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  1. #1
    Advocate mellie's Avatar
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    Questions & Issues for NY Meeting
    As I mentioned in our announcement we are beginning to work on agenda for the NY affiliate meeting to be held on July 28. Please use this thread to post any questions or issues you would like to see addressed at the meeting. Also post any suggestions or ideas you have. If you would rather not post in public, feel free to contact Kevin, Rhea or me directly.

    The more that participate the better and more productive this will be. No question or idea is too small or too big. No one is too new or too seasoned (sounds better than old) to participate.

    We will of course have time during the meeting to ask and address other questions that will arise. We just want to organize and structure a the agenda a bit before hand.

    And don't forget to RSVP!
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  2. #2
    Advocate mellie's Avatar
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    Three things I would like to see addressed is -

    We really need to understand the law better and how can we help explain it to merchants you send (or have sent) letters of termination.

    How should we handle terminations that are still coming in?

    How will we handle it if merchants decide to open programs back up to us?
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  3. #3
    notary sojac Herb ԿԬ's Avatar
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    some merchants have specified a certain pattern of affiliate behavior that would allow us to continue as their affiliates.

    does it satisfy New York State and would it allow us theoretically to regain our affiliate status with the merchants who have dropped us?

  4. #4
    Outsourced Program Manager Chris -  AMWSO's Avatar
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    Melanie,

    I'll be sending a PM to you. Please drop me a reply via PM or email

    Tks

    Chris
    Affiliate Marketing by AMWSO. Skype - chrissanderson ::: TEL 1-720-336-1784 ::: www.amwso.net
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  5. #5
    http and a telephoto
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    As suggested by Herb, NYS has defined what affiliate activity constitutes nexus and what does not, is that written in stone or is it fluid and NYS can change it's definitions (which aren't exactly clear to begin with) on the fly to make more merchants need to collect tax?
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  6. #6
    Advocate mellie's Avatar
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    Received & replied Chris
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  7. #7
    Outsourced Program Manager Chris -  AMWSO's Avatar
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    Tks

  8. #8
    Advocate mellie's Avatar
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    Bumping up so everyone can add any new questions or topics for upcoming meeting.
    I am also collecting the questions from other threads but feel free to add your questions here.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  9. #9
    Outsourced Program Manager e-Gazer's Avatar
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    Whether or not international merchants are affected by this law (I believe they are) and how (i.e. if/how US government has right to audit international companies with affiliates in NY who ship goods to NY customers).

  10. #10
    Outsourced Program Manager e-Gazer's Avatar
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    Also - I'd like to discuss what we as a group can do to challenge this legislation further and whether or not it would be of more benefit to just aim for nationalization of this new tax law (as discussed in another thread) as opposed to fighting legislation in NY while other states begin adopting the same laws and then have to repeat the fight, state by state. So basically, Pros/Cons of each, and options for handling these issues.

    I think that all goes without saying but didn't see it in this list so thought I'd just throw it in there.

    Would also like to discuss/see whether any of the suggestions brought forth in discussions amongst us to date for working within the gray (i.e. Haiko's and any others) are feasible/do-able from a legal standpoint or if there is perhaps another solution and if so, what.

  11. #11
    ABW Ambassador Packy's Avatar
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    One question that I have and I don't know whether it's come up or not is what about a loophole where the web hosting isn't in NYS. My server is out of Texas I believe which in reality makes all of my websites based out of Texas. All my adds are coming from Texas! Am I fishing a little too much??? Just a thought

  12. #12
    Affiliate Network Rep Kim Salvino's Avatar
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    I would like the issue of 2nd Tier affiliates to be discussed. If the affiliate is based in New York, but referred another affiliate not based in NY, in our program, he is due 2nd tier sales. He isn't promoting our products due to this law, but how can I pay him for the 2nd tier sales, since it is still considered "performance based?" Or is it?

    Also, as Liz stated, I would like us to be able to discuss the options we have to determine what, if any, are viable according to the law. Also, what is the appropriate legal verbiage for T&C's depending on what solution is deemed viable?
    Kim Salvino, Client Services Director, Performance Horizon Group
    Reach me at kim.salvino(at)performancehorizon.com or on (443) 617-4036

  13. #13
    Analytics Dude Kevin's Avatar
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    Ah, excellent question that I hadn't added, and amazing that I didn't think of it, considering I was personally affected. 2nd tier added to the list.
    Kevin Webster
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    Kayak Fishing
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  14. #14
    Advocate mellie's Avatar
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    Thanks for the posts. I am keeping a list of all the questions and suggestions and add on as everyone posts. Haiko's suggestion and the final ideas that resulted in are on the list. Some questions/ideas are being submitted to the lawyer ahead of time so he has time to research if needed.

    I do believe NY has said they don't care where the site's hosting is (for now) they care about where the affiliate resides. We'll confirm this at the meeting.

    Keep posting all ideas and questions, they are all helpful in finding a workable solution.

    We'll also have time to ask more at the meeting if they arise and I am sure they will.

    If anyone has something they wish to have added anonymously, just send it to me or Kevin via pm (or if you don't have pm privleges and want to be anonymous visit my link and post it there).
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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