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  1. #1
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    Can a publisher block in-state traffic and rebut nexus?
    Hi,

    First of all, thanks to Melanie for the excellent conference call today. I was on the road, listening on my cell, but when I got home, I started to research rebutting nexus. I'm still a bit fuzzy on the concept.

    Can anyone help with these questions?

    1. Can a publisher (as opposed to a merchant) rebut nexus?

    2. Would doing so require me to block in-state traffic to my site, and is that even possible?

  2. #2
    Advocate mellie's Avatar
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    The answer to your first question is the easy one.
    Only merchants can rebut the presumption of nexus. Only a merchant has nexus ("physical presence"). Affiliates can create, or contiribute to creating a nexus, but they can't rebut it, it's not their's to rebut.

    Number 2 is a bit harder, most likely this will have to be presented to a NC sales and use tax attorney.

    Remember, only a NC Sales and Use tax attorney that you retain can give you advice. We can only give information and suggestions to point in the right direction.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  3. #3
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    Well, even if I could technically pull off number two, I doubt that I'm big enough game for Amazon to let me stay in the system. Thanks though!

  4. #4
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    I posted a response on the issue of a web publisher blocking or throttling in-state traffic, in this discussion thread (post #8)

  5. #5
    Believe knight01's Avatar
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    This is possible through ip lookup and then re-direct based on results, however the reliability is always subject to concern as it's not always accurate.

    Also, would a merchant want to accept the risk and costs involved in monitoring an affiliate setup of this type? Probably not.
    Someday starts today
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  6. #6
    ABW Ambassador Georgie Peri's Avatar
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    Question
    Wouldnt Networks be able to provide this service?


    If a user clicks on a affiliate link to a merchant who has a nexus issue .. couldnt the network just redirect it to a different page or some info screen?
    OpA! Giasou Ti kanies!

  7. #7
    Advocate mellie's Avatar
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    Quote Originally Posted by Magi
    Wouldnt Networks be able to provide this service?


    If a user clicks on a affiliate link to a merchant who has a nexus issue .. couldnt the network just redirect it to a different page or some info screen?
    From a technical standpoint, Networks can easily do it, if they want. They and merchants will need to run it by their legal. I do not know if nexus is removed simply because there is no commission paid because the sale generated by the affiliate still exists. It will be necessary to retain a sales and use tax attorney in each state to examine this proposal. We can not give advice/opinion on this. Every state will /may have a different interpretation of the law. What works in one state may not work in another.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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