Affiliate Marketing Contract

This Affiliate Marketing Contract ("Contract") is entered into on ______, between Bella Imagery Photography and Graphics, hereinafter referred to as "Company," and ________, hereinafter referred to as "Affiliate" and is valid for twelve (12) months.

Commission Structure:

Affiliates shall be entitled to a commission of 10% on the net sale amount, following the deduction of any applicable fees, for each booking referred to through their exclusive affiliate referral link or code. The "net sale amount" would be the total sale amount after applying discounts or referral codes and subtracting any expenses or fees associated with the sale. Affiliates earn their commission based on this net sale amount, as it represents the actual revenue generated from the sale. This commission structure applies to the following types of bookings:

·         Studio sessions

·         On-location sessions

·         Headshots

·         Weddings

·         Seniors

·         College graduate sessions

·         Commercial Photography

·         Party events

·         Maternity sessions

·         Engagement sessions

·         Birthday sessions

·         Boudoir sessions

·         Holiday specials

·         Daycares and Sports Photography

o   The affiliate will be eligible to receive a capped commission of 25% on the net sale amount of each print package sold to sports teams and daycares. The "net sale amount" would be the total sale amount after applying discounts and subtracting any expenses or fees associated with the sale. Affiliates earn their commission based on this net sale amount, as it represents the actual revenue generated from the sale. No referral code will be required as sales will be facilitated exclusively through print packages. It's important to note that our packages are printed through a third-party service provider. In this arrangement, affiliates stand to benefit from the net sale amount that remains after all associated fees, including those for printing, have been subtracted. This structure ensures that affiliates earn from the proceeds that are left after covering the costs of producing prints, allowing them to generate profit based on the net sale amount. This approach emphasizes the transparency of our compensation system and offers affiliates an equitable share of the earnings. In addition, print packages do not typically qualify for discounts unless parents are purchasing a package per child.

o   The affiliate will assume the responsibility of closing the deals with each sports team or daycare. Given that the connection was initiated by the affiliate, their commission will be derived from the sales of these packages made through the daycares.

o   To enhance the likelihood of selling multiple packages, the affiliate will have the opportunity to participate in daycare or sports team sessions. They can collaborate with the photographer to ensure that each child appears well-groomed, presentable, and adorned with a joyful smile in their photographs. The quality of the photographs directly correlates with parental spending, as exceptional pictures tend to encourage increased investment from parents. Maintaining the quality of portraits is instrumental in securing the ongoing renewal of contracts. Delivering outstanding portraits, clients are more inclined to extend their contracts, ultimately contributing to the sustained growth and success of the company.

o   In group setting portraits such as sports photography and daycare photography, the primary revenue model is centered around print packages. It's essential to emphasize that these print packages play a central role in the sales process. Furthermore, it is of paramount importance that our affiliate partners are well-versed in the pricing structure of these print packages. This knowledge equips them to be well-prepared when engaging with daycare directors or sports team coordinators. Understanding the pricing allows affiliates to navigate negotiations effectively, especially when discussing potential fundraiser options. Some organizations express interest in collaborating with photography companies to run fundraisers, which can be an excellent way to generate additional funds. However, prior to committing to any fundraiser arrangement, it is crucial for affiliates to consult with the owner of the company. This ensures that the company is currently able to accommodate and support fundraising initiatives. Collaboration with the company for fundraising activities should align with the company's goals and capacity at that given time. Therefore, it is essential for affiliates to confirm the feasibility of such endeavors before proceeding with any fundraising discussions.

o   Commission Structure Clarification for Sports Teams and Daycares:

§  It's important to clarify that print packages associated with sports teams or daycares do not contribute to the commission tiers outlined in the standard structure explained further down in the contract. This distinction arises from the fact that commissions for print packages are handled differently. Hence, even if an affiliate brings in a substantial group, such as a team of 150 kids, this specific scenario will not propel the affiliate to a higher tier within the standard commission structure. However, it's worth noting that the affiliate will still earn commissions from these print packages for their efforts, and each team or daycare contract counts as one sale, contributing to their overall performance within the standard commission structure. This differentiation ensures a fair and transparent approach to commissions while acknowledging the unique nature of print packages from sports teams and daycares in our affiliate program.

