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  1. #1
    ABW Ambassador flamingoworld's Avatar
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    January 18th, 2005
    Posts
    5,208
    Dear FlamingoWorld,

    We are writing to inform you that we are exercising our right under
    section 13 of our Operating Agreement to terminate our contract with you.
    http://www.birthdayexpress.com/bexpr.../Operating.asp

    Birthday Express is currently restructuring its Affiliate Program to
    address a growing need to ensure profitability for both the company and
    its partners, and to comply with current federal legislation. In light of
    the CAN-SPAM Act of 2003, online merchants are being forced to diligently
    monitor all affiliate marketing techniques or face harsh penalties. To
    provide this type of affiliate monitoring would be extremely costly and
    time-consuming considering the current size and growth rate of the
    Affiliate Program. Consequently, Birthday Express has made the difficult
    decision to end the current program.

    We appreciate all of your efforts as an affiliate, and assure you that
    your remaining commissions will be paid in full. In compliance with our
    Operating Agreement, we ask that you remove all banners and text links to
    our Web site immediately. As of midnight January 10, 2004 your links will
    cease to track and/or report any commissions on your behalf.

    Thank you for your compliance.

  2. #2
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    Nunya, Business
    Posts
    23,684
    That sucks, they were near the top of my Indy To Do List.

    "In light of the CAN-SPAM Act of 2003, online merchants are being forced to diligently
    monitor all affiliate marketing techniques or face harsh penalties. To
    provide this type of affiliate monitoring would be extremely costly and
    time-consuming considering the current size and growth rate of the
    Affiliate Program. Consequently, Birthday Express has made the difficult
    decision to end the current program."

    Over Reaction.

    I work in lounge pants

  3. #3
    ABW Ambassador
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    January 18th, 2005
    Location
    UK
    Posts
    539
    grrrr!!!
    I am slightly annoyed,but never mind!! i assume they will close the storybook heirlooms one too soon??

    *** And people say I'm just a housewife!!! ha ha ***

  4. #4
    Newbie
    Join Date
    January 18th, 2005
    Posts
    3,219
    I have been calling all day.


    hang on for ABW people he will work on it...

    I will keep you informed.

    SandraR

  5. #5
    ABW Ambassador
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    January 18th, 2005
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    Nunya, Business
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    23,684
    They can do just what Ulta.com did. They still have their program at CJ but said in an email to affiliates not to use them in any more email marketing.

    I work in lounge pants

  6. #6
    Newbie
    Join Date
    January 18th, 2005
    Posts
    3,219
    Jeff will post in the next few days. ABW people are what I was working on.

    I will let him explain it, but there may be a new contract in the works. They need to weed out the SCUM SPAM people.

    They are worth the effort

    SandraR


    A NOTE
    He watches ABW

  7. #7
    ABW Ambassador flamingoworld's Avatar
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    January 18th, 2005
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    5,208
    Just got the same notice from Storybook Heirlooms too.

    Hope they work something out..and get a datafeed.....

  8. #8
    ABW Ambassador Radegast's Avatar
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    January 18th, 2005
    Posts
    1,978
    Does Section 13 give them the right to demand immediate removal of all links

    (like IMMEDIATE???)

    Why do we put up with this crap?

  9. #9
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    1,356
    MakesParties Affiliate Program

    There ya go. Don't say I never did nuthin' for ya.

    No, that's not an affiliate link.

    ------------------------------
    "It be's dat way sumtimes." ~ Coco B. Ware

  10. #10
    ABW Ambassador
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    January 18th, 2005
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    Nunya, Business
    Posts
    23,684
    I wish makesparties would get some stats, i hate not seeing how many clicks i'm getting. But they do pay

    I work in lounge pants

  11. #11
    Merchant Linda's Avatar
    Join Date
    January 18th, 2005
    Location
    TN, USA
    Posts
    1,030
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by SandraR:
    Jeff will post in the next few days. ABW people are what I was working on.

    I will let him explain it, but there may be a new contract in the works. They need to weed out the SCUM SPAM people.

    They are worth the effort

    http://www.ssan.comhttp://www.artgoo...oon_avatar.gif


    A NOTE
    He watches ABW<HR></BLOCKQUOTE>

    I removed them from all my pages as soon as I received their email and I had them on a LOT of pages.

