Results 1 to 22 of 22
  1. #1
    Advocate mellie's Avatar
    Join Date
    January 18th, 2005
    Location
    Here
    Posts
    1,925
    Summary Draft of Affiliate Bill of Rights
    Here is what has currently been proposed for an Affiliate Bill of Rights. if you recall, not legally binding but essentially this will be a pledge or agreement to conduct a business relationship based on some basic concepts to protect all parties. Mostly it is clarity of policies and TOS, mutual respect and communication.

    Comments and changes?

    List has been written using http://forum.abestweb.com/showthread...8&page=1&pp=25 and emails received.

    1. Concise and complete Terms of Service - suggested use of AV TOS template or at least agreement to include all info
    2. Advance notice of changes and email update notification when Merchant Terms of Service change
    3. Advance notice of changes and email update notification when Network Terms of Service change
    4. Sufficient notice (14 days) of program changes (ie change commission rate or cookie duration, notice of program closing)
    5. Email notification when merchants go offline/have no funds
    6. Merchant, program manager, affiliate, and network agree to have valid email and respond within reasonable time (2-3? business days), Suggested use of back up email or alternate contact info.
    7. Merchant, program manager, affiliate and network agree to monitor tracking and inform each other of issues and concerns. All parties to work together to identify and correct issues.
    8. Affiliate will not be retroactively deactivated for any reason other than fraud.
    9. Legitimate commissions will not be reversed for any reason other than fraud. Reason for reversal will be clearly explained.
    10. Affiliate's content, business model and other information will not be shared or used for any purpose.
    Last edited by Chuck Hamrick; May 4th, 2009 at 03:31 PM. Reason: fixed a typo
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  2. #2
    OPM and Moderator Chuck Hamrick's Avatar
    Join Date
    April 5th, 2005
    Location
    Park City Utah
    Posts
    16,646
    Thanks Mellie!

    9. Legitimate commissions will not be reversed for any reason other than fraud. Reason for reversal will be clearly explained.
    Would like to add this in parenthesis (chargebacks excluded).

  3. #3
    Outsourced Program Manager Chris -  AMWSO's Avatar
    Join Date
    January 18th, 2005
    Location
    Bangkok
    Posts
    11,273
    Suggested use of back up email or alternate contact info.
    I'd change or to and
    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

  4. #4
    http and a telephoto
    Join Date
    January 18th, 2005
    Location
    NYC
    Posts
    17,708
    Agree with Chris, plus:
    1. Concise and complete Terms of Service - suggested use of AV TOS template or at least agreement to include all info
    Maybe add:
    1a. Concise and complete PPC Policy - suggested use of AV PPC template, with appropriate time frames for notification of changes etc.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  5. #5
    Affiliate Manager Matt McWilliams's Avatar
    Join Date
    July 21st, 2006
    Location
    Fort Wayne, IN
    Posts
    2,838
    Mellie this is great!

    Thanks for investing so much time into this

    On number 10, it might be advisable to add: "unless permission is granted in writing by the affiliate" or something to the effect. I have had 1 or 2 affiliates who did not mind, in fact, encouraged it..weird but true.

    About number 9...

    9. Legitimate commissions will not be reversed for any reason other than fraud. Reason for reversal will be clearly explained.
    Just to be clear, I am not sure this is a broad enough reason in lead generation.

    In lead gen, a bad lead may not be "fraud" in the sense that it was an attempt to mislead the merchant, but could just have bad contact info. I wonder if "fraud" needs to be expanded or explained for this purpose? I don't want someone to feel misled about reasons for reversals.

    Thanks again Mellie and everyone who has worked on this!
    Matt McWilliams
    Call Me At: (317) 825-8826 | Follow Me On Twitter: @MattMcWilliams2 | Connect With Me On LinkedIn

  6. #6
    Advocate mellie's Avatar
    Join Date
    January 18th, 2005
    Location
    Here
    Posts
    1,925
    Revised number 10.

