Can you recruit your competitor's affiliates? What is allowed
Yes, you can usually ask a competitor's affiliate to promote you. Asking is different from knowingly pushing someone to break a contract. The affiliate's agreement may bar them from promoting a rival. Local law may also put you at risk. This is general information, not legal advice. If a real contract or a threat is involved, ask a lawyer.
An affiliate sends buyers to a brand and earns a commission, a cut of each sale. A program is the brand's offer. Its terms are the rules affiliates accept.
This guide covers the rules and manners. For the how-to, read how to find your competitors' affiliates. We make RecruitAffiliates.ai, so it appears at the end. AI helped draft this page, and the team checked each quote against the page it came from.
Is it legal to recruit a competitor's affiliates?
Asking someone to join your program is ordinary competition. What can go wrong is how you ask, and what the person already agreed to with your rival.
We found no blanket rule in the sources we checked that bans the approach itself. That does not make every approach safe. The US Federal Trade Commission (FTC) says "Comparative advertising is legal as long as it is truthful." It also says advertisers need proof before an ad runs (FTC, Advertising FAQs: A Guide for Small Business, checked 26 October 2026). The same page notes that the Lanham Act, a US law, lets companies sue competitors over deceptive ad claims. The lesson is simple: claims that you can prove are fine, and claims that you can't are a risk.
Contract law can create a separate risk for the recruiter. In the US, the elements of intentional interference with contractual relations differ by state. Common elements include knowing about a valid contract and intentionally and unjustifiably inducing a breach that causes damage (Cornell Legal Information Institute, checked 26 October 2026). The UK Supreme Court also describes liability for knowingly procuring a breach (Lifestyle Equities v Ahmed, 15 May 2024). The practical rule is to ask, disclose your offer and stop if the person says their agreement blocks it.
The second risk is the affiliate's contract. A person who joined a rival's program may have agreed not to promote others. That promise binds them, so a "yes" to you could cost them their commissions. It is fair to ask. It is not fair to hide it from them, or to push when they say it is a problem.
Rules differ by country. A contract clause that is valid in one place may not hold in another, and we haven't tested any of them in court.
What do affiliate program terms say about competitors?
They say very different things. We read six public program terms on 26 October 2026 and report only what each page says. Most programs say nothing about the question until you read the full terms, so do read them.
| Program (version on the page) | What it says about promoting a competitor |
|---|---|
| RiskOnyx (no date on the page) | Active affiliates may not refer, promote or resell directly competing AI governance or compliance-register products to the same audience without written approval. General consulting and neutral discussion of the wider market are allowed. |
| BatchService (no date on the page) | Affiliates may not promote competing brands, and BatchService "retains sole discretion" over what counts as a competitor. If it finds one, it can withhold outstanding payments and cancel future ones. The same page calls the agreement non-exclusive. |
| CodeWeavers, 2026 Affiliate Contract (effective date blank) | Affiliates won't simultaneously promote a "Competitive Product" without prior written consent. "Independent editorial reviews or comparisons" are not restricted, if affiliate links are clearly disclosed. |
| Keyword Insights (updated 25 November 2025) | Affiliates may not "own, operate, promote, represent, or be affiliated with" a software product that competes directly. Standalone services such as consulting are not counted. A breach can mean termination and unpaid commissions withheld. |
| Rewardful affiliate terms (updated 28 August 2025) | The promotion license is non-exclusive. We found no clause barring a rival's program. Bidding on its brand name in paid search needs prior approval, and false claims or misleading links can end the account. |
| NinjaOne affiliate terms (no date on the page) | The license is non-exclusive. The page does not mention competitors. |
Four of the six bar promoting a rival in some form. Two do not. These six were picked because they were public and readable, so they are not a sample of all programs. The word "non-exclusive" doesn't settle it either: BatchService calls its agreement non-exclusive and still bars rivals. Read the competitor clause itself.
Two things stand out. First, a ban may be narrower than it first sounds. RiskOnyx limits its clause to directly competing products promoted to the same audience and leaves room for general consulting. Second, the company may decide what counts as a rival. BatchService says so in its own words, and Keyword Insights says "at our sole discretion."
What do affiliate networks say?
If your rival's program runs on a network, the network has its own terms, and the rival adds its own on top.
We searched the August 2025 PDF linked from Awin's Publisher Terms page for "exclusive" and "compet". We found no clause that stops a publisher promoting several advertisers (Awin Publisher Terms, checked 26 October 2026). The PDF says advertisers can set their own "Programme Terms" and change them at their discretion (clause 4.2). So the rival's own rules still count.
Awin's Publisher Code of Conduct has one exclusivity rule. Publishers must tell Awin, with proof, about any exclusivity deal with an advertiser on specific terms, including branding, in paid search (Awin Publisher Code of Conduct, checked 26 October 2026). It also says "Publishers do not mislead consumers in their advertising activities." Penalties run from warnings and forfeited commissions up to account suspension and network bans.
We read only Awin's pages. Other networks may differ, so read the one your rival uses.
How do you check whether an affiliate is free to join you?
You can't see their contract, so you do two things.
- Read the rival's public terms. Look for words like "compete," "competing," "exclusive," "conflict" and "after termination." Note the date on the page.