    If they do start up again, I don't know that I want to put them back up. They'll have to do some real fancy talking as far as I'm concerned. I was doing good with them until last June and then they just stopped converting. Only had 3 or 4 sales from them since then.

  12. #12
    ABW Ambassador flamingoworld's Avatar
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    January 18th, 2005
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    5,208
    I just had to click one button to delete them so it was no biggie. I am with MakesParties, but not much luck with them yet.

  13. #13
    ABW Ambassador Packy's Avatar
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    January 18th, 2005
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    Syracuse
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    4,205
    I received the email about Storybook, but nothing about BdayExpress yet.

    Merchant Coincidences, One of the Wonders of the World

    Coincidence Me baby!

  14. #14
    ABW Ambassador erninator's Avatar
    Join Date
    January 18th, 2005
    Posts
    1,054
    Yeah, I got it, too. Here's my reply:

    "This really SUCKS big time. Only one day notice. If you ever start up again don't contact me!"

    Ernie

    It may be that my sole purpose in life is simply to serve as a warning to others.

  15. #15
    ABW Ambassador
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    January 18th, 2005
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    UK
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    539
    i have not had it yet from storybook , but will be gutted as I just made loads of pages!!!!

    *** And people say I'm just a housewife!!! ha ha ***

  16. #16
    Newbie
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    January 18th, 2005
    Posts
    30
    Wow, this is a shock. I've gotten no notice from them myself, but I sure hope they are not getting rid of the whole affiliate program. They are definitely worth the effort.

  17. #17
    Newbie
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    January 18th, 2005
    Posts
    1
    Hello everyone, this is Jeff Nienaber the infamous Affiliate Manager at Birthday Express.

    First let me say that this decision was not taken lightly and received months of attention. This was a very difficult business decision that in our opinion had to be made. Believe me, if there were any other way we would have found it.

    Secondly, if you were an Affiliate of ours and feel that you were not given a fair chance, and you are not an email marketer, I would be happy to reevaluate your site. You may email me at affiliates@birthdayexpress.com.

    And lastly, I really do appreciate all the time and effort all of our former affiliates put into promoting our site and wish you all the success in the world.

    Sincerely,

    Jeff

  18. #18
    The affiliate formerly known as ojmoo
    Join Date
    January 18th, 2005
    Posts
    1,466
    Now I am totally confused. You mean you are continuing your program for some and ditching others?

    Firstly, if this is true then how did u determine who would stay and who would go. Obviously you didn't check who was emailing people. Its pretty easy to tell, all you have to do is look through your logs and see who was clicking from their email program instead of a general browser.

    A 'fair chance'? I didn't know we was given a chance, fair or otherwise. There was just this email. Never a good sign when someone refers to a conmtract in the first paragraph in an email. Then there was the second paragraph which mentioned the can-spam act which has nothing to do with me, since I don't email anyone. Reading it again, it says you are ending the current program. Doesn't that mean for everyone?

    Lastly, thank you, but as an experienced affiliate manager, you should know that this was handled very badly. If the affiliate program continues, you have bad feeling and bad press. If it doesn't they don't need an affiliate manager do they and you should start getting your resume out.

    Mike
    Stallion Shoppe
    Horse themed gifts and collectibles

  19. #19
    Full Member DianeHeather's Avatar
    Join Date
    January 18th, 2005
    Location
    Southern California
    Posts
    257
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Connie Berg:
    Dear FlamingoWorld,

    We are writing to inform you that we are exercising our right under
    section 13 of our Operating Agreement to terminate our contract with you.
    http://www.birthdayexpress.com/bexpr.../Operating.asp

    Birthday Express is currently restructuring its Affiliate Program to
    address a growing need to ensure profitability for both the company and
    its partners, and to comply with current federal legislation. In light of
    the CAN-SPAM Act of 2003, online merchants are being forced to diligently
    monitor all affiliate marketing techniques or face harsh penalties. To
    provide this type of affiliate monitoring would be extremely costly and
    time-consuming considering the current size and growth rate of the
    Affiliate Program. Consequently, Birthday Express has made the difficult
    decision to end the current program.