    1. Concise and complete Terms of Service - suggested use of AV TOS template or at least agreement to include all information.
    2. Advance notice of changes and email update notification when Merchant Terms of Service change.
    3. Advance notice of changes and email update notification when Network Terms of Service change.
    4. Sufficient notice (14 days) of program changes (ie change of commission rate or cookie duration, notice of program closing).
    5. Email notification when merchants go offline/have no funds.
    6. Merchant, program manager, affiliate, and network agree to have valid email and respond within reasonable time (2-3? business days). Suggested use of back up email and alternate contact info.
    7. Merchant, program manager, affiliate and network agree to monitor tracking and inform each other of issues and concerns. All parties to work together to identify and correct issues.
    8. Affiliate will not be retroactively deactivated for any reason other than fraud.
    9. Legitimate commissions will not be reversed for any reason other than fraud. Reason for reversal will be clearly explained.
    10. Affiliate's content, business model and other information will not be shared or used for any purpose without affiliate's expressed written permisson.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  7. #7
    OPM and Moderator Chuck Hamrick's Avatar
    Join Date
    April 5th, 2005
    Location
    Park City Utah
    Posts
    16,646
    Matt good points on lead gen which can be a "different animal" than retail based programs.

    There has been some discussion about merchants rights in respect to affiliates. Should that be melded into the affiliates bill of rights or should it be a separate document, conversation?

  8. #8
    Advocate mellie's Avatar
    Join Date
    January 18th, 2005
    Location
    Here
    Posts
    1,925
    Quote Originally Posted by loxly
    Maybe add:
    1a. Concise and complete PPC Policy - suggested use of AV PPC template, with appropriate time frames for notification of changes etc.

    The TOS template or guideline will have all the detailed information, including PPC guidelines. Trying to keep the BOR concise. I will make sure this is in the TOS template/guideline.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  9. #9
    Advocate mellie's Avatar
    Join Date
    January 18th, 2005
    Location
    Here
    Posts
    1,925
    Will start new thread on merchant bill of rights.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  10. #10
    Advocate mellie's Avatar
    Join Date
    January 18th, 2005
    Location
    Here
    Posts
    1,925
    How would this be-

    9. Legitimate commissions will not be reversed for any reason other than fraud; and in case of leads invalid information. Reason for reversal will be clearly explained.

    or

    9. Legitimate commissions will not be reversed for any reason other than fraud or invalid lead information. Reason for reversal will be clearly explained.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  11. #11
    Believe knight01's Avatar
    Join Date
    August 14th, 2006
    Location
    Dayton, Ohio
    Posts
    1,815
    Quote Originally Posted by mellie
    How would this be-

    9. Legitimate commissions will not be reversed for any reason other than fraud; and in case of leads invalid information. Reason for reversal will be clearly explained.

    or

    9. Legitimate commissions will not be reversed for any reason other than fraud or invalid lead information. Reason for reversal will be clearly explained.
    I like the top version better, the bottom version could be interpreted by a retail merchant to be only about leads.
    Someday starts today
    Military Discounts

  12. #12
    Affiliate Manager Matt McWilliams's Avatar
    Join Date
    July 21st, 2006
    Location
    Fort Wayne, IN
    Posts
    2,838
    Quote Originally Posted by mellie
    How would this be-

    9. Legitimate commissions will not be reversed for any reason other than fraud; and in case of leads invalid information. Reason for reversal will be clearly explained.

    or

    9. Legitimate commissions will not be reversed for any reason other than fraud or invalid lead information. Reason for reversal will be clearly explained.
    I like the 2nd one for its easier read but the first for its clarity. How about:

    Legitimate commissions will not be reversed for any reason other than fraud or all invalid contact information on leads. Reason for reversal will be clearly explained.

    I added the words "all" and "contact" to prevent a merchant from reversing payment if the person puts that they have a 1996 Buick when its a 1997 by mistake. That is ridiculous. And if the phone is valid and the email bounces, who freaking cares? Give the affiliate credit! That is what a legit merchant does.
    Matt McWilliams
    Call Me At: (317) 825-8826 | Follow Me On Twitter: @MattMcWilliams2 | Connect With Me On LinkedIn

  13. #13
    OPM and Moderator Chuck Hamrick's Avatar
    Join Date
    April 5th, 2005
    Location
    Park City Utah
    Posts
    16,646
    Legitimate commissions will not be reversed for any reason other than fraud or all invalid contact information on leads. Reason for reversal will be clearly explained.
    Would change the last line to: Reason for reversal must be clearly explained.

