[Kevin]

We wanted to start a new thread for this, with supporting documentation. In order for a merchant to be added to this list, a portion of the email stating clearly that the NY tax legislation was specifcally the reason for termination must be included. Thanks.

The List
4Checks (Shareasale) temporarily deactivating NY affiliates on June 1 click for details
Acorn Media (Linkshare)
Amerimark (Linkshare)
Baby Universe (Linkshare)
Backcountry.com (CJ, Avantlink)
Binoculars.com (CJ)
Bodybuilding.com (CJ)
Brecks (Performics)
CafePress (CJ)
CCVideo (Linkshare)
Celebrate Express (Shareasale)
Checks In The Mail (CJ)
Checks Unlimited (Shareasale)
Collectors' Choice Music (Affiliate Future)
Compact Appliance (CJ)
CSN Stores (Shareasale)
Deep Discount (Affiliate Future)
DVD Planet (CJ)
Eastwood Company (CJ)
eToys (Linkshare)
Fingerhut (Linkshare)
FirstStreet
Footsmart (CJ, Performics)
Gaiam.com (Linkshare)
Garden's Alive (Performics)
Geeks.com (CJ)
Gurneys (Performics)
Henry Fields (Performics)
Home Shopping Network (CJ)
Jewelry Television (CJ)
J&P Cycles (CJ)
Justflowers (CJ)
Karmaloop (Linkshare)
KB Toys (Linkshare)
LampsPlus (Linkshare)
Leaps And Bounds (Performics)
LinenSource (Linkshare)
Luggage.com (Shareasale)
Michigan Bulb (Performics)
Musicians Friend (CJ)
MyTwinn (Linkshare)
NetShops
Northern Tool (CJ)
One Step Ahead (Performics)
OnlineShoes.com (Linkshare)
Oriental Trading (Linkshare)
Overstock (Linkshare)
Palo Alto Software (Independent)
Red Envelope (Performics)
ReStock It (CJ, Shareasale)
Ritz Camera (CJ)
ShopNBC (Linkshare)
ShoppersChoice (CJ)
Silhouettes (CJ)
Spilsbury (Affiliate Future)
Spring Hill (Performics)
Thompson Cigars (Linkshare)
Tirerack (CJ)
uBid.com (CJ)
US Toy Co (Google Performics)

[TJ]

#1 Geeks.com

Dear Geeks.com Affiliate:

As you may be aware, the State of New York recently enacted legislation (Chapter 57 of the Laws of 2008) amending New York Tax Law in an attempt to force certain Internet retailers to collect sales tax on all sales to residents of the State of New York. This new legislation attempts to define any seller that enters into an agreement with a resident of New York to refer customers to the seller (e.g. an affiliate) as a “vendor” under New York law and require the seller to collect New York state sales tax on ALL sales to the state of New York. This takes affect June 1, 2008.

Geeks.com has no sales tax nexus in any state except California, the location of our corporate offices. Unfortunately, due to the State of New York’s decision and the new legislation, we now believe it’s prudent to temporarily discontinue our existing relationships with our current affiliates in the State of New York while the constitutionality of this new legislation is being challenged in the Courts.

Based on these events, Geeks.com reluctantly exercises its right under section 6(b) of the Commission Junction Publisher Service Agreement (http://www.cj.com/psa.html) to terminate our affiliate agreement with you effective May 31, 2008. Any commissions based on sales through May 2008 will be paid around June 20, 2008. Any commissions earned after May 31, 2008 by the State of New York based publishers, will be reversed. Publishers residing in the State of New York may not re-join the Geeks.com affiliate program.

We apologize for any inconvenience this may cause as we are deeply aware of your contribution and loyalty to Geeks.com during your participation in our affiliate program. We truly regret being forced to take this unfortunate action and we remain hopeful that we can renew our relationship in the future should the courts resolve these issues favorably.


Sincerely,

[TJ]

#2 Musicians Friend (But not NY)

We regret to inform you that we have decided to terminate our relationship with you for the Musician’s Friend program on Commission Junction due to the new law enacted in New York (http://www.tax.state.ny.us/pdf/memos/sales/m08_3s.pdf). Currently, we do not have tax nexus with New York, but in light of the provisions of the new law we believe it is appropriate to discontinue our relationship with New York based affiliates, at least temporarily, while the constitutionality of the new law is being resolved.



