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  1. #1
    http and a telephoto
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    Team Loxly Recommending the following to clients:
    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.
    Last edited by loxly; June 3rd, 2008 at 12:29 AM.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  2. #2
    http and a telephoto
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    And, just as a reminder, my clients will not drop NYS affiliates regardless.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  3. #3
    Online Marketing Consultant
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    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?
    Adam Riemer Marketing, LLC. Online Marketing Blog and Affiliate Management Company
    Do you need help with your Marketing or Sales funneling, write me at adamr (at) adamriemer (dot) me

  4. #4
    ABW Ambassador Greg Rice's Avatar
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    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.
    Greg Rice Affiliate Program Management
    www.gocmc.com info(AT)gocmc.com | 330-259-1223

    Join us! - MiNeeds.com | DiscountCandleShop/CheeseSupply | Feng Shui Plaza

  5. #5
    http and a telephoto
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    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.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  6. #6
    Moderator MichaelColey's Avatar
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    In the list of restrictions, I would recommend including the specific things the TSB lists as well: flyers, newsletters, telephone calls or e-mails.
    Michael Coley
    Amazing-Bargains.com
     Affiliate Tips | Merchant Best Practices | Affiliate Friendly? | Couponing | CPA Networks? | ABW Tips | Activating Affiliates
    "Education is the most powerful weapon which you can use to change the world." Nelson Mandela

  7. #7
    http and a telephoto
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    Thanks Michael, I thought offline advertising was included in my initial post. Editing.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  8. #8
    The Seal of Aproval rematt's Avatar
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    Loxly I think you may have transposed merchant and affiliate in a couple of places in the first paragraph.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

  9. #9
    Life is Supposed to be Fun! Rexanne's Avatar
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    Good job Deb!
    Peace,

    Rexanne

    Rexanne.com
    Loving Everyone's Child Creates Magic


  10. #10
    http and a telephoto
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    Quote 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...
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  11. #11
    http and a telephoto
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    Just a reminder to anyone that grabbed the original wording I posted, be sure to use the current version above.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

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