[loxly]

This is a thread for posting which merchants have already said they will be dropping Colorado affiliates if the current bill passes:

These merchants *will* drop Affiliates:
CrayolaStore
The GUINNESS Webstore
Overstock.com
Hammacher Schlemmer

Dropped Already!
Drs. Foster & Smith - (LS)
Oriental Trading Company - (LS)
Terry's Village - (LS)

Post Merchants, the Network they are on, whether they already dropped or are going to drop, affiliates.

If you have general questions about the Colorado Law, post themhere.

[jgoode]

CrayolaStore
The GUINNESS Webstore
Overstock.com

[nickiatmemolink]

Here is another for the list. We received notification today:

Hammacher Schlemmer

[simcat]

Drs. Foster & Smith is dumping affiliates immediately. Not even waiting for the final vote.

...effective immediately as of February 3rd, 2010.

just checked, all my links are already turned off...

Invalid Publisher Code, Offer, or Publisher - Advertiser Partnership Status

[nickiatmemolink]

Yes, us too, simcat. Urg!

[erninator]

Dumped by Fosters and Smith yesterday. Took down their links and emailed them to let them know how crappy it was to dump affiliates before the bill is even passed. Won't buy my pond and pet supplies there anymore.

Also got the warning from Hammacher Schlemmer.

I'm bummed about being dropped, but glad CO won't be collecting taxes on their sales. Lose-lose situation for all.

[loxly]

This thread has a list of all the merchants that dropped NYS affiliates:

http://forum.abestweb.com/showthread.php?t=105869

There is no reason to believe they *all* won't do the same to Colorado affiliates, unless they already have a nexus in Colorado via a physical location or an office etc.

[jgoode]

I was just dropped by Oriental Trading Company and Terry's Village

[nsusa]

For what reason?

[Saffron]

I was removed from GiftBaskets.com on Linkshare. Haven't rec'd notice from the other Hayneedle stores but I'm assuming I'll receive one from the rest of the stores as well. I guess they haven't bothered to keep up with the issues.

Received this on 02/25/10. Here's what they said:

-----------------------

Valued Affiliate ¿

We regret to inform you that in light of the recent passage of Colorado HB10-1193 Hayneedle has made the decision to terminate our relationship with affiliate partners based in Colorado. This means that effective Sunday, February 28th 2010, you will be removed from our affiliate program and will no longer be able to promote our products. All commissions earned up until February 28th will be paid in full.

We have appreciated your partnership and regret the turn of events that have forced us to take this action. Should this situation be resolved, we look forward to renewing our partnership with you in the future.

The GiftBaskets.com Affiliate Team
affiliatesmanager@hayneedle.com
866-238-5244
@hayneedleaff

-----------------------

[mellie]

Thanks for the update on terminations.

As others have found, you can rebuild and find merchants who will work with you. ( We learned that in NY and in RI & NC from a NC Affiliate http://forum.abestweb.com/showpost.p...46&postcount=7 )

[simcat]

For what reason?

Oriental Trading/Terrys Village (now on GAN) has this in their TOS.

Prohibited States

New York
Rhode Island
North Carolina
Missouri
Colorado

[RemodelingGuy]

Originally Posted by mellie

Thanks for the update on terminations.

As others have found, you can rebuild and find merchants who will work with you. ( We learned that in NY and in RI & NC from a NC Affiliate http://forum.abestweb.com/showpost.p...46&postcount=7 )

I hope this doesn't reach Texas...

That's why you are So Important Mellie...

I've really been enjoying your site and feel it is important to help you in your efforts, BEFORE it gets to my front doorstep.



Scary Stuff. -

[Vinny O'Hare]

Originally Posted by RemodelingGuy

I hope this doesn't reach Texas...

That's why you are So Important Mellie...

I've really been enjoying your site and feel it is important to help you in your efforts, BEFORE it gets to my front doorstep.



Scary Stuff. -

Jimmy it is only a matter of when it comes to your state. Glad to see you are preparing yourself.

[jgoode]

Originally Posted by nsusa

For what reason?

I assuming they haven't bothered to familiarize themselves with the bill that actually passed.


It's frustrating to me that people don't stop to understand the issues they base decisions on...

[mellie]

Originally Posted by RemodelingGuy

I hope this doesn't reach Texas...

