[loxly]

I will be recommending the following clause to be added to the merchants that are affected or may be affected in the following months by the NY Sales Tax ruling. Unless things change, the following should cover my clients:

New York State Affiliates clause:

If Affiliate is based in New York State or has office(s) located within New York State, Merchant will only allow Affiliate to promote Merchant brand(s) and/or web site(s) via Affiliate's web site. Affiliate may not promote Merchant through any other marketing channel, that targets NYS residents, including, but not limited to: paid search marketing, e-mail marketing, offline marketing, (including flyers and physical newsletters), lead generation, mobile marketing or telemarketing.

New York State affiliates CAN use these methods to market their *own website*, as long as the ad copy, email, etc does NOT mention the Merchant directly.

Viator.com is not affected, their product line is not subject to NYS sales tax.

[loxly]

And, just as a reminder, my clients will not drop NYS affiliates regardless.

[Rollerblader]

Deb, would you mind if some of us would use this as well, or at least a variation if our clients would like a clause?

[Greg Rice]

I think this is good and is very similar to what we plan to do for our clients that could be affected by this law.

[loxly]

Feel free, I didn't like the current wording going around that seemed to restrict all forms of the marketing mentioned, it is that marketing done directly to NYS residents that consitutes nexus, not a NYS affiliate that is emailing Texans or ppc'ing with california geotargeted etc. And I am actually going to edit to add a sentence I forgot.

[MichaelColey]

In the list of restrictions, I would recommend including the specific things the TSB lists as well: flyers, newsletters, telephone calls or e-mails.

[loxly]

Thanks Michael, I thought offline advertising was included in my initial post. Editing.

[rematt]

Loxly I think you may have transposed merchant and affiliate in a couple of places in the first paragraph.

-rematt

[Rexanne]

Good job Deb!

[loxly]

Originally Posted by rematt

Loxly I think you may have transposed merchant and affiliate in a couple of places in the first paragraph.

-rematt

thanks rematt... fixed it! glad I posted here before I added it to Team Loxly and in my TOS' Had a migraine for a couple days, things aren't coming out quite the way I intend...

[loxly]

Just a reminder to anyone that grabbed the original wording I posted, be sure to use the current version above.