Customer Discount:

The Company will furnish the Affiliate with an exclusive discount code designed for the purpose of extending to customers. When customers utilize this unique code during the booking process, they will be entitled to a 10% discount on their selected services. This special offering not only enhances the customer experience but also serves as a powerful incentive, further strengthening the attractiveness of our affiliate program.

Net Sale Amount:

The "net sale amount" would be the total sale amount after applying discounts and subtracting any expenses or fees associated with the sale. Affiliates earn their commission based on this net sale amount, as it represents the actual revenue generated from the sale.

If a customer books a studio session, the affiliate's commission percentage will be subtracted from the amount remaining after applying the customer's 10% discount code and deducting the studio fees.

Example: If a customer books a session for $150, subtract their 10% discount leaving a total of $135. Then subtract the studio fee of $25 to get $110. The affiliate's 10% commission would be applied to the net sale amount, resulting in $11 for the sale.

If a customer books an on-location session, the affiliate's commission percentage will be subtracted from the amount remaining after applying the customer's 10% discount code.

Example: If the session is $150, subtract the customer's 10% discount leaving a total of $135. Then subtract the affiliate's commission to get $13.50 for the sale.

The commission structure will be tiered as follows:

10% commission for the first 50 sales referred.

15% commission for the next 100 sales referred.

20% commission for the next 200 sales referred.

Affiliates can capitalize on the increased demand and enthusiasm that holidays bring, potentially propelling them toward their sales goals. These specials not only enhance the value proposition for customers but also offer affiliates a valuable avenue to drive sales and attain their objectives effectively.

Commission Cap:

If an affiliate demonstrates an exceptional level of performance that surpasses all predefined goals, the Company has implemented a policy to ensure equitable compensation. As a recognition of their outstanding achievements, such high-achieving affiliates will be subject to a commission rate cap, which has been set at a maximum of 25%. This balanced approach allows the Company to maintain fair compensation practices while motivating and rewarding affiliates who consistently excel in their role.

Program Reset:

After a period of 12 months, the Company retains the prerogative to initiate a reset of the affiliate program. This strategic consideration may be prompted by various factors that contribute to the program's overall effectiveness. Among these factors are the imperative need to adapt to industry changes, engage in the recruitment of fresh and dynamic affiliates, enhance the terms and conditions governing the program, and diligently evaluate the program's overall performance.

This periodic review and potential reset serve as a proactive measure aimed at ensuring that the affiliate program remains agile, competitive, and aligned with our company's evolving objectives and industry dynamics. We appreciate your understanding of this process as we collectively strive for sustained success and excellence in our affiliate partnerships.

Exemption of Affiliate Discount:

·         Print Packages: Physical prints, albums, and other tangible products may be excluded from affiliate discounts due to their production costs and materials.

·         Studio Rental Fees: Any fees associated with renting a studio space or location are typically not subject to discounts.

·         Premium or Custom Services: Services that are considered premium or custom, such as extensive retouching, specialized editing, or unique artistic requests, may be exempt from discounts.

·         Specialized Photography Services: Specific photography services that require specialized equipment, skills, or resources might not be eligible for discounts.

·         Discounts: Affiliate discounts may not be combinable with other discounts, or package deals already offered by the photography company.

·         Taxes and Fees: Discounts may not apply to taxes, shipping fees, or other government-imposed charges, which are calculated separately.

·         Payment Processing Fees: Any fees associated with payment processing services, such as credit card transaction fees, are not discounted.

·         Self-Referrals: Affiliates may not receive discounts on their own purchases.

·         Custom or Negotiated Pricing: Discounts may not be applicable to sales where customers have negotiated custom pricing or terms outside the standard offerings.

·         Excluded Products or Services: Specific products or services explicitly listed in the affiliate program's terms and conditions as ineligible for discounts.

Things Affiliates do not benefit from:

Affiliates, we want to clarify that there are certain components and supplementary services that do not contribute to your commission earnings within our program. These include add-ons such as gas expenses, champagne bottles, smoke bombs, or any additional elements that customers may opt for when booking a photography session.

