Results 1 to 15 of 15
  1. #1
    The affiliate formerly known as ojmoo
    Join Date
    January 18th, 2005
    Posts
    1,466
    New terms for Checks Unlimited in NY
    OK, it seems I got the new terms for Checks Unlimited from Andy. It seems to say in a nutshell (and I haven't really read it thoroughly) that they will allow NY affiates back in as long asd they exclusively only promote their products through website links. There also seems that you must also sign a letter saying that you won't promote them in the unallowed ways. I assume no one from NY got this email since they were dropped from the program.

    Anyway, if what I said above is what the new terms mean in a nutshell, Andy please confirm.
    Last edited by oranges; September 24th, 2008 at 04:57 PM. Reason: grammer error
    Expert who says Moo

    a.k.a. OJMOO

    Cow Dance


  2. #2
    Affiliate Marketing Consultant Andy Rodriguez's Avatar
    Join Date
    January 18th, 2005
    Location
    Sunny Miami
    Posts
    8,384
    Quote Originally Posted by oranges
    OK, it seems I got the new terms for Checks Unlimited from Andy. It seems to say in a nutshell (and I haven't really read it thoroughly) that they will allow NY affiates back in as long asd they exclusively only promote their products through website links. There also seems that you must also sign a letter saying that you won't promote them in the unallowed ways. I assume no one from NY got this email since they were dropped from the program.

    Anyway, if what I said above is what the new terms mean in a nutshell, Andy please confirm.

    Moooooooo,

    You are correct sir, we are letting in the NY affiliates again and the first step was to update the affiliate agreement and and notify the current affiliates.

    We are posting on the forum tomm, you beat us to it.

    In a nutshell - all NY affiliates are welcomed back, providing they abide by the new terms as per the NY meeting resolution.

    More later ...
    Andy Rodriguez Consulting, Affiliate Program Management and Consulting Services, Since 2001
    www.andyrodriguez.com | E: abw@andyrodriguez.com | P: (888) 931-ANDY (2639) | Skype: affiliatedoctor | AIM & MSN: AffiliateDoctor | Subscribe To Our ABW Forum Posts | Follow me on Twitter | Join Our Affiliate Programs

  3. #3
    Advocate mellie's Avatar
    Join Date
    January 18th, 2005
    Location
    Here
    Posts
    1,925
    Excellent Andy! Thank you for your perserverance in this. I will announce it on my blog as soon as I get the details.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  4. #4
    Affiliate Marketing Consultant Andy Rodriguez's Avatar
    Join Date
    January 18th, 2005
    Location
    Sunny Miami
    Posts
    8,384
    In a nutshell, the main changes to the agreement is:

    12. Prohibition Against Solicitation Activities by New York State
    Resident Affiliates

    a. If you are a resident of the State of New York, you agree that as a
    condition of your participation in the Direct Checks Affiliate Program, your solicitation activities within the State of New York on behalf of Direct Checks through Our Sites shall be limited to providing Links on your web-site to Our Sites. You acknowledge and understand that any further solicitation or promotional activities by you within New York State is strictly prohibited and be a material breach of these Terms and Conditions causing Direct Checks irreparable harm. By way of example and without limitation to the foregoing, if you are a resident of the State of New York, you further understand and agree that you are prohibited from engaging in any other solicitation activities within New York State intended to refer potential customers to web-sites owned or operated by us, including, but not limited to: distributing flyers, coupons, newsletters and other printed promotional materials, or electronic equivalents of such materials; engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and sending emails intended to refer customers to us. If you are a resident of the State of New York and an organization such as club or non-profit group, you further agree to prominently maintain on your web-site information alerting your members to the prohibition against solicitation activities in New York State as described above.

