Affiliate Marketing Lawyers for New York
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Anjali S.
Attorney licensed in California, New York, and Florida with over a decade of experience in technology transactions, data privacy, and intellectual property. I advise businesses on drafting, reviewing, and negotiating commercial agreements, including SaaS agreements, master services agreements (MSAs), vendor and procurement contracts, data processing agreements (DPAs), and intellectual property licensing arrangements. I hold the CIPP/US and CIPP/E privacy certifications and regularly support clients on matters involving data use, privacy considerations, and contract structuring in technology-driven business relationships. My approach is practical and business-focused, with an emphasis on clear guidance, efficient negotiation, and helping clients move forward with confidence.
"Anjali is beyond sharp, responsive, and--most importantly for my project--highly knowledgable in the entertainment and intellectual property spaces. I'd work with her again in a second."
Scott S.
I have over 25 years' experience representing individual and company clients, large and small, in transactions such as mergers and acquisitions, private offerings of securities, commercial loans and commercial endeavors (supply contracts, manufacturing agreements, joint ventures, intellectual property licenses, etc.). My particular specialty is in complex and novel drafting.
"Best attorney experience I've had. Scott S. knocked out my PPM, LPA, and subscription documents efficiently, responded fast, sweated every detail, and was completely fair on price. Exactly what you want and rarely find. Won't go anywhere else."
Brianna N.
Brianna is a well-respected New York licensed attorney with a Juris Doctorate degree in law from Touro College Jacob D. Fuchsberg Law School and bachelor’s degree in Business Administration and Management from Dowling College. Since becoming an attorney, she has practiced in various areas including business law, corporate law, residential real estate, commercial real estate, criminal law, traffic law, employment law, landlord tenant law, estate planning, and has represented intermediaries in procurement and the personal protective equipment industry. Brianna has broad and extensive business experience; She is an entrepreneur and co-owner of a microtechnology manufacturing company that was built by her and her partner, where she also served as the Chief Legal Officer and Human Resource Manager for the company. While building the manufacturing business, she created a brokerage firm for business transactions and has managed several other businesses which she has ownership interest in. Brianna’s involvement in these various businesses over the past 15 years provides a unique skillset to her clients; Not only does she understand contractual principals and obligations from a legal perspective while drafting and negotiating agreements, but she also has the foresight, experience, and ability to ensure the agreement reflects the practical aspects of the business. Based on the client’s needs and desired outcome, she has the forethought to cover different angles that would be overlooked from a legal standpoint, and as a result she is able to help prevent unforeseen business ramifications. She conducts extensive risk assessments on behalf of her clients and minimizes exposure to potential liability without “over lawyering” agreements. One of Brianna’s main areas of focus is drafting and negotiating agreements. Negotiation is a passion of hers which was applied in law school while she was a member of the Alternative Dispute Resolution Society, notably winning Touro Law School’s intraschool negotiation competition. In her more recent years, Brianna has removed herself from her various business interests to focus on her law practice. Brianna has a strong moral compass and believes in quality over quantity. She treats every client as a top priority; thus, she will not take on many cases at a time because she wants to give each client the focus and attention they deserve. She has sharp attention to detail and is a forceful advocate for every client. Brianna has broad and extensive business experience; She is an entrepreneur and co-owner of a microtechnology manufacturing company that was built by her and her partner, where she also served as the Chief Legal Officer and Human Resource Manager for the company. While building the manufacturing business, she created a brokerage firm for business transactions and has managed several other businesses which she has ownership interest in. Brianna’s involvement in these various businesses over the past 15 years provides a unique skillset to her clients; Not only does she understand contractual principals and obligations from a legal perspective while drafting and negotiating agreements, but she also has the foresight, experience, and ability to ensure the agreement reflects the practical aspects of the business. Based on the client’s needs and desired outcome, she has the forethought to cover different angles that would be overlooked from a legal standpoint, and as a result she is able to help prevent unforeseen business ramifications. She conducts extensive risk assessments on behalf of her clients and minimizes exposure to potential liability without “over lawyering” agreements. Additionally, she specializes in drafting and negotiating agreements. Negotiation is a passion of hers which was applied in law school while she was a member of the Alternative Dispute Resolution Society, notably winning Touro Law School’s intraschool negotiation competition. In her more recent years, Brianna has removed herself from her various business interests to focus on her law practice. Brianna has a strong moral compass and believes in quality over quantity. She treats every client as a top priority; thus, she will not take on many cases at a time because she wants to give each client the focus and attention they deserve. She has sharp attention to detail and is a forceful advocate for every client.
