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  1. #1
    Advocate mellie's Avatar
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    What NY Affiliates Are Doing?
    Curious as to what other NY'ers are thinking about doing.

    I met with my accountants yesterday and they really did not have any great news regarding the current situation with regards to tax on internet sales. They are of the opinion that incorporating in another state to try and stay with merchants who are dropping NY'ers might have some extreme complications and open affiliates up to some legal issues (though they are going to run things by their attorney) So of course I am thinking of what to in the event that other shortsighted merchants follow Overstock's move.

    Since merchants are not stepping forward and announcing that they will, like Amazon, comply while this is sorted out in courts we are in limbo. I've got some decisions to make. I have to replace some links already. I also need to update other pages. Of course Amazon remains an option to replace some merchants, as are any of the larger companies that already collect the tax because they have a real physical presence in NY. It is unfortunate that as near as I can tell, my best performing merchants do not fit in that category of having a store here, so if they don't charge tax and opt to drop NY'er's we're screwed. I am also guessing that adsense will also fit on many content pages to help trickle in some money.

    My accountant suggested contacting some of my favorite smaller merchants and trying to make a deal for selling them "ad space" on a monthly or whatever basis.

    The other alternative is to sell off some sites, which I am seriously considering at this point.

    Any one have any other ideas? I wish merchants would let us know either way as June first is less than 2 weeks away. But, it's going to be a long week and a half!

    We are due to move out of state next year and I really wish I could speed that up.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  2. #2
    Best New ABW Member 2007 sfcom's Avatar
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    I thought everyone was moving to my house in PA and we were going to set up a little tent city in the backyard. [FIOS is coming to the neighborhood soon ;-)]

    -sfcom


  3. #3
    Troll Killer and best Snooper!
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    Rhea's Avatar
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    Massachusetts is about fifteen miles from my house. I've wondered if I could open an office in MA and operate the business from there. But I have not run this idea past a lawyer so I'm clueless as to whether it might work.

  4. #4
    Prince of Content Vinny O'Hare's Avatar
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    Mellie I am not worried about this whole issue at all. To me it doesn't exist at all. (yes I said that) There is no way they can enforce it, Let the networks worry about it.

    As for overstock - I think what they are doing is invading my rights by NOT letting me join their affiliate program based on where I live. If anyone should be suing someone it should be us NY affiliates against overstock.
    Vinny O'Hare - OPM - Contact Info email: vinny at teamloxly.com ~ 702-582-6742 Twitter

  5. #5
    ABW Ambassador Snib's Avatar
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    Could just replace your links with PPC links from Shopzilla or Shopping.com. They've pretty much got all the same product links for most merchants.

    - Scott
    Hatred stirs up strife, But love covers all transgressions.

  6. #6
    Advocate mellie's Avatar
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    Not sure about it Rhea, I'll try & get my accountants to run that by the lawyers too.

    Nyfalcon, I was pretty ok until my accountants talked to me lol. It would be nice if we did have a cause against Overstock but I guess they have a right to use whatever criteria they want. Overstock was never a great producer for me so it's not the loss of income from them that bothers me, it is their actions towards us.

    Think I am just a bit depressed about a few things.

    My wish is that all the big wigs at Overstock get audited on a personal level.
    Melanie
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  7. #7
    Advocate mellie's Avatar
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    Thanks Scott, I'll look into that option.


    sfcom, Instead of a tent, can I put a trailer in your backyard til I find a house?
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  8. #8
    Prince of Content Vinny O'Hare's Avatar
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    I agree Mellie it stinks but I wont be losing sleep over it. There are plenty of other merchants that we can sell simliar stuff for and The Big O wont make a dime.
    Vinny O'Hare - OPM - Contact Info email: vinny at teamloxly.com ~ 702-582-6742 Twitter

  9. #9
    Best New ABW Member 2007 sfcom's Avatar
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    Quote Originally Posted by mellie
    sfcom, Instead of a tent, can I put a trailer in your backyard til I find a house?
    Depends how big. But, I do have a finished basement w/ private bath. Maybe I can turn the garage into finished living space for you too. Seriously though, if you are ever in the Pittsburgh area look me up.

    I wish you (and all affiliates in NY) a speedy resolution to this insane legislation.

    -sfcom


  10. #10
    ABW Ambassador ladidah's Avatar
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    Rhea, you must be close to the Berkshires?

    Get a p.o.box in MA and open an acct at a MA bank perhaps?

  11. #11
    Troll Killer and best Snooper!
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    Rhea's Avatar
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    Yep, Ladidah, we live in the foothills of the western side of the Berkshire Mountains except in NY we call them the Taconic Mountains.

    I'm not panicking. I work with a small number of merchants and so far none of them has informed me that I'm being dropped because I live in NY. So I'm taking a wait-and-see approach. But if one of my top merchants was to drop me I might consider setting up shop in MA. It wouldn't be much fun to commute through the mountains in the winter but -- hopefully it won't be necessary.

    Hey, I wonder what would happen if a resident of California purchased a product online while humming "Georgia On My Mind" and watching a baseball game between the Boston Red Sox and the New York Yankees, simultaneously eating a Philly Cheese Steak and some French fries!!!

  12. #12
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by nyfalcon
    Mellie I am not worried about this whole issue at all.
    I agree with nyfalcon.
    If an entire domino effect happened (with a multitude of merchants rejecting me as Overstock did) then I'd worry.
    ~Rhia7 -- Remember the 7
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  13. #13
    ABW Ambassador flamingoworld's Avatar
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    Couldn't you find an out of state friend you trust, put the site and accounts in their name?

  14. #14
    Best New ABW Member 2007 sfcom's Avatar
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    Quote Originally Posted by flamingoworld
    Couldn't you find an out of state friend you trust, put the site and accounts in their name?
    I think the problem then becomes a state/federal income tax issue. Whoever is listed as the owner of the CJ, LS, etc account gets a 1099. I don't see there being many good friends that would want to take on the additional tax liability, even for a fee. I could be wrong though.

    -sfcom


  15. #15
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    Yo Rhea, I had no idea you were another Taconicer. And one who knows that our mountains are NOT the Berkshires.

    I'm a summer buddy in the area. How far from Bashbish?

  16. #16
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    Right now we are hoping to stay in long enough to pay some debts we still have (ironically mostly income tax). We also are looking to incorporate in another state but even if it proves legal still expensive. We are in the same boat as far as our best merchants not having any nexus in NY. You sure are right - it's going to be a very long week!

  17. #17
    notary sojac Herb ԿԬ's Avatar
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    Lightbulb
    I can't see incorporating at all: it almost makes another living person who is very difficult to get rid of later on, if necessary.

    Merchants who dump me stay dumped, unless if this is resolved in our favor and they realize they screwed up and do more than apologize and beg us back.

  18. #18
    Troll Killer and best Snooper!
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    Rhea's Avatar
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    How far from Bashbish?
    We're closer to the NY/MA/VT borders than the NY/MA/CT borders.

  19. #19
    Advocate mellie's Avatar
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    Sold 1 small site to a merchant.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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