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  1. #1
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    (Mods if this is the wrong place or has already been discussed, please feel free to move or delete.)

    October 17, 2003
    Is California Killing Affiliate Marketing?
    By Zachary Rodgers

    "As e-mail marketers scramble to understand California's new spam law and prepare for its taking effect on January 1, affiliate marketers are bracing themselves for what could be a profound change to their businesses."

    Read this article - then come back to discuss your thoughts and views.
    http://www.internetnews.com/IAR/article.php/3093731

    What do you think?

    Linda Buquet :: 714.754.1280 :: AM Consultant :: Catalyst eMarketing.com
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  2. #2
    ABW Ambassador
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    Nah.

    "The successful man is the average man, focused."

  3. #3
    ABW Veteran jc101's Avatar
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    Well here's my information on what I have learned since I live in California. People don't know what affiliate marketing is. they don't know that it could be related to email(spam) though if you say it's internet advertising, they think your the ones who are responsible for popup ads on sites. which the smart affiliates don't use that method. I do not do newsletter because of the threat of users unsuscribing or accusing us of spam. So I focus 100% on internet only no email. As I think the Internet has better and more powerful ways of converting sales. But I do believe that these spammers will make this industry harder, because legible email that was permission given end up being deleted by accident because of all the spam, or end up in the bulk email folder. I have to say California may be the responsible one for why this new spam law came in effect. But I'm not worried because I don't use email advertising or company newsletters that much anymore. What are you thoughts?

    Jason
    xtremeshopping.org
    aim: ssn jason
    <a href="http://www.xtremeshopping.org/affiliateconsulting.html"target="_blank">Xtreme's partnership information<a>

    "One thing life taught me: if you are interested, you never have to look for new interests. They come to you. When you are genuinely interested in one thing, it will always lead to something else" Eleanor Roosevelt

  4. #4
    Affiliate Manager
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    I agree that spam is a major problem on the internet today. I, myself, am tired of all the spam email from breast enlargement pill pushers that send me 25 emails a day claiming that I "opted in" thier mailing list like getting their email about breast enlargement is a gift to me...

    I am not sure I understand this new law though. I am sure alot of people don't understand it. I really don't think that merchants should get the rope if an affiliate breaks the rules and spams. The producer of the email should be the one that gets the punishment. I mean the guns and ammo manufacturing companies don't get sued when someone shoots another person...

    It all comes down to the first court cases with this one. I am sure by January 02 there will be a few hundred cases filed to start the new year off. With all the sue happy crazed people out there I am sure alot are just waiting for this day to test out the new system.

    Anyone that has a opt-in email list should be documenting their signups anyways by collecting the ip address, timestamp, and url of where it took place for each individual opted in. By having this info you are covering yourself. Cover your @$$!

    To Good Health & Wellbeing,

    Chet Brzezinski
    eVitamins Affiliate Manager
    http://www.eVitamins.com


    The eVitamins Parasite & Scumware Policy:
    http://www.evitamins.com/parasitepolicy.asp

  5. #5
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Great article. It also points out the networks dire need to rid their ranks of Dupers (affiliates posing as merchants) and sleezy e-mailing companies and list brokers with affiliate enabled FREEBEE frontends.

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  6. #6
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    An excerpt from the article
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Performics says it has set up technical barriers that make it difficult for affiliate marketers to spam using its clients' affiliate links, but the company admits it's possible to foil the safeguards, if affiliates really want to. Because, technically, a link is a link whether it appears in e-mail or on a Web site, there's no way for affiliate networks to know how the links are being used.<HR></BLOCKQUOTE>(bold emphasis mine)

    While this may not be the primary focus of the article, that statement, above, is not correct. Me, being not the most swiftest at tech stuff, can find out, for example, if people came to one of my sites from an email link. This is found in my extreme tracker stats. I also know from info provided me by a network I am a member of that I can see the referring email address in the stats when someone performs an action that results in a lead.

    My point being... affiliate networks are capable of determining if links are being sent via email. Networks, and advertisers have some control.

    I remember not long ago watching a news magazine show - I think 20/20 or 60 Minutes - that when a spammers trail was followed, that inevitably it always came back to the merchant/advertiser. That if the advertiser would take time to follow up, then they could find a way to put it to a stop. This particular program dealt with loan, and credit card advertisers, and the affiliate spammers. There was a trail that most watchdogs would have trouble following. However, with the advertiser, it is just a matter of tracing backwards as to who paid who for the lead/sale.

    My two cents

    -----------------------------
    Big Chuck
    Why do some affiliate networks continue to enable parasitic technology providers to STEAL my hard earned revenue?

  7. #7
    Defender of Truth, Justice and the Affiliate Way
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    From the article, it looks like merchants more than affiliates are worried about it. Those merchants who allow affiliate spamemrs should be concerned and rightly so. As should the affiliate spammers. I find the title of the article and it's contents skewed and biased IMO.