"Brianna gave me a very reasonable quote compared to other bids, and she's super responsible and thorough with her job, an absolute delight to work with, highly recommended!"
Terence B.
Terry Brennan is an experienced corporate, intellectual property and emerging company transactions attorney who has been a partner at two national Wall Street law firms and a trusted corporate counsel. He focuses on providing practical, cost-efficient and creative legal advice to entrepreneurs, established enterprises and investors for business, corporate finance, intellectual property and technology transactions. As a partner at prominent law firms, Terry's work centered around financing, mergers and acquisitions, joint ventures, securities transactions, outsourcing and structuring of business entities to protect, license, finance and commercialize technology, manufacturing, digital media, intellectual property, entertainment and financial assets. As the General Counsel of IBAX Healthcare Systems, Terry was responsible for all legal and related business matters including health information systems licensing agreements, merger and acquisitions, product development and regulatory issues, contract administr
"Working with Terence was quick and easy, we would highly recommend him."
Seth S.
I am an attorney admitted in NY, with over 6 years of experience drafting, reviewing and negotiating a wide array of contracts and agreements. I have experience in Sports and Entertainment, Real Estate, Healthcare, Estate Planning and with Startup Companies. I am confident I can assist you with all of your legal needs.
"Seth was great! Super responsive and knowledgeable about acquisitions. He spent the time to ask questions I would have never thought of and really covered all bases. Thanks Seth!!!"
Donya G.
Donya G.
I am a New York and Connecticut–licensed contracts attorney with over 25 years of legal and business experience. I focus on drafting, reviewing, and negotiating commercial agreements, advising small businesses and international brokerage firms — particularly in eCommerce acquisitions. My practice includes asset purchase agreements, master services agreements, operating agreements, employment agreements, and a broad range of commercial contracts, as well as merchant services defense, breach of contract matters and arbitration. I have served as General Counsel to small businesses, a Vice President at an investment bank, a Civil Court Arbitrator and Hearing Officer, and a Judicial Clerk to a Civil Court Judge. My combined legal and business background enables me to deliver practical, strategic counsel tailored to each client’s objectives.
"Donya was an amazing partner and was very patient and diligent in dealing with the APA and OA. I highly recommend her as she knows her stuff, is confident, and always has your back."
Matthew S.
I am a 1984 graduate of the Benjamin N Cardozo School of Law (Yeshiva University) and have been licensed in New Jersey for over 35 years. I have extensive experience in negotiating real estate, business contracts, and loan agreements. Depending on your needs I can work remotely or face-to-face. I offer prompt and courteous service and can tailor a contract and process to meet your needs.
"Matthew was prompt and professional and satisfied all requirements of my request!"
John B.
John Benemerito is the Founder and Managing Partner of Benemerito Attorneys at Law. Admitted to practice in New York and New Jersey, John represents small business owners and startups in the areas of Business and Securities Law. John received his Bachelors Degree at John Jay College of Criminal Justice where he majored in Criminal Justice. Afterwards, he attended New York Law School where he focused his studies on Corporate and Securities Law. John comes from a family of entrepreneurs. From as far back as he can remember he was always involved in his family’s numerous businesses. At the age of fifteen, John entered into a new business venture with his father and managed to grow and maintain that business through high school, college and law school.John is currently a co founder in over five different businesses. After law school, John decided that he wanted to help people like himself. He opened his own law practice and began working primarily with small business owners until he was introduced into the startup world. Ever since that time, John has worked with hundreds of startups and thousands of entrepreneurs from all different backgrounds in helping them achieve their goals. Having been an entrepreneur his entire life, John understands what it takes to create and maintain a successful business. He enjoys sitting down and working with his clients in figuring out each of their unique challenges.
July 15, 2020
Brett G.
Entertainment Attorney with 30+ years of experience, representing all aspects of the TV, Film, Music and Publishing Industries
July 16, 2020
Aaron M.
Aaron focuses his practice on entrepreneurs and emerging growth companies, providing general counsel services for companies from formation through exit. Aaron frequently advises clients in connection with routine and unique legal, business, and strategic decisions, including corporate, business and technology transactions, angel and venture financings, mergers and acquisitions, protection of intellectual property, and information privacy and data security.
September 10, 2020
Jaclyn I.