    b. If you are a Direct Checks’ Affiliate residing in the State of New York, you agree to submit signed certifications (the "Certifications"), on an annual basis on or before May 31st or such other date as requested by us, to Direct Checks or such other third party designated by Direct Checks, stating that you have not engaged in any prohibited solicitation activities in New York State, as described above, at any time during the previous year. The Certifications shall include your name and address and, if you are an organization such as club or non-profit group, the Certifications shall also contain a statement certifying that you have placed information on your web-site alerting your members to the herein prohibitions against engaging in solicitation activities within New York State. Certifications shall be signed by a person with the authority to enter binding contracts on your behalf and shall include the name and address of the person signing the Certification. Certifications shall also contain a confirming statement that the Certifications and any information submitted with the Certifications are subject to verification and audit by the New York State Department of Taxation and Finance.
    Andy Rodriguez Consulting, Affiliate Program Management and Consulting Services, Since 2001
    www.andyrodriguez.com | E: abw@andyrodriguez.com | P: (888) 931-ANDY (2639) | Skype: affiliatedoctor | AIM & MSN: AffiliateDoctor | Subscribe To Our ABW Forum Posts | Follow me on Twitter | Join Our Affiliate Programs

  5. #5
    ABW Veteran Mr. Sal's Avatar
    Join Date
    January 18th, 2005
    Posts
    6,795
    Quote Originally Posted by Andy Rodriguez
    In a nutshell, the main changes to the agreement is:

    12. Prohibition Against Solicitation Activities by New York State
    Resident Affiliates

    a. If you are a resident of the State of New York, ......
    Andy, thank you for posting that nutshell,

    Because I just got the email from SAS and I was not going to read that extra-super-very-long-one-line-23,975-characters-long-five-page-long-single-paragraph-Complete-New-Agreement.

    Man, who can read that email with 23,975 characters, all in one single paragraph?

    And all that just to add that nutshell, about NY?

    I thought I was buying a building!

  6. #6
    Beachy Bill's Avatar
    Join Date
    November 20th, 2005
    Posts
    8,266
    Quote Originally Posted by Mr. Sal
    Andy, thank you for posting that nutshell,

    Because I just got the email from SAS and I was not going to read that extra-super-very-long-one-line-23,975-characters-long-five-page-long-single-paragraph-Complete-New-Agreement.

    Man, who can read that email with 23,975 characters, all in one single paragraph?

    And all that just to add that nutshell, about NY?

    I thought I was buying a building!
    Yeah, sorry I couldn't read it either. I just "put it away" trusting that Andy knows what he is doing. I figured it had something to do with the New York changes - which is great. But, I won't even pretend to say I read the whole thing.
    Bill / Marketing Blog @ 12PM - Current project: Resurrecting my "baby" at South Baltimore..
    Cute Personal Checks and Business Checks
    If you are too busy to laugh you are too busy.

  7. #7
    Affiliate Network Rep Kim Salvino's Avatar
    Join Date
    January 17th, 2007
    Location
    Abingdon, Maryland
    Posts
    2,279
    Awesome news! The more merchants that make these changes, the better for our New York partners.
    Kim Salvino, Client Services Director, Performance Horizon Group
    Reach me at kim.salvino(at)performancehorizon.com or on (443) 617-4036

  8. #8
    http and a telephoto
    Join Date
    January 18th, 2005
    Location
    NYC
    Posts
    17,708
    Great news And about that one paragraph tos, when a merchant posts the tos it *looks* like it has all the paragraph breaks and then when it goes live it doesn't. And to change it, we have to go back and enter it as html, but it won't go into effect for 7 days after we correct it. Plus affiliates will get a new email that the tos has been changed, when in fact it is just us re-formatting it. So don't get mad at us when we fix it please
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  9. #9
    Troll Killer and best Snooper!
    I decide when the pigs fly!
    Rhea's Avatar
    Join Date
    January 18th, 2005
    Location
    New York, USA
    Posts
    6,195
    Great job, Andy! (I didn't get the email though.)

  10. #10
    The affiliate formerly known as ojmoo
    Join Date
    January 18th, 2005
    Posts
    1,466
    You know, looking at another thread above from the berry people who want all affiliates to provide a noterized statement and the resistance from affiliates to that something comes to mind. The signed statemant that is required is this a physical signature or an electronic signature.