While these additions may enhance the customer's experience or customize their session, they are not factored into the commission structure for affiliates. Your commission is primarily based on the sale of the core photography services and packages. We value your contributions in driving sales and referrals, and it's essential to be aware of the specific inclusions that determine your commission.

Commissions Payment Process:

Commissions earned by affiliates will be disbursed through a structured and transparent payment process. Here's how it will work:

·         Accumulation of Commissions: Affiliates will earn commissions for successful referrals or sales, which will be accurately tracked and recorded.

·         Payment Schedule: Commissions will be paid out on a predetermined payment schedule, typically monthly.

·         Payment Methods: Affiliates will receive their commissions through a payment method, such as direct bank transfer.

·         Payment Notification: Affiliates will be duly notified when their commissions are processed and on their way.

·         Payment Transparency: The payment process will be transparent, with detailed records and reports available to affiliates, providing visibility into their earnings and commissions.

This structured payment process is designed to ensure a fair and dependable compensation system for our affiliate partners while maintaining clarity and trust in our working relationship.

Building your affiliation:

Affiliates, we want to emphasize the flexibility and versatility of the company's offerings. Our company provides a wide array of photography services, catering to various preferences and client needs. As an affiliate, you can shape your affiliation journey with the company by focusing on one or multiple types of services that align with your strengths, interests, and networking capabilities.

This adaptability allows you to tailor your affiliate strategy to your unique strengths, expanding your potential to excel in specific areas of expertise. Whether you choose to specialize in a single photography niche or explore multiple service types, we're committed to providing you with the support and resources needed to make your affiliation with the company both fulfilling and successful. Your affiliation journey is, in essence, a reflection of your preferences and aspirations, and we encourage you to explore the opportunities that best suit your personal and professional objectives.

Affiliate's Promotion Guidelines:

The Affiliates can promote the Company's photography services and products through a diverse array of marketing channels. This is underpinned by a steadfast dedication to upholding the highest standards of ethics and legal compliance. The objective is to ensure a clear understanding of acceptable promotional strategies. Affiliate marketing encompasses a wide range of methods and strategies that affiliates can use to promote products or services and earn commissions. Here are some examples of affiliate marketing methods:

·         Blogging

·         Social Media Marketing

·         Email Marketing

·         YouTube Marketing

·         Influencer Marketing: Affiliates with a strong online presence promote products or services to their followers.

·         Content Marketing: Affiliates create informative and engaging content around specific niches, embedding affiliate links where relevant.

·         Product Reviews

·         Podcasts

·         Local Marketing

·         Verbal or oral commendation

Accurate Representation of Company Offerings:

The Affiliate assumes a pivotal role in presenting the Company's offerings with precision and integrity. This pivotal role extends to the critical responsibility of refraining from any form of false or misleading claims, ensuring a faithful portrayal of the Company's services and products.

·         Branding Consistency: Affiliates are required to maintain the consistent use of the company's logos, colors, and visual identity in all marketing materials to reinforce brand recognition.

·         Messaging Compliance: Affiliates must align their promotional messaging with the company's brand values and messaging guidelines, ensuring they accurately represent the products or services.

·         Ethical Promotion: Affiliates must adhere to ethical marketing standards and not engage in deceptive or manipulative practices to drive sales, respecting consumer trust and brand reputation.

·         Content Quality: Guidelines may specify the quality standards for content, ensuring that it is accurate, informative, and adds value to the audience.

·         Advertising Policies: Guidelines could include rules on ad placement, ensuring affiliates are not using company trademarks or keywords in paid advertising without permission.

·         Competitor Branding: Affiliates should avoid misleading users by clearly distinguishing between the company's products and those of competitors in their promotions.

·         Trademark Use: Guidelines may specify the appropriate use of company trademarks, preventing affiliates from altering or distorting them.

·         Copyright Compliance: Affiliates must respect copyright laws and avoid using copyrighted materials without proper authorization.

These guidelines aim to maintain brand integrity, ensure legal compliance, and create a positive and consistent customer experience while allowing affiliates to effectively market products or services.

By adhering to these core principles, the Affiliate contributes to a partnership founded on credibility, trustworthiness, and the shared objective of promoting the Company's photography services and products in an ethical and legally compliant manner.