    We appreciate all of your efforts as an affiliate, and assure you that
    your remaining commissions will be paid in full. In compliance with our
    Operating Agreement, we ask that you remove all banners and text links to
    our Web site immediately. As of midnight January 10, 2004 your links will
    cease to track and/or report any commissions on your behalf.

    Thank you for your compliance.<HR></BLOCKQUOTE>

    Connie,

    I got the very same letter today. Some of these merchants confuse the heck out of me.

    <P class=sig align=left><FONT face="Comic Sans MS,Sans-Serif" color=red size=4>Diane
    </FONT><FONT face="Times New Roman,Times,Serif"><FONT color=purple>Interested in Philosophy? Visit my forum: </FONT><FONT color=purple>Philosophy, Spirituality &amp; Kabbalah</FONT></FONT></P>

  20. #20
    Full Member
    Join Date
    January 18th, 2005
    Posts
    245
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by ojmoo:
    If the affiliate program continues, you have bad feeling and bad press. If it doesn't they don't need an affiliate manager do they and you should start getting your resume out.
    <HR></BLOCKQUOTE>
    True, very true.
    Seems to me that Birthday Express has some gutless wonders in management. I wonder how many other merchants are going to react to the CAN-SPAM act this way?

    BradleyB

    "Don't stay in bed, unless you can make money in bed."
    - George Burns (1896-1996)

  21. #21
    Newbie
    Join Date
    January 18th, 2005
    Posts
    3,219
    I have my email for re-acceptance.

    My understanding of the situation is; they offered a very high commission and ended up with all the SPAM dredges of the affiliate worlds. Their affiliate base was so large it is almost impossible to weed out the bad guys, so they elected to get rid of everyone and hope the faithful and non-parasites would come back.

    When Jeff and I chatted he sympathized with our plight, but had no other alternative but to work with what he was given. He does know ABW people are not an issue, yet it will require a new sign up under there new agreement, in this manner they can get a better grip on the situation.

    Jeff is new to the situation and should be given a chance to make this program a success, as we know it can be.

    SandraR


    Better add datafeeds are in the talks.

  22. #22
    Member
    Join Date
    January 18th, 2005
    Posts
    176
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by SandraR:
    I have my email for re-acceptance.
    <HR></BLOCKQUOTE>

    Sandra ... Re-acceptance to what ... the current program, or a new one? The reason I ask is that I don't want to pull my links down Sunday, only to be re-accepted Monday, and then have to put all the exact same links back up.

    Thx

    - Ed


  23. #23
    Newbie
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    January 18th, 2005
    Posts
    3,219
    New program is my understanding. As I stated before I called and Jeff worked hard to keep me where I was. I think some more communication will get everyone back were they want to be.

    abagoo write him he is an easy going person willing to work with us.

    He would have done it different if he started with the program, but as always its difficult to walk into a mess.

    SandraR

  24. #24
    The affiliate formerly known as ojmoo
    Join Date
    January 18th, 2005
    Posts
    1,466
    What an awful way to run a railroad or an affiliate program. This makes no sense at all. Why don't they just issue a new TOS and carry on as normal, just go forward and detect who is spamming through the logs. If they can't detect who is spamming people now, how will they do it in the future regardless of a new TOS? The same spammers will join up and do the same thing. If they can't detect it b4 how will they detect it in the future???

    You want to remove all the spammers. Its pretty simple, people spam b/c it works. Therefore, in birthday express logs there has to be people who have clicked through their email program. Look at everyone who clicked from their email program (no you don't have to use all email programs, outlook express is good enough), from their you collect the affiliate numbers. These affiliates are the potential spammers. Send these people the imfamous email and you have cured your problem. This is really a simple thing for a good programmer, you must have one there somewhere, you are running an internet business you know

    Mike

  25. #25
    Member
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    January 18th, 2005
    Posts
    176
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by SandraR:

    abagoo write him he
    <HR></BLOCKQUOTE>

    Done that ... twice, even ... no answer yet. Not even an acknowledgement. Maybe he doesn't work weekends. Meanwhile, the links are about to die. And they will lose the sales we could be sending their way using legitimate advertising techniques. And, of course, we'll lose the commissions.

    The timing of this is even more poorly thought out than the decision itself.

    - Ed


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