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  1. #1
    Newbie
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    July 16th, 2008
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    New TOS change affected previous cookies?
    Hi! All,

    Could anyone let me know that the previous cookies can earn commission after merchants changed their TOS? For example, HRM USA has changed their TOS for not using their trade mark. Therefore, I stop their campaigns immediately to be in line with their TOS change. Afterwards, I got some commission from my previous cookies. But, they voided my commission due to VOIDED Violation of Merchant Affiliate Policy Sale - OnlineOrder_00276341. Is this normal practice for TOS change by all merchants?

    Thanks.

  2. #2
    ABW Ambassador
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    January 18th, 2005
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    England
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    If they changed the TOS, the sales after the change should be effected. Any sales prior to the change should not be affected.
    Send them an e-mail and explain what you were doing.

    A merchant should not be penalizing an affiliate for sales that occured prior to any TOS changes. That just isn't fair.

  3. #3
    Newbie
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    Hi! Julian,

    Thanks for your opinion and suggestion.

    Best Regards,
    Athikhom

  4. #4
    15 years and counting
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    January 18th, 2005
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    6,121
    IMHO, bidding on TM without the written consent of a merchant is not a good practice. You should be happy to be paid for all sales before the new TOS.

  5. #5
    AM Navigator Geno Prussakov's Avatar
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    In general, I am in consensus with Zeus.

    However, if it was not explicitly forbidden at the outset, one would expect only future referrals to be affected.

    Geno

  6. #6
    http and a telephoto
    Join Date
    January 18th, 2005
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    Quote Originally Posted by Zeus
    IMHO, bidding on TM without the written consent of a merchant is not a good practice. You should be happy to be paid for all sales before the new TOS.
    If it wasn't restricted affiliates wouldn't think to ask. Not all PPC affiliates read here and would think they needed to ask for permission to do something that they see as allowed.

    Merchants need better TOS and affiliates need to read them. But affiliates should not be punished for something that wasn't in the TOS and when the TOS changes, previously set cookies shouldn't be affected.

    If we start saying affiliates have to ask before doing *anything* what good is the TOS at all?
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  7. #7
    15 years and counting
    Join Date
    January 18th, 2005
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    6,121
    Affiliate marketing was not created to grab sales belonging to the merchant. You can't write everything in a TOS. Obviously, this merchant didn't know he had to protect his business from predators.
    "If we start saying affiliates have to ask before doing *anything* what good is the TOS at all?"
    It's why I'm talking about "good practice" IMHO, Bidding on Merchant name, Merchant URLs is not fair for the merchant.

  8. #8
    Newbie
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    July 16th, 2008
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    Thailand
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    Hi! All,

    I see several merchants encourage affiliate marketers to bid on their trade marks. Because they hoped that their websites' ranking will become higher or in top rank for searching. On top of that, they need more sales from PPC. Hard to say, TM bidding is good or bad for merchants. In my opinion, the more sales the better. It should be mutual goals for both merchants and affiliates. Therefore, TM bidding should be mentioned clearly. Some merchants allowed misspelling, variation and limit for TM or URL bidding. Actually, most of merchants have already done it. If most of merchants do this thing, it is quite strange to ask for permission on TM bidding.

    Sincerely,

  9. #9
    ABW Ambassador Greg Rice's Avatar
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    January 18th, 2005
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    4,889
    I don't think most merchants allow this, in fact only a few do. The majority of merchants either prohibit it or aren't aware it's going on or know what to do about it. Most of the merchants we talk with either don't know if this is happening in their program or do not want to allow it.

    There are times when it's beneficial for both merchants and affiliates and there are times when it's a very bad practice. It would be great if affiliates would ask before doing this but I wouldn't expect them to. That's what the TOS is for. I wouldn't assume it is ok, it's best to assume it's not ok until they tell you otherwise.

    This merchant should be able to see the return days and see cookies that were set before the TOS change. IMO you shouldn't make rules retroactive and you shouldn't punish someone for doing something that was allowed before the TOS changed.

    My guess is the merchant didn't notice the return days and assumed the sale occurred after the TOS change. A friendly email would be in order here.
    Greg Rice Affiliate Program Management
    www.gocmc.com info(AT)gocmc.com | 330-259-1223

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

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