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  1. #1
    OPM and Moderator Chuck Hamrick's Avatar
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    I would like to see a structured template with terms and conditions clearly defined. These are easily found when an affiliate reviews a program, once they apply this is part of the acceptance email. There is no question between the affiliate, merchant or network on what is acceptable.

  2. #2
    Moderator bibby's Avatar
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    Quote Originally Posted by Chuck Hamrick
    I would like to see a structured template with terms and conditions clearly defined. These are easily found when an affiliate reviews a program, once they apply this is part of the acceptance email. There is no question between the affiliate, merchant or network on what is acceptable.
    That's a really good idea.

  3. #3
    Member ETRdahir's Avatar
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    Quote Originally Posted by Chuck Hamrick
    I would like to see a structured template with terms and conditions clearly defined. These are easily found when an affiliate reviews a program, once they apply this is part of the acceptance email. There is no question between the affiliate, merchant or network on what is acceptable.

    This is a great idea. A Universal T and C template would cut through a lot of the bull text and get down to brass tax.

  4. #4
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    I think the T&C idea is a great one. Since there are so many business models for affiliates and merchants alike it would be helpful if you guys could make some specific suggestions. I'm seeing rhia as more of a checklist that merchants can use to be sure they've covered all the bases in their TOS. I'm not sure many merchants would appreciate being told how to write their TOS but would appreciate being given some guidelines from folks with experience.

  5. #5
    OPM and Moderator Chuck Hamrick's Avatar
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    I get requests all the time from AM's writing theirs for the first time. Had one merchant send me a 12 pager and asked where it came from. He merged all the legal jargon from the big box affiliate programs (pet vertical). I told him no one would read it so it was pretty much useless. Took over a month of revisions before we got it to a usable length as the network rejected it.

  6. #6
    http and a telephoto
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    Split the recommendations for a TOS template to it's own discussion.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  7. #7
    Affiliate Manager PetsWarehouse.com's Avatar
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    How about this for starters.

    Acceptance of Terms

    1. Description of Service (for nonprofit/educational this is of termed “Acceptable Use”)
    2. Registration Obligations
    3. Privacy Policy
    4. Member, Account, and Password Security (if issuing member names and passwords)
    5. Member Conduct (if members are accepted)
    6. Payment - Membership Terms
    7. AV's contact info
    8. Disclaimer
    9. Trademark Information
    10. Additional Terms (includes right to modify terms with notification)
    Bob Pets Warehouse
    Worlds Largest Pet Supply DataBase
    Join our Share-A-Sale Program [since 2003] Twitter



  8. #8
    Advocate mellie's Avatar
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    We are talking about a TOS template merchants can use for their programs. It was suggested that merchants could use a guideline for creating a TOS that addresses the critical points to make sure everyone understands the terms. Chuck and other OPM's have mentioned that merchants frequently need assistance in this area. I am sure networks would also prefer a somewhat structured TOS to ensure the basics are spelled out.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  9. #9
    OPM and Moderator Chuck Hamrick's Avatar
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    Per Rhea: what issues are important to PPC affiliates?

    Honest PPC affiliate want things clearly defined:
    1. Is trademark bidding allowed?
    2. Can you direct link?
    3. Can you use brand terms in the title and copy?
    4. Can you bid to branded trigger terms?
    5. Can you use the terms coupon-discount-sale?

  10. #10
    Network Rep & ABW Ambassador Carolyn - ShareASale's Avatar
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    Hey guys, please keep in mind that I'm not a PPC affiliate, so I'm not able to provide a firsthand point of view. That said, from a network standpoint, I've seen two key issues in regards to PPC affiliates:

    - Keyword protection: should the merchant be allowed to see what the
    affiliates are bidding on? It's a trust issue. Merchants should trust that
    affiliates are not violating terms, and affiliates should trust that
    merchants aren't stealing keywords. I think something along the lines of:
    affiliate has the right to recover damages (or something) if it can be shown
    that a merchant intentionally took advantage and sought to achieve gain from
    the use of affiliate PPC data.

    - Trademark issues: affiliates should receive at least three days warning
    (or whatever is fair) before being terminated, in case there are instances
    of honest misunderstanding

    Thoughts?

  11. #11
    Advocate mellie's Avatar
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    Received via email:

    Indicate locking period for sales.
    Thanks for some great ideas, keep them coming.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  12. #12
    Outsourced Program Manager Chris -  AMWSO's Avatar
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    - Trademark issues: affiliates should receive at least three days warning
    (or whatever is fair) before being terminated, in case there are instances
    of honest misunderstanding
    I believe that in the case where the T&C is clearly written and defined and covers what is and what is not allowed, then anything over "you're caught you're terminated" is very generous.

  13. #13
    OPM and Moderator Chuck Hamrick's Avatar
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    Can some of you post what you consider to be great TOS examples. These should be public documents so don't feel it would be a privacy violation.

  14. #14
    Outsourced Program Manager Chris -  AMWSO's Avatar
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    Quote Originally Posted by Chuck Hamrick
    Can some of you post what you consider to be great TOS examples. These should be public documents so don't feel it would be a privacy violation.
    I'll see if I can dig up one of our better ones, unless someone posts one before I find one...and clear it of all the over complicated legal wording
    Affiliate Marketing by AMWSO. Skype - chrissanderson ::: TEL 1-720-336-1784 ::: www.amwso.net
    Join our affiliate programs :Vaper Empire, Iolo, Art of Tea, or See ALL our Programs here

  15. #15
    Affiliate Manager lisa4va's Avatar
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    Hi Guys,
    I have a "rough draft" TOS due next week and I was hoping some of you may be up for revisiting the template/guidelines idea.

    I want to focus on a good toolbar policy (Im thinking none is best) as well as some clearly defined ppc guidelines and ultimately create a TOS that not only protects the best interests of my merchant but is also affiliate friendly. (Don't we all)

    Is there a template available? Is anyone willing to share examples, resources or opinions on additional topics to cover in a general TOS. I have searched for something similiar throughout the forums but haven't had any luck. Am I missing a good thread somewhere that will give some pointers on starting literally from scratch?



    TIA
    Any advice is appreciated,
    Lisa4va

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