Due to this new law, we will be officially terminating our relationship with you as of 5/30/08. All orders through 5/31/08 will be paid out to you, but none after that date will be honored. Should these circumstances change, we will promptly extend you a new invitation into the Musician’s Friend program.



In the meantime, we have been authorized by GuitarCenter.com to extend you an offer to join the GuitarCenter.com program, with the opportunity to earn double commissions for your first 30 days. If you are already a member of the GuitarCenter.com program with Commission Junction, then we will be extending the double commissions offer to you on June 1st.



https://members.cj.com/member/publi...tiserid=1834595



We regret being put in this position by the New York legislature and hope we will be able to renew our relationship soon.

[TJ]

#3 Eastwood

I would like to thank you for participating in Eastwood’s affiliate program and for your efforts in promoting The Eastwood Company. We have enjoyed the opportunity of working with each of our affiliates. Unfortunately, due to the New York State sales tax law, we have decided it is in our best interests to remove all New York State affiliates from our program. This was a tough business decision that we made after careful evaluation and interpretation of the law.


We appreciate your understanding in this matter.

[rematt]

We apologize for any inconvenience this may cause as we are deeply aware of your contribution and loyalty to Geeks.com during your participation in our affiliate program. We truly regret being forced to take this unfortunate action and we remain hopeful that we can renew our relationship in the future should the courts resolve these issues favorably.

We regret being put in this position by the New York legislature and hope we will be able to renew our relationship soon.

Why on earth do these merchants (or any of the others for that matter) think that anyone would want to rejoin their programs? They talk about loyalty and then show absolutely none to their NY affiliates.

I'm not in NY and I wouldn't touch these merchants with a ten foot, rubber tipped, galvanized pole.

-rematt

[Rollerblader]

Kevin, what about making this a 2 column chart, the first column is the programs removing NY Affiliates, the second column will be a list of programs that make a nice substitute for those programs, deemed by you and other NY affiliates as good substitutes, also, maybe make it so that OPMs and AMs cannot make the suggestions so this thread is not spammed.

[Trust]

That's probably better for another thread, it would get kind of messy in one post/thread.

[Kevin]

I meant to split more of this out, but I lost my internet connection when I started... Will have to see what's worth doing now.

At the same time, the list as we have it up as of now is accurate. Anything else added will need the email quip.

[janet21]

Checks in the Mail (CJ)

Dear *** ****, I must regretfully inform you that due to the new New York State tax law we are no longer able to work with any New York affiliates at this time. This is an unfortunate decision that many companies have been forced to make. For your convenience, we have provided a link to a memo from the New York State Department of Taxation and Finance, Office of Tax Policy Analysis, Taxpayer Guidance Division that addresses this new legislation: http://www.tax.state.ny.us/pdf/memos/sales/m08_3s.pdf We appreciate everything you have done for Checksinthemail.com and hope that we will have the opportunity to work with you again in the future. The Checksinthemail affiliate team xxxxxxxxx@cj.com

[purplebear]

This is kinda different I think from what most of you have been saying. I don't live in New York but seems from their email, they don't know that and are telling me that by continuing to participate in their program means I'm stating that I don't live in New York. So, they weren't actually telling me I was terminated.....only that if I did live in New York I would be. Was a lot longer but here's the part that refers to it: (umm bettter brace your eyes since I copied and pasted it......from past experience the words may be gigantic)

Therefore, if you are a New York State resident, your participation in the Affiliate Network is hereby immediately terminated and you must immediately cease and desist from any referrals of sales to CCVIDEO.COM and remove any links to all websites operated by Infinity Resources, Inc. and its subsidiaries, including without limitation Infinity Consumer Entertainment, Inc. dba CCVIDEO.COM, from your website. [The change in the law does not require CCVIDEO.COM to cease doing business with or through affiliates who simply advertise CCVIDEO.COM's products without compensation or who are paid a fixed amount on a "per click-thru" basis ("Affiliate Exemption").]

[Kevin]

At least they didn't mince words.... sheesh.

[MichaelColey]

Originally Posted by purplebear

Therefore, if you are a New York State resident, your participation in the Affiliate Network is hereby immediately terminated and you must immediately cease and desist from any referrals of sales to CCVIDEO.COM and remove any links to all websites operated by Infinity Resources, Inc. and its subsidiaries, including without limitation Infinity Consumer Entertainment, Inc. dba CCVIDEO.COM, from your website. [The change in the law does not require CCVIDEO.COM to cease doing business with or through affiliates who simply advertise CCVIDEO.COM's products without compensation or who are paid a fixed amount on a "per click-thru" basis ("Affiliate Exemption").]