That's why you are So Important Mellie...

I've really been enjoying your site and feel it is important to help you in your efforts, BEFORE it gets to my front doorstep.



Scary Stuff. -

Thank you I am glad you recognize the importance of keeping on top of this issue.

I know I say it a lot ,but preparation is the key, a big part of that is just realizing that it can happen in any state at any time. Far better to be ready so that you don't have to storm the capital in a panic. You can email and call with less pressure and if desired you can just go and testify. You can do all of this knowing your business is set up to survive, no matter what happens.

[delsol]

Originally Posted by jgoode

I assuming they haven't bothered to familiarize themselves with the bill that actually passed.


It's frustrating to me that people don't stop to understand the issues they base decisions on...

Dropping their Colorado affiliates will not change a thing. On the other hand looks like some stores are starting to collect sales taxes:

Originally Posted by RedEnvelope

"Affiliate Nexus and Tax Legislation

Colorado recently enacted legislation that requires online retailers to either collect Colorado sales tax or notify Colorado purchasers that they must file a sales or use tax return to the state of Colorado for their purchase. In compliance with this legislation, on March 1 RedEnvelope began collecting sales tax on purchases being shipped to Colorado addresses."

[nsusa]

Ladies and Gentlemen:

I present to you the next merchant dropping Colorado Affiliates:

AMAZON.COM

We and many others strongly opposed this legislation, known as HB 10-1193, but it was enacted anyway. Regrettably, as a result of the new law, we have decided to stop advertising through Associates based in Colorado. We plan to continue to sell to Colorado residents, however, and will advertise through other channels, including through Associates based in other states.

[mellie]

There's mention of this in another thread http://forum.abestweb.com/showthread.php?t=130342

Amazon had indicated that their stance would be to remove Affiliates in any state that passes a nexus/sales tax law they felt was unconstitutional. I expect that there will be a few merchants following. I just hope that they seek their own cousel from a lawyer or accountant. It is not clear whether removing affiliates will remove the need to notify/or collect the sales tax. There is no one on this forum or in other groups that is qualified to interpret the law and determine its impact.

[nsusa]

I think Amazon will take this to court and get it over with once and for all. If they can get it established that Colorado's attempt is unconstitutional, Amazon is safe.

Anyway - there goes 20% of my income and hundreds of hours of work up into smoke - with one single email from Amazon. :-( I just feel like I am collateral damage.

[simcat]

hammacher schlemmer

[simcat]

I noticed CJ took down their "VICTORY In Colorado" announcement on the homepage.

[Bradley.Senkovich]

Originally Posted by loxly

This is a thread for posting which merchants have already said they will be dropping Colorado affiliates if the current bill passes:

These merchants *will* drop Affiliates:
CrayolaStore
The GUINNESS Webstore
Overstock.com
Hammacher Schlemmer

Dropped Already!
Drs. Foster & Smith - (LS)
Oriental Trading Company - (LS)
Terry's Village - (LS)

Post Merchants, the Network they are on, whether they already dropped or are going to drop, affiliates.

If you have general questions about the Colorado Law, post themhere.

Thank you loxly for the updates.

I really do not know why they are blocking affiliates in CO. the bill is aimed at CO's residents... it seems merchants jumped the gun to fire affiliates without reading it. They'd have to stop selling to Colorado completely... (would they do that?)

Here is what i found at the department of revenue

■The retailer is not obligated and does not collect Colorado sales tax;
■The purchase is not exempted merely because it was made over the Internet or other remote means and;
■Colorado requires that the buyer file a use tax return at the end of the year reporting all of the purchases that were not taxed and pay the tax on those purchases;
■The retailer did not collect the Colorado sales tax and is obligated to provide purchaser with an end-of-year summary of purchases to assist the purchaser with filing their tax report;
■Retailers that do not collect Colorado sales tax are required by law to provide the Colorado Department of Revenue with a report of all of a purchaser’s purchases at the end of the year using the Consumer Use Tax Return (DR 0252).

the 4th and 5th bullets should worry retailers. I hope retailers on this list see their errors.

[kokoperry]

Did Overstock ever end up terminating relationships with Colorado affiliates?

[jgoode]

Originally Posted by kokoperry

Did Overstock ever end up terminating relationships with Colorado affiliates?

nope.. they didn't drop us.