Jaclyn is an experienced intellectual property and transactional attorney residing and working in NYC, and serving clients throughout the United States and internationally. She brings a targeted breadth of knowledge in intellectual property law, having years of experience working within the media, theater, PR and communications industries, and having represented clients in the music, entertainment, fashion, event production, digital media, tech, food/beverage, consumer goods, and beauty industries. She is an expert in trademark, copyright, and complex media and entertainment law matters. Jaclyn also taught as an Adjunct Professor at Cardozo School of Law, having developed and instructed the school’s first Trademark Practicum course for international students. In her spare time, Jaclyn’s passion for theater and love for NYC keeps her exploring the boundless creativity in the world’s greatest city!
August 24, 2020
Jeffrey P.
Mr. Pomeranz serves as the principal of Pomeranz Law PLLC, a boutique law firm representing clients across myriad industries and verticals. Before founding the firm, Mr. Pomeranz served as Senior Vice President, Legal & Compliance and General Counsel of Mortgage Connect, LP in 2017. Mr. Pomeranz also served as Counsel, Transactions for Altisource Portfolio Solutions S.A. (NASDAQ: ASPS) beginning in 2013, and was based in the company’s C-Suite in Luxembourg City, Luxembourg. Mr. Pomeranz began his career with Mainline Information Systems, Inc. as an in-house attorney.
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Affiliate Marketing
Affiliate Program Agreement
Massachusetts
Need clarification on Affiliate Program Agreement.
I recently joined an affiliate program for a popular online retailer and received their Affiliate Program Agreement, which is quite lengthy and filled with legal jargon. I want to make sure I fully understand my rights and obligations as an affiliate before signing the agreement, so I'm seeking clarification from a lawyer to ensure I'm making an informed decision.
Randy M.
Affiliate agreements may look standard on the surface, but small clauses can carry major consequences. If you’re working with or about to join an affiliate program, understanding what’s actually buried in the fine print could make the difference between earning predictably and running into serious problems later. Let’s walk through the sections that matter most. Commission Structure and Payment Terms This is where your earning potential lives or dies. Most affiliate programs pay a percentage of the sale, usually anywhere from 1 to 15 percent for physical products. Digital services often pay more, sometimes 30 to 50 percent or even higher, but they also tend to come with more clawbacks and stricter compliance rules. Keep an eye out for tiered commissions. If the program offers higher rates based on volume, that can be a game changer over time. But make sure you understand exactly how those tiers work and whether resets happen monthly, quarterly, or never. Then there’s the payout schedule. A $25 or $50 minimum threshold is typical, and most programs pay monthly. But what often gets buried is the delay. It’s not unusual to see 30 to 60 day lags before payment, supposedly to cover returns and fraud. That delay can hurt cash flow, especially if you're buying traffic or scaling campaigns. Cookie duration is another area affiliates tend to overlook. Amazon famously uses a 24-hour cookie, while other programs, especially in finance or SaaS, offer 30 to 90 days. But almost all use last-click attribution. That means if someone clicks your link, then someone else's before buying, they get the credit, not you. In competitive niches, this can get frustrating fast. Watch out for clawback provisions, too. These clauses let companies reverse your commissions for things like returns, chargebacks, cancellations, or suspected fraud. Some clawbacks go back 90 or even 180 days. If you're not budgeting for that kind of volatility, you could end up in the red. Marketing Restrictions and Operational Limits Affiliate agreements almost always limit how you can market. For example, trademark bidding is usually off-limits. You’re not allowed to buy Google Ads on the brand’s name unless they’ve given explicit permission, which they rarely do. Email marketing is another hot spot. Some programs ban it completely. Others only allow it if your subscribers opted in to receive marketing from you specifically. Purchased lists are a nonstarter. And be prepared to show proof of consent, often in the form of a double opt-in process. Cookie stuffing is a hard no. It’s considered fraud. So are shady browser extensions, forced redirects, and any tactic that drops a cookie without the user knowing and actively clicking. Violating these rules is grounds for immediate termination, and in some cases, legal action. And don’t assume you can do whatever you want with content. Most programs prohibit associating their brand with anything controversial, including gambling, adult material, political content, and other high-risk topics. Some luxury brands go even further, banning coupon codes or discount promos entirely to protect their image. Legal Compliance and Disclosure Obligations If you're promoting affiliate links, you’re expected to follow FTC guidelines. That means clear and prominent disclosures. Not buried in the footer. Not hidden behind a link. Right where the promotion appears, in plain language. Something like, “I earn a commission from purchases made through these links.” This is non-negotiable, and the FTC has started cracking down on violators. Beyond that, depending on what you're promoting, state laws may come into play. California's Consumer Privacy Act, for