Emphasis on Ethical and Legal Compliance:

Our contract places significant emphasis on the necessity for affiliates to conduct their promotional activities in strict adherence to both ethical standards and legal requirements. This commitment to integrity is a fundamental tenet of our partnership.

Termination Clause:

This contract holds provisions for termination, which can be initiated by either party. Termination must be carried out through a signed written notice and requires adherence to a notice period of 3 days. This provision ensures a structured and cooperative conclusion to the contractual relationship, allowing for an orderly transition if necessary.

Confidentiality Agreement:

Both parties involved in this contract mutually consent to maintain the strict confidentiality of any proprietary information acquired during the contractual term. This commitment underscores the importance of safeguarding sensitive and private information, fostering trust and integrity in our partnership.

Ownership and Usage Rights of Intellectual Property:

It is imperative to clarify that all intellectual property, which includes logos, images, and marketing materials, exclusively belongs to the company. The ownership and usage rights to these assets are vested in our company. This provision underscores the unequivocal ownership and control that the company maintains over its intellectual property.

Modification of Terms and Conditions:

The Company retains the prerogative to amend and revise the terms and conditions of this agreement as necessary. In doing so, a notice period will be provided to affiliates to thoroughly review and, if agreeable, accept the updated terms. This approach ensures that changes are transparent, allowing affiliates to make informed decisions and maintain the integrity of our contractual relationship.

Contact Points:

Affiliates are encouraged to utilize official communication channels, such as email or phone call or text messages, for routine inquiries or support.

Response Times:

Routine Inquiries: The company is dedicated to responding to routine inquiries within 24 hours, ensuring that affiliates receive timely and helpful responses.

Urgent Matters: For urgent matters or issues requiring immediate attention, affiliates can expect a response within 6-12 hours, allowing for rapid resolution.

Our approach to communication is designed to foster a transparent, accessible, and efficient line of contact, reinforcing our commitment to a strong and collaborative partnership.

Liabilities to Consider:

As a prospective affiliate with the company, it's crucial to be aware of certain potential liabilities that may arise during your participation in our affiliate program. These include:

·         Legal Compliance: Affiliates must operate within the bounds of both legal and ethical standards in their marketing and promotional efforts. Any engagement in deceptive or unlawful practices could not only harm the company's reputation but also expose the company to legal liabilities.

·         Data Protection: During your promotional activities, if you collect user data, it is essential to handle this data in strict compliance with data protection and privacy regulations. Mishandling such data can result in legal and financial liabilities for the company.

·         Misrepresentation: Presenting false or misleading claims about the company's products or services could lead to reputational damage. Furthermore, it might result in potential legal liabilities for the company.

·         Intellectual Property: The misuse of the company's intellectual property, including logos and branding, could lead to allegations of intellectual property infringement. This, in turn, may result in legal disputes and liabilities.

·         Affiliate Payments: The company has a commitment to provide commission payments to affiliates for their successful referrals. Issues related to affiliate payments, such as delays or inaccuracies, can potentially lead to financial liabilities and disputes that we aim to avoid.

These liabilities are crucial to consider as they underscore the significance of ethical conduct, data security, and accurate representation. We prioritize transparency and compliance within our affiliate program, ensuring a mutually beneficial partnership while mitigating potential risks.

Jurisdiction and Governing Law:

In the event of any disputes or issues that may arise, it is imperative to establish the jurisdiction and governing law that will apply. The company, located in Tallahassee, Florida, will designate Tallahassee, Florida, as the exclusive jurisdiction for addressing any disputes or legal matters related to this affiliate program.

Furthermore, the governing law that will be invoked in the resolution of these matters is the law of the State of Florida. This provision ensures a clear and consistent legal framework for addressing potential issues and reinforces our commitment to transparency and clarity in our affiliate partnerships.

Acceptance of Terms and Conditions:

To acknowledge and accept the terms and conditions of our affiliate program, affiliates will be required to take specific actions. This deliberate action serves as an explicit indication of their consent and agreement to abide by the terms and conditions outlined in our program.

By incorporating this acceptance mechanism, we ensure that affiliates fully comprehend and willingly embrace the terms and conditions, fostering a relationship founded on mutual understanding and compliance.