- Ask the affiliate. A short line does it: "If you have an agreement that stops you promoting other brands, tell me and I'll back off."
Paid creator deals are different from open affiliate programs. Modash describes two kinds of exclusivity in them. With full exclusivity, a creator posts affiliate content for no other brand for a set time. With category exclusivity, they skip the same niche (Modash, checked 26 October 2026).
Some people work with several brands. A creator who writes about ten products is unlikely to be bound to one. An affiliate who has promoted one brand for years may be. Treat that as a reason to be gentle, not a reason to skip them. You can also start with the people who aren't on that rival's program at all. Our guide on finding competitors' affiliates shows how to spot the difference between a tracked link and a plain mention.
What should you not do when recruiting a competitor's affiliates?
Five habits can turn a fair pitch into a problem.
- Don't say anything false about the rival. No made-up complaints, no "they're shutting down," no invented payout delays. If you can't show it, don't write it. The FTC page above says advertisers need proof before an ad runs.
- Don't hide the offer's weak points. If your cookie is shorter or your commission is lower, say so or leave the topic out. Don't overstate what affiliates earn. Give your real rate and your real payout schedule.
- Don't use private information. If you hold the rival's affiliate list from a former employee or a shared dashboard, don't use it. Find people from public pages only.
- Don't push someone to break their contract. If they say they can't, stop. Don't offer to "keep it quiet."
- Don't ask them to hide the link. Affiliates should say they earn money from links. The FTC says a "material connection" to a brand includes "a financial relationship," and a commission is one, so the link must be disclosed (FTC, Disclosures 101 for Social Media Influencers, checked 26 October 2026). Put it in your terms. Our affiliate disclosure examples have lines you can hand out.
Rewardful's terms show the same test from the other side. They list "false claim(s), misleading hyperlinks" as grounds for suspension and bar "false, misleading, or disparaging statements" about Rewardful. Those rules bind its affiliates. A good pitch would pass them too.
How do you write a respectful message?
Keep it short and honest, and make it easy to decline. Name one real thing you liked, say who you are, state your offer in plain numbers, and make saying no easy. Our affiliate recruitment email guide has more examples.
Subject: Your review of [category] tools
Hi [first name],
I read your [post title] from [month]. The part about [one specific point] matched what our customers ask us.
I run [your brand]. We pay [rate] on each sale, with a [cookie length] cookie, paid every [schedule]. Here is the sign-up page: [link].
You may already have an agreement with another brand that limits who you can promote. If so, tell me and I'll leave it there. No hard feelings.
[Your name]
Notice what's missing. It doesn't name the rival, it doesn't run them down and it doesn't push. If the person is happy with their current deal, they will say so. If they want a better one, they will ask.
Where RecruitAffiliates.ai fits
RecruitAffiliates.ai finds the people and sends the first email. It does not read anyone's contract, and it can't tell you what a rival's terms allow.
You enter your website. It finds the people already covering shops like yours: blogs, review sites, newsletters, podcasts, YouTube channels, and Instagram and TikTok creators. Each one comes with the page that shows it, so you can judge the fit. It looks for each person's email and checks what it finds, so you get a verified email. AI drafts a personal first email. You approve it, and it sends from your own inbox. Replies land in that inbox.
A campaign is four emails in one thread. A new mailbox sends 5 first emails a day in week one, building to 30 at most. Launch is $79 a month for one brand, with a 7-day free trial and no card.
Frequently asked questions
Can you recruit your competitor's affiliates?
Usually yes. We found no blanket ban on asking. Asking is different from knowingly inducing a contract breach, which can create legal risk. Four of the six program terms we read on 26 October 2026 bar promoting a rival. Be honest, make no false claims, and accept a "no."
Is it legal to poach a competitor's affiliates?
This isn't legal advice. The FTC says comparative advertising is legal if it is truthful, and that advertisers need proof first. Risk comes from false claims about the rival, use of private information, or pushing someone to break a contract.
What do affiliate program terms say about competitors?
It varies. RiskOnyx bars active affiliates from promoting directly competing products to the same audience without approval. CodeWeavers allows independent reviews with clear disclosure. Rewardful and NinjaOne call their licenses non-exclusive. Read the specific terms, with their date.
Should you name the competitor in your message?
No need. You can say you saw their writing about the category. Naming a rival's program in a pitch adds nothing, and it can look like pressure. If you compare, use facts you can prove.
What if the affiliate says they can't?
Thank them and stop. Ask whether they would like to hear from you if that changes. Don't ask for their agreement or press for a workaround.
Sources
Checked on 26 October 2026 unless a date says otherwise.
- RiskOnyx affiliate terms
- BatchService affiliate agreement
- CodeWeavers affiliate contract
- Keyword Insights affiliate program terms, updated 25 November 2025
- Rewardful affiliate program terms, updated 28 August 2025
- NinjaOne affiliate program terms
- Awin Publisher Terms, linking to the August 2025 PDF, and Awin Publisher Code of Conduct
- FTC, Advertising FAQs: A Guide for Small Business and Disclosures 101 for Social Media Influencers
- Cornell Legal Information Institute, intentional interference with contractual relations and UK Supreme Court, Lifestyle Equities v Ahmed
- Modash, how to find competitors' affiliates, on exclusivity types in paid creator deals
- RecruitAffiliates.ai credits docs