  14. #14
    Affiliate Manager Alan Hamilton's Avatar
    Join Date
    March 13th, 2006
    Location
    Colorado / Florida
    Posts
    4,411
    Quote Originally Posted by Chuck Hamrick
    Thanks Mellie!Would like to add this in parenthesis (chargebacks excluded).
    If by chargebacks, you are referring to refunds, I salute it.
    Join the Spicy Aprons Affiliate program on ShareASale Visit us on Facebook www.facebook.com/spicyaprons Follow us on Twitter @Spicyaprons

  15. #15
    Believe knight01's Avatar
    Join Date
    August 14th, 2006
    Location
    Dayton, Ohio
    Posts
    1,815
    I thought I read somewhere about reversals for canceled orders or returned merchandise which would qualify for legitimate reversals since they are not fraud. At least not usually.

    Re leads:
    How does the affiliate know if all the contact information is invalid other than an email from the merchant?
    Someday starts today
    Military Discounts

  16. #16
    Affiliate Manager Alan Hamilton's Avatar
    Join Date
    March 13th, 2006
    Location
    Colorado / Florida
    Posts
    4,411
    Quote Originally Posted by mellie


    8. Affiliate will not be retroactively deactivated for any reason other than fraud.
    This could potentially open the door to a broad range of subjective claims on either side. If an affiliate knowingly violates the specific TOS (which is proposed to be included as one of the rights in this draft), I assume that this would be fraud as it was knowingly violated? If the affiliate violates the bill of rights by not providing a legitimate working email address at the time of signup, is that fraud? If a TOS includes a requirement that all web sites upon which an affiliate promotes the merchants program must be submitted for review and prior approval, and the affiliate knowingly ignores it, is that fraud?

    I wonder if it might be better stated to say something like:

    An affiliate will not be retroactively deactivated unless the affiliate knowingly violates the TOS or engages in any practice that is fraudulent, such as deceptive trade practices etc.?
    Join the Spicy Aprons Affiliate program on ShareASale Visit us on Facebook www.facebook.com/spicyaprons Follow us on Twitter @Spicyaprons

  17. #17
    Affiliate Manager Alan Hamilton's Avatar
    Join Date
    March 13th, 2006
    Location
    Colorado / Florida
    Posts
    4,411
    4. Sufficient notice (14 days) of program changes (ie change of commission rate or cookie duration, notice of program closing).

    This is sometimes not possible.

    A merchant may get an unannounced cost increase notification from a supplier, notification that particular product(s) have been discontinued without prior notice, a program manager can be given the axe by the merchant without prior notice, etc etc. Maybe it would be better to apply it as:

    Wherever possible, merchant / program manager will provide a minimum of 14 days prior notice of changes to commissions, program closing, cookie duration, or any other changes that could affect affiliates.
    Join the Spicy Aprons Affiliate program on ShareASale Visit us on Facebook www.facebook.com/spicyaprons Follow us on Twitter @Spicyaprons

  18. #18
    Advocate mellie's Avatar
    Join Date
    January 18th, 2005
    Location
    Here
    Posts
    1,925
    1. Concise and complete Terms of Service - suggested use of AV TOS template or at least agreement to include all information.
    2. Advance notice of changes and email update notification when Merchant Terms of Service change.
    3. Advance notice of changes and email update notification when Network Terms of Service change.
    4. Sufficient notice (14 days) of program changes (ie change of commission rate or cookie duration, notice of program closing).
    5. Email notification when merchants go offline/have no funds.
    6. Merchant, program manager, affiliate, and network agree to have valid email and respond within reasonable time (2-3? business days). Suggested use of back up email and alternate contact info.
    7. Merchant, program manager, affiliate and network agree to monitor tracking and inform each other of issues and concerns. All parties to work together to identify and correct issues.
    8. Affiliate will not be retroactively deactivated for any reason other than fraud.
    9. Legitimate commissions will not be reversed for any reason other than fraud or chargeback, and in the case of leads all invalid contact information. Reason for reversal must be clearly explained.
    10. Affiliate's content, business model and other information will not be shared or used for any purpose without affiliate's expressed written permisson.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
    Affiliate Advocacy
    NYAffiliateVoice Seery Writing

  19. #19
    Affiliate Manager Matt McWilliams's Avatar
    Join Date
    July 21st, 2006
    Location
    Fort Wayne, IN
    Posts
    2,838
    Quote Originally Posted by knight01
    Re leads:
    How does the affiliate know if all the contact information is invalid other than an email from the merchant?
    That is a tough one. The fact is in most lead gen areas it is just simply going to be around 1-5%. Certain types of marketing (i.e. incentives or co-reg) are going to have higher reversal rates.