    But maybe the amount of my spam from afiliates for inkjets, etc will decrease.

    It's Your Money. You earned it. What are you going to do to make sure you get to keep it?

  8. #8
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Add e-mail marketing to the Telemarketing industry as the first minefield for lawyers to go after merchants and their supporting networks. Don't worry the sleezy affiliates will be used to just set off the boobytraped commission promise land. Cost per 91 Telemarketing phone calls to those on the "Do Not Call" list is 1 million dollars. I charge folks annual fees to get e-mails from me. Those who don't charge and use mass advertising 3rd party companies mught just find their butts broke and on their way to jail.

    Look on the bright side. The honest non "tricks for clicks" affiliate will be a God's send for merchants legal team.

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  9. #9
    ABW Ambassador DesignerWiz's Avatar
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    I am all for these email spamming laws. I am also hoping that this will be beneficial to our Constant Contact HTML email program offer that uses opt-in/out and email signup confirmation notification to ensure that the email address is indeed the true sign up identity and not someone merely inserting someones email addy in a box to get a laugh at the wrath you will receive on your first mailing send to the new sign up.

    This however is only a first step in spamming regulations. Unfortunately, these new laws are not going to prevent other country spammers from picking up the void the USA spammers leave when complying to the new regulations.

    I honestly do not believe we will see any less spamming .. just more creative spamming tactics from other countries as these spammers partner with other country services to avoid responsability of their spamming tactics.

    Ray Thomas
    DesignerWiz.com CEO
    Development Resource & Javascript Public Archive Center
    http://DesignerWiz.com
    ABW Board: Category: Programming / Coding

  10. #10
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    I appreciate this law, and remember: Arnie is in the private jail business. He must do something for his pocket.



    carneol

  11. #11
    ABW Ambassador Andy's Avatar
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    What does SPAM have to do with legitimate affiliate marketing? NOTHING! Legitimate affiliate marketers DON'T SEND OUT SPAM.

    If there's a mailing list, it's carefully administered, double opt-in, and closely guarded.

    The people worried about the upcoming enforcement in California are trying to present themselves as affiliate marketers, when in reality they're just scumbag SPAMMERS.

    There's a big difference between the two.

    Andy

    _______________
    <font color="red">Call the Exterminators! We've Got PARASITES!</font>

  12. #12
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    Rather than treating affiliate marketing and spam as synonyms, I wish the market would speak about affiliate marketing as a tool that can help kill spam.

    For the affiliate to get paid, they need to have a tracking code in the link. The tracking code gives anti-spammers the ability to positively track the spammer.

    If the networks had strong anti spam language and made a great show of denying commissions to affiliates that use spam or misleading copy in their ads, then the affiliate marketing would become the shining example of technology addressing the issue of spam.

    The way to fight affiliate spam is easy. Just make an complaint board. People who get spam could simply forward the spam to a the complaint board...the networks would then keep the commissions.

    sound thinking

  13. #13
    ABW Ambassador DesignerWiz's Avatar
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    I agree with Andy & Yintercept comments.

    Ray Thomas
    DesignerWiz.com CEO
    Development Resource & Javascript Public Archive Center
    http://DesignerWiz.com
    ABW Board: Category: Programming / Coding

  14. #14
    ABW Veteran Student Heyder's Avatar
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    I do too.

    Make your time

  15. #15
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    I also agree with Andy & Yintercept.

    Spammer scumbags, parasite scumbags and true affiliate marketers all use the affiliate networks platform to drive revenue to their bank accounts.

    It's the networks that are at risk of enforcement by the California Attorney
    Generals office. They are high profile companies with large bank accounts that the AG can fine and make the headlines. They are concentrated in California which could make enforcement easier.

    The merchants should have an affiliate manager that can tell within hours if an affiliate is abusing their program. The stats will show any spike in traffic and the logs will, in most cases, show how the traffic was generated. If the AM can't figure out where the traffic is coming from he/she should cut the affiliate off until the source is determined. Everything should be well documented.

    >these new laws are not going to prevent other country spammers from picking up the void the USA spammers leave when complying to the new regulations.

    I predict that the large networks will further shy away from affiliates outside the US which will be a mistake but they make mistakes all the time.

    All a merchant needs is 50 to 100 hand picked affiliates with proven track records of honest publishing of products and services on the web. Policing of thousands of individuals is a pain in the ass and a spammer or two are bound to get by the affiliate managers.

    The smaller networks will be the winners. Anonymity for the uninvolved.

  16. #16
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I predict that the large networks will further shy away from affiliates outside the US which will be a mistake but they make mistakes all the time. <HR></BLOCKQUOTE>

    Merchants will also clamp down on small websites...which is a shame because it is not the small web sites that cause the problem. It is the sites with a large amount of inexplicable traffic.

    I've always thought the game should be played by auto approving sites, then auditing sites that have substantial traffic. Of course, the networks we have today call these sites 'dupers and bow to their every wish.

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