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  1. #1
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    Please Help: Affiliates as Sponsors for Events
    Hello,

    I am currently running a short film competition with a prize for best short that requires a $5 application fee. My question is - If I make a poster for the competition and put a logo from B&H photo (whom I am an affiliate of) on the poster insinuating they are sponsors of the event, and then have affiliate links on the site, is this OK? Am I misleading people to think that the competition is "sponsored" by B&H?

    The logo would give significant credibility to the competition. The thing is that B&H will not be providing the prize, I will.

    Any insight would be helpful.

    Thanks,

    Paul

  2. #2
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    So B&H have nothing to do with the competition? You are using their name to promote your competition, without their consent?

    Are you serious? You are asking for trouble

  3. #3
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    I haven't done anything yet which is why I am asking. Technically, once approved to be an affiliate, which I am, I can use there banners and links on my site. So they are considered a "sponsor" of the site. Why would it be any different if their link is on the newsletter?

  4. #4
    Moderator BurgerBoy's Avatar
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    Why don't you ask them if it's OK??

    Vietnam Veteran 1966-1970 USASA
    ABW Forum Rules - Advertise At ABW

  5. #5
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    Allowing you to place links & banners on your site doesn't mean they "sponsor" it - you have only entered into an affiliate relationship.

    "Sponsorship is a business relationship between a provider of funds, resources or services and an individual, event or organisation which offers in return rights and association that may be used for commercial advantage in return for the sponsorship investment"

    They aren't providing you with funds or resources - you earn commission on sales generated by your visitors.

    Some merchants go so far as to disallow the use of the word "partner", so I'm pretty sure you would get into trouble using the word sponsor. You should ask first, this is a very specific line to cross without permission.

    (Added: I don't see anything wrong with you specifying that your site is sponsoring the prize - just endorse B&H on the same page).

  6. #6
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    Quote Originally Posted by teezone
    Allowing you to place links & banners on your site doesn't mean they "sponsor" it - you have only entered into an affiliate relationship.

    "Sponsorship is a business relationship between a provider of funds, resources or services and an individual, event or organisation which offers in return rights and association that may be used for commercial advantage in return for the sponsorship investment"

    They aren't providing you with funds or resources - you earn commission on sales generated by your visitors.

    Some merchants go so far as to disallow the use of the word "partner", so I'm pretty sure you would get into trouble using the word sponsor. You should ask first, this is a very specific line to cross without permission.


    (Added: I don't see anything wrong with you specifying that your site is sponsoring the prize - just endorse B&H on the same page).
    Thank you! That clears everything up for me. Now, is it OK to charge a $5 submission fee to be considered as a contestant in exchange for administrative costs, i.e. Hosting, server space for video's, etc...? I understand these contest laws vary state to state but how could I ever comply with them all?

  7. #7
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    Yeah, contests are a bit tricky.. I looked into it 2 years ago, and it's pretty complicated to get it done right. Legal requirements vary from state to state. You'll find most US-based contests aren't offered to non-residents as individual country law then kicks in. You really don't have a choice but to comply... there's a complainer in every crowd, all it takes is one..

    I was planning on running a draw on my site in Spring 09 (tickets to a performer that I've covered), and to be honest, I was thinking I would contact a lawyer. Or look for legal templates for sale (did that for privacy policy last year).

    I'm also reminded to take a look at other site contests, see how they're setup. Since my sites are my business, I have to err on the side of caution!

    Might be tough to get people to pay admission, but you could always try to build a community concept instead. $5 for your own space, etc etc.

    Sorry I can't be of more help than this!

  8. #8
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Quote Originally Posted by paulyc44
    Now, is it OK to charge a $5 submission fee to be considered as a contestant in exchange for administrative costs, i.e. Hosting, server space for video's, etc...? I understand these contest laws vary state to state but how could I ever comply with them all?
    Do that, and you could be in violation of gambling laws. "Contests" as generally defined, cost nothing to enter. Paying to enter is something very different. Do a google search for "pay to enter contest is gambling" and you'll see it is illegal is probably every state.
    Last edited by Phil Kaufman aka AffiliateHound; December 31st, 2008 at 09:19 PM. Reason: typo
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
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  9. #9
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    Paying to enter is something very different
    Great point.. I missed that one.. it becomes a lottery if you have to pay to participate.

  10. #10
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    Thanks guys, that idea is shot to sh*t. I'll probably move forward to drive the traffic and monetize the site in other ways. The US of A is something else isn't it - Great Country, wouldn't be without it's laws. So much legit opportunity to explore.

  11. #11
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Quote Originally Posted by paulyc44
    Thanks guys, that idea is shot to sh*t. I'll probably move forward to drive the traffic and monetize the site in other ways. The US of A is something else isn't it - Great Country, wouldn't be without it's laws. So much legit opportunity to explore.
    Laws are what separate us from the barbarians, but, like everything else in life, moderation is necessary for a workable society.

    It makes absolutely no sense that you cannot promote a "contest" as you describe, but the STATE can promote its own lottery, or the state can regulate, tax, and allow the sale of alcohol, and extremely dangerous, toxic, and deadly pharmaceuticals, but the production, sale, and use of marijuana is not only illegal, but so are virtually all scientific studies that could substantiate the medical benefits of marijuana.
    Last edited by Phil Kaufman aka AffiliateHound; December 31st, 2008 at 09:44 PM. Reason: added rant
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

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