    At HometownQuotes, we would give the affiliate the reason why in our own terms such as: "Called both phone numbers and sent email on 5/7/2009. Both numbers are disconnected and email bounced."

    They could then view reports on reversals by campaign and eliminate their high-reversal campaigns.
    Matt McWilliams
    Call Me At: (317) 825-8826 | Follow Me On Twitter: @MattMcWilliams2 | Connect With Me On LinkedIn

  20. #20
    Affiliate Manager Matt McWilliams's Avatar
    Join Date
    July 21st, 2006
    Location
    Fort Wayne, IN
    Posts
    2,838
    Mellie and others, there is one thing that has been on my mind about reversals.

    In regard to lead gen, it has to do with the customer being attracted to the lead app through a violation of the TOS.

    At HometownQuotes, for example, we did not allow affiliates to use incentive marketing. So, if the lead was generated through incentives, a violation of the TOS, then can that lead be reversed?

    The same could be said for a lead or sale for that matter generated by a violation of the keyword bidding rules, etc.

    Is this presumed or does it need to be said?

    Is this better suited for the merchant Bill of Rights thread?
    Matt McWilliams
    Call Me At: (317) 825-8826 | Follow Me On Twitter: @MattMcWilliams2 | Connect With Me On LinkedIn

  21. #21
    OPM and Moderator Chuck Hamrick's Avatar
    Join Date
    April 5th, 2005
    Location
    Park City Utah
    Posts
    16,646
    This is a tough one Matt. If you are getting paid for the lead then you should pay the affiliate. But, if they are clearly violating the TOS and you got paid do you pass a commission on to the affiliate? My answer is NO if you have ended the relationship. This then begs the question, if the affiliate generated leads or sales within the TOS and the merchant deactivates the affiliate, can they expect payment? I answer YES and then the Affiliate Voice would put pressure on the merchant in defense of the affiliate.

  22. #22
    Affiliate Manager Matt McWilliams's Avatar
    Join Date
    July 21st, 2006
    Location
    Fort Wayne, IN
    Posts
    2,838
    Quote Originally Posted by Chuck Hamrick
    This is a tough one Matt. If you are getting paid for the lead then you should pay the affiliate. But, if they are clearly violating the TOS and you got paid do you pass a commission on to the affiliate?
    I say no. If the affiliate violates the TOS, particularly through a keyword bidding violation, then it may NOT have made the merchant any money that it otherwise would not have.

    The same is true for an incentivized lead that violates the TOS. While the merchant makes money technically, such leads require tons of investigation, staff time, and cause problems in the lead quality, which cause problems down the road. The affiliate should not be paid for such a problem.

    Quote Originally Posted by Chuck Hamrick
    This then begs the question, if the affiliate generated leads or sales within the TOS and the merchant deactivates the affiliate, can they expect payment? I answer YES and then the Affiliate Voice would put pressure on the merchant in defense of the affiliate.
    Definitely they should be paid. All good leads and sales should be paid for, regardless of the status of the relationship.
    Matt McWilliams
    Call Me At: (317) 825-8826 | Follow Me On Twitter: @MattMcWilliams2 | Connect With Me On LinkedIn

  23. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. Merchant Bill of Rights
    By mellie in forum Midnight Cafe'
    Replies: 32
    Last Post: November 3rd, 2009, 06:35 AM
  2. Under Construction -- Affiliate Bill of Rights
    By Rhea in forum Midnight Cafe'
    Replies: 49
    Last Post: April 28th, 2009, 03:38 PM
  3. Is there an Affiliate Bill of Rights?
    By HardwareGeek in forum Midnight Cafe'
    Replies: 4
    Last Post: August 28th, 2004, 11:18 AM
  4. Lost copy of the Bill of Rights Discovered
    By appbizz in forum Midnight Cafe'
    Replies: 2
    Last Post: March 19th, 2003, 08:38 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
  •