Sometimes an affiliate agreement is called affiliate program agreement. Under this agreement, there is no joint venture and the subsidiary will act as an independent contractor. If you sign an affiliate agreement, it means that you understand the terms of the affiliate relationship. It`s interesting to hear from your experience. I wonder if this formula in the American agreements has become “part of the furniture”, much like references to “keep unscathed” and is not requested for that reason. If A is a member of B, does this mean that B is definitely an affiliate of A? Do readers agree? Are there circumstances in which you think it is appropriate to include related companies in a contractor definition? Definition of contract affiliation can mean several different things depending on the context in which it is used. The word affiliate may refer to any company, limited liability company, partnership, business or other entity that is under direct or indirect control with another party. In the context of a bankruptcy, a subsidiary that is the owner or control of the debtor, or which is somehow linked to a business that owns or controlled by the debtor. How about the treatment of related companies as representatives, to whom the parties can disclose information, provided they are bound by similar confidentiality obligations? This seems correct as long as the parties themselves are the only ones exchanging confidential information, but I have seen that agreements like this have served as the basis for the general exchange of information between two groups of companies. If you use an affiliate relationship to advertise on a website, you need to make sure that you read the terms and conditions carefully.
A lot of time, you won`t be making any commission if the site cookies were used. In cases where cookies are allowed if they have been modified in one way or another, this may remove your right to commission. An affiliation agreement is a contract between the two parties: the host or the offer company and the Affiliate. Like any other type of contract or agreement, it is important to put this affiliate agreement in writing. (Excerpt from our “detailed licensing agreement”) In corporate law and corporate tax, a subsidiary linked to another company is usually by the position of a member or a secondary role, a subsidiary. If in doubt, it is recommended that the inclusion or exclusion of a particular organization be made explicit. This is normal for private equity or investment fund transactions when they act as 100% shareholders (i.e. because other portfolio assets may be unintentionally affected by a broad definition). In addition, the 50% threshold may be raised to exclude joint ventures and holdings in which the partner shareholder has a blocking vote (i.e. in the absence of “control” over accounting standards such as ifrs). Mark, excellent article and I completely agree with your comments. I have never been able to give a good reason for a contracting party to define itself as an inclusive partner, and I will always thwart that development.
Keep the good work on the blog. Good luck for 2014, George It is understandable, from the licensee`s point of view, to want to extend the licensee to affiliates (i.e. group companies) of the licensee. There are several ways to do this, which are discussed below. Putting the affiliate in the definition of the licensee may seem attractive on the surface – a quick solution – but poses several difficulties.