I just got an identical email from DeepDiscount.com.

[mellie]

LampsPlus (dated 23 of May)

After much deliberation on the issue, LAMPS PLUS management has decided to expire all New York-based affiliates effective today, since our deadline for New York state tax law compliance is rapidly approaching. This was an EXTREMELY difficult decision and we are hoping that this will be a temporary situation while we gather more information about the New York Sale Tax law and its implications. At present we still have a lot of questions about how we can continue to work with truly valued New York-based affiliates, which we hope to have answered in the coming weeks. I hope you understand why LAMPS PLUS feels the need to do this at the present time. Again, we are really hoping to get you back in our program ASAP and hope that you can bear with us while we vet this out.

Sincerely,

The LAMPS PLUS Affiliate Team

[buy-tees]

DVD Planet just dropped NY Affiliates.

PLANET ENTERTAINMENT, INC. DBA DVDPLANET.COM

POLICY PROHIBITING THE USE OF NEW YORK AFFILIATES
May 27, 2008

Due to recent changes in New York law relating to the collection of sales tax, Planet Entertainment, Inc. dba DVDPlanet.com will no longer offer its products for sale through affiliates or other representatives (the “Affiliate Network”) that are residents of New York State and that are paid a commission on such sales. Accordingly, DVDPlanet.com is hereby immediately terminating all participation in the Affiliate Network by all affiliates that are New York State residents through all performance marketing networks. A New York State resident is (a) any individual who maintains a permanent place of abode in New York State and (b) any corporation incorporated under the laws of New York and (c) any corporation, association, partnership or other entity doing business or maintaining a place of business in New York State. (See New York Sales and use Tax Regulations Section 526.15, 10 NYCRR §526.15.)

[spacedog]

You can add Jewelry Television (a Commission Junction merchant) to this list:

[...] Regarding the expiration, you may have heard recently of the "Amazon Tax" legislation in New York. This situation has caused Jewelry Television to expire all of their New York publishers. Unfortunately, as you are located in New York, this decision caused your expiration. This decision was solely and directly related to this legislation and is not a reflection of any compliance violations or dissatisfaction with your performance.

[...]

... your support for the Jewelry Television program has been tremendously valuable, but at this time Jewelry
Television is forced to protect itself by discontinuing its
relationship with all New York based publishers.

Again, I'm sorry for the inconvenience.

[...]

I should note that it was on May 22 that CJ sent me this generic "Affiliation Terminated" notice (not by regular email; only by CJ internal email):

Dear xxxx xxxx,

We regret to inform you that the Commission Junction advertiser Jewelry Television has chosen to expire its affiliation with you effective 29-May-2008.

If you would like to locate another advertiser in the network to partner with, login to your Account Manager ([URL removed]) and visit the Get Links tab.

Best Regards,

Client Services
Commission Junction

I never received any other correspondence about this from Jewelry Television itself, nor any explanation of why I was being terminated. It was only after I sent email to Jewelry Television's CJ account representative asking what was going on, that I received the first quoted message in this post (it was from the CJ rep, not from anyone at Jewelry Television). So there has been no official correspondence that I know of to NY State affiliates with an explanation of the reasons behind the termination of partnership with Jewelry Television. Just that generic CJ internal email quoted above with the subject "Affiliation Terminated".

[mellie]

Add Oriental Trading. Although they have ignored my emails I have found this right on their website.


From the Oriental Trading Website :

Special rules and regulations -
Residents of the state of New York (including persons or businesses with a location in New York, incorporated or organized under the laws of New York, or doing business in New York) are not eligible to be Oriental Trading Company affiliates

[Trust]

Couple from Affiliate Future and updated the list.

COLLECTORS' CHOICE MUSIC, INC. (CCMUSIC.COM)
POLICY PROHIBITING THE USE OF NEW YORK AFFILIATES

May 27, 2008

Due to recent changes in New York law relating to the collection of sales tax, Collectors' Choice Music, Inc. (CCMUSIC.COM) will no longer offer its products for sale through affiliates or other representatives (the "Affiliate Network") that are residents of New York State and that are paid a commission on such sales. Accordingly, CCMUSIC.COM is hereby immediately terminating all participation in the Affiliate Network by all affiliates that are New York State residents through all performance marketing networks. A New York State resident is (a) any individual who maintains a permanent place of abode in New York State and (b) any corporation incorporated under the laws of New York and (c) any corporation, association, partnership or other entity doing business or maintaining a place of business in New York State. (See New York Sales and use Tax Regulations Section 526.15, 10 NYCRR §526.15.)


