form for affiliate agreements

If anyone can help me that would be great. We are setting up price comparison

sites and need an agreement for merchants to sign. Once they sign they will

send us a list of products and which we will showcase on our sites. Then

customers will click-through to the merchant's websites (like pricegrabber,

shopping.com etc.). If they buy we will receive a commission.

I found an affiliate agreement on findlegalforms.com and paid $9 but the

agreement is very very pro-merchant (they call the merchant the ''company''). I

need one that is very pro-affiliate. Does one exist? I also checked with

coollawyer.com but they did not have exactly what I was looking for. Thanks!!

David


Asked on 5/08/06, 7:42 pm

2 Answers from Attorneys
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: Need to find a business form for affiliate agreements

You may have to have something drafted for your specific circumstances. Obviously that will be more expensive than $9. But, if you can find a form that is 70% where you want to go and know basically what you want you should be able to do it cost effectively.

Beware making the form too strong though. Otherwise you will get push back and people won't sign it. Then you have just wasted your time and money.

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Answered on 5/09/06, 8:29 am
Daniel Harrison Berger Harrison, APC

Re: Need to find a business form for affiliate agreements

The legal forms you purchased may provide a template. However, the template should be modified to suit your business enterprise. I doubt you have much bargaining power against the merchants, and any agreement you reach will likely favor them. If you are serious about starting a business, don't skimp on legal necessities, such as business formation and contracts. If you do, you're almost guaranteed to suffer later on.

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Answered on 5/09/06, 2:08 pm


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