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December 4th, 2008, 12:15 PM #1Prices / Outdates / Coupons
Greetings Legal team
I was wondering for people who use datafeeds, coupon codes and other promos that are provided by a merchant .. What legal matters should the affiliate be considered with using them?
Lets say a customer goes to a outdated page, finds coupons that have expired but are not listed as such ...
Or they find prices that arent up-to-date ...
As a Affiliate - this is bound to happen every now and then should I be worried for getting sued?
Should there be some disclaimer added to the pages at the bottom?
December 4th, 2008, 12:34 PM #2
- Join Date
- January 18th, 2005
Merchants get very upset when their customer service gets calls about outdated or incorrect information on affiliate sites and some have threatened action with C&D's or worse, but I have never seen one go through with legal action. Usually the affiliate cooperates and removes the problematic information.
So yes, affiliates should be concerned with making sure their information is up to date, merchants can come after them if customers demand price matching or report the merchant to BBB because of the action of an affiliate.
A disclaimer on your site would help if it clearly states prices are subject to change and coupons may expire without notice.
I am not sure if a consumer would be able to take action against the affiliate site.Deborah Carney
TeamLoxly.com BookGoodies.com ABCsPlus.com
December 4th, 2008, 12:46 PM #3
I'm making section now ..
How ya think about this ?
"Please Note ALL discounts, coupons and coupon codes and promotions are subject to change without notice, come without warranty and should be verified before completing an order!"
December 4th, 2008, 12:49 PM #4
- Join Date
- January 18th, 2005
take out the 'come without warranty'
Also, 'should be verified' could result in them going to a different affiliate site to check, and end up clicking one of the links, you lose out
Just put a simple disclaimer
December 4th, 2008, 12:57 PM #5
ok changed to:
"Please note all discounts, coupons and coupon codes and promotions are subject to change without notice and should be verified at the merchants site before completing an order!"
I created a very noticable table box right under the sections where the coupons / specials are listed .. should be good to go !
Thanks Julian & Debbie!
December 4th, 2008, 12:59 PM #6
Ditto on Loxly's comments. Some affiliates avoid listing the price but it definitely effects conversion. It results in a complaint for the customer service manager to the affiliate manager who then contacts the affiliate. If the affiliate is constantly causing these problems because they are manually pushing feed updates I have asked the affiliate to automate it or remove the pricing.
The good news is that datafeed affiliate who may cause this are very high value affiliates and an AM will work hand-in-hand with them to resolve the issues. Its really a Q4 issue means that your site is generating a lot of sales. Affiliates can drive out tech issues with feeds which is invaluable to the merchant. I have yet to not turn this into a win-win for the affiliate & merchant.
So unless you anticipate ongoing issue I would focus on getting the feeds into your site and getting visitors to your product pages.