IRI HOLDINGS, INC. DBA SPILSBURY.COM
POLICY PROHIBITING THE USE OF NEW YORK AFFILIATES

May 27, 2008

Due to recent changes in New York law relating to the collection of sales tax, IRI Holdings, Inc. dba Spilsbury.com will no longer offer its products for sale through affiliates or other representatives (the "Affiliate Network") that are residents of New York State and that are paid a commission on such sales. Accordingly, Spilsbury.com is hereby immediately terminating all participation in the Affiliate Network by all affiliates that are New York State residents through all performance marketing networks. A New York State resident is (a) any individual who maintains a permanent place of abode in New York State and (b) any corporation incorporated under the laws of New York and (c) any corporation, association, partnership or other entity doing business or maintaining a place of business in New York State. (See New York Sales and use Tax Regulations Section 526.15, 10 NYCRR §526.15.)

[mellie]

You missed adding OrientalTrading to the list. The quote I posted is straight from their website. Their termination emails cited section 5.2 and I requested clarification; but the above is on their site.

[TJ]

and uBid.com

Sadly, due to the recent law regarding New York tax nexus we will no longer be able to support affiliates from New York State.

Notifications of expiration are being sent, and New York affiliates will no longer be allowed within the program as of June 1st.

We apologize for the delay in our decision but every option was discussed in attempts to continue our affiliate relationships. Unfortunately, it is not in our best interest to collect taxes in New York at this time but we will continue to review this going forward and are watching intently on the pending litigation.

Regretfully,

The uBid.com Affiliate Team

[Packy]

It looks like Eluxury (Linkshare) can be added to the list. Nothing in their email about New Yorkers but their site now says.

U.S. Web sites only, we cannot accept international affiliates at this time.

eLUXURY does not accept New York-based affliates at this time.

I also received an email from Pajama Gram but can't find anything about New York. Both emails came at the same time though. Same owners????

[Vinny O'Hare]

Add Netshops to the list

Just got the email
NetShops has
decided to indefinitely discontinue its affiliate program in New York

[Packy]

Etoys can be added to the list also;

Dear Affiliate:

As many of you may be aware, the State of New York recently enacted legislation amending New York Tax Law in an attempt to force certain sellers to collect state tax on all sales to residents of the State of New York.

Unfortunately, due to the State of New York¿s new legislation, we¿re temporarily discontinuing our current relationships with our New York affiliates.

Accordingly, eToys will be terminating our affiliate agreement, effective immediately. However, any commissions due, prior to the termination will still be paid in full as part of your May Invoice.

We regret that eToys has been put in this position and look forward to renewing our relationship in the future, should the situation be resolved.

[TJ]

and Binoculars.com

In light of recent developments with the New York tax law related to internet sales, Binoculars.com has decided to indefinitely discontinue its affiliate program in New York. This email shall serve as written notice to you that we are terminating your Affiliate Operating Agreement as of May 31, 2008. We appreciate the effort that you have put into our affiliate program and hope that we can renew our relationship at some later date. Commissions will be paid on sales made through May 31st and we will stop tracking sales on June 1st.

[sarcasm]Nice of these merchants to provide such advance notice[/sarcasm]

[TJ]

and kbtoys.com

As many of you may be aware, the State of New York recently enacted legislation amending New York Tax Law in an attempt to force certain sellers to collect state tax on all sales to residents of the State of New York.

Unfortunately, due to the State of New York¿s new legislation, we¿re temporarily discontinuing our current relationships with our New York affiliates.

Accordingly, KBtoys.com will be terminating our affiliate agreement, effective immediately. However, any commissions due, prior to the termination will still be paid in full as part of your May Invoice.

We regret that KBtoys.com has been put in this position and look forward to renewing our relationship in the future, should the situation be resolved.

Sincerely,

[mellie]

MyTwinn

d. You do not (and will not) operate from, reside in, actively solicit sales, or otherwise perform any action or activity in the State of New York (or any other state) that would create sales and/or use tax obligations for us in any state that is not listed on our Web Site