example, imposes specific requirements if you're collecting personal data, even indirectly. Financial and health-related offers carry their own rules, too. And if you're outside the U.S., the rules don’t get easier. The EU requires explicit transparency under the Digital Services Act, and Canada has its own competition laws around sponsored content. Intellectual Property and Branding Guidelines Most affiliate programs give you limited, revocable rights to use their logos or trademarks. These rights are non-exclusive, and they can take them back at any time. You’re not allowed to modify logos, create variations, or use brand names in your own domains or social handles. Some companies do provide approved banners and creatives, but many require you to submit anything custom for approval. And making a site that looks too much like the company’s official site can get you banned quickly. Termination Terms and Account Access Risks Almost every agreement includes an “at-will” termination clause. This means the company can cut you off at any time, without explanation or warning. For affiliates who’ve invested heavily in content, ads, or SEO around a specific offer, that’s a real business risk. Then there are survival clauses. These spell out which parts of the agreement still apply even after you’re terminated. Things like indemnification, confidentiality, and IP restrictions often survive indefinitely, so don’t assume you’re off the hook just because the partnership ends. Some programs allow appeals if your account gets flagged. Others don’t. Know the reinstatement process ahead of time, just in case. Risk Exposure and Liability Clauses Here’s where things can get dangerous. Most agreements limit the company’s liability, usually to the total commissions they’ve paid you in the last 12 months. That means if a tracking issue wipes out a month of commissions, your recourse is limited, even if it wasn’t your fault. Meanwhile, you may be signing up for much more exposure. Indemnification clauses often require you to cover the company’s legal costs if your marketing causes problems. This could include a false claim that triggers a lawsuit or a privacy violation that leads to a regulatory fine. These liabilities can easily exceed your commissions. There are also geo-restrictions to consider. If the program only allows marketing in certain states or countries, violating those terms, even by mistake, can put you in breach. Modification Rights and Policy Changes Unilateral modification clauses give the company the right to change the rules at any time. That includes commission rates, cookie windows, payout schedules, and acceptable marketing methods. They’re usually not required to get your approval. A dashboard alert or email counts as notice, and if you keep promoting after that, it’s considered acceptance. That’s why it's important to check your affiliate dashboard regularly and avoid relying too heavily on one program. Things can and do change overnight. Tax Status and Reporting Obligations If you're a U.S.-based affiliate, you’re almost always considered an independent contractor. That means you’re responsible for your own taxes, including self-employment tax, quarterly estimated payments, and any state or local business filings. Once you earn $600 or more in a calendar year, you'll get a 1099-NEC. International affiliates may face different rules depending on the country and whether a tax treaty applies. Keep in mind that expenses related to your affiliate activities, like ad spend, hosting fees, software tools, and continuing education, can be deductible. But it’s your responsibility to keep clean records. Disputes and Legal Proceedings Many affiliate agreements include mandatory arbitration clauses. This means if a dispute arises, you can’t sue. You’ll have to go through arbitration, often in the company’s home state. That adds costs, delays, and travel headaches if you’re located elsewhere. There’s usually a choice of law clause too. Most companies pick jurisdictions favorable to them. Delaware, Nevada, and California are common. This governs how the agreement is interpreted and enforced. And if you were thinking of joining a class-action lawsuit over a program-wide issue, think again. Most agreements waive that right entirely, forcing you into one-on-one arbitration. One Final Word of Caution Before you sign, read the definitions section carefully. Terms like “qualified sale” or “prohibited activity” are often packed with conditions and exclusions that can seriously affect your earnings. Don’t gloss over this part. If you're considering a high-volume program or one with aggressive compliance language, it’s worth getting legal eyes on the agreement. This is especially true if indemnification or clawbacks could leave you financially exposed. If you’d like someone to walk you through yours, there are attorneys on Contracts Counsel who can help.
Affiliate Marketing
Influencer Agreement
Texas
Can an influencer agreement be terminated by the brand without cause?
I recently entered into an influencer agreement with a brand, but I have concerns about the termination clause in the contract. The agreement does not specify whether the brand can terminate the contract without cause, and I want to understand my rights and obligations in case the brand decides to terminate the agreement unexpectedly.
Sara S.
Hi, Your rights and obligations in case the brand decides to terminate the agreement "unexpectedly" largely depend on why the brand terminates the agreement, and what exactly the termination clause says.
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Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
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