    If it is a physical signature, why should/would NYers agree to this when it seems all affiliates are resistant to a notorized statement? Why isn't this essentially the same issue. When we agree to the terms when joining the program, we agree to the terms. An addition signed piece of paper is not more enforcable then the original agree to the terms box that we click.
    Expert who says Moo

    a.k.a. OJMOO

    Cow Dance


  11. #11
    Analytics Dude Kevin's Avatar
    Join Date
    January 18th, 2005
    Location
    Rochester, NY
    Posts
    5,904
    If it is a physical signature, why should/would NYers agree to this when it seems all affiliates are resistant to a notorized statement? Why isn't this essentially the same issue. When we agree to the terms when joining the program, we agree to the terms. An addition signed piece of paper is not more enforcable then the original agree to the terms box that we click.
    New York requires it.
    Kevin Webster
    twitter: levelanalytics

    Kayak Fishing
    Web Analytics and Affiliate Marketing

  12. #12
    Advocate mellie's Avatar
    Join Date
    January 18th, 2005
    Location
    Here
    Posts
    1,925
    There are many ethical NY affiliates that wish to continue doing affiliate business legally. NY State requires merchants to obtain this form from any affiliate who is a resident of NY. While some affililiates may be trying to get around the law by claiming residency elsewhere or using a mailing address outside of NYS there are many of us who have had to completely rebuild and/or redesign our business model in order to survive.

    NYS released a memo that clarified that a merchant can avoid having a nexus by incorporating certain terms and conditions, and that a merchant must maintain a copy of an affiliate's agreement to comply as well as an affadavit statement that they have complied. This simple process enables ethical NY affiliates to continue to do business.

    This is totally different from the other situation, different reason, different purpose.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  13. #13
    The affiliate formerly known as ojmoo
    Join Date
    January 18th, 2005
    Posts
    1,466
    I didn't know that. With this in mind, maybe the merchant requiring a noterized statement isn't as silly as it seems...well at least to NY affiliates who have to fax in documents anyway.
    Expert who says Moo

    a.k.a. OJMOO

    Cow Dance


  14. #14
    notary sojac Herb ΤΏΤ¬'s Avatar
    Join Date
    January 18th, 2005
    Location
    Central/Western NY State
    Posts
    7,741
    Lightbulb
    Quote Originally Posted by oranges
    I didn't know that. With this in mind, maybe the merchant requiring a noterized statement isn't as silly as it seems...well at least to NY affiliates who have to fax in documents anyway.
    I haven't seen them asking for notarization from the NYers. and they should give us a snail mail addy for the docs also.

  15. #15
    Analytics Dude Kevin's Avatar
    Join Date
    January 18th, 2005
    Location
    Rochester, NY
    Posts
    5,904
    Regardless, good work on this one ARC. Thanks for the support.
    Kevin Webster
    twitter: levelanalytics

    Kayak Fishing
    Web Analytics and Affiliate Marketing

  16. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. Checks Unlimited Tracking
    By FlyFisherman in forum ShareASale - SAS
    Replies: 3
    Last Post: March 9th, 2009, 02:10 PM
  2. Checks Unlimited
    By bluewaves1 in forum ShareASale - SAS
    Replies: 4
    Last Post: January 18th, 2009, 06:32 PM
  3. Checks Unlimited Conversions
    By FlyFisherman in forum Andy Rodriguez Consulting
    Replies: 20
    Last Post: September 14th, 2007, 04:28 PM
  4. Checks Unlimited Affiliate Terms
    By Trust in forum Midnight Cafe'
    Replies: 3
    Last Post: May 16th, 2003, 05:04 PM
  5. Checks Unlimited
    By edkaiser in forum Commission Junction - CJ
    Replies: 41
    Last Post: October 21st, 2002, 03:21 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •