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September 14th, 2009, 10:40 AM #1Who is right when you dispute with an adversiter?
Without saying to much I wanted to know if a "network" (cj. linkshare, SAS) has the final say in a potential "violation" of an merchant affiliate agreement? Or if the merchant can just rule on their own.
We are a publisher who has an agreement, via a network, with a merchant. The merchant was fully aware of the traffic we sent and our business. Now, after the fact, they are trying to tell us that the sales we sent them are in violation of their agreement.
The question I have is simple. Trying to avoid hiring a lawyer, does the network have any obligation to arbitrate this dispute? I am sure that the merchant can read the terms and condition and interpreted it to meet their needs, just as I can to meet mine. Ultimately the merchant can withhold my earnings and change the program moving forward if they desire, I get that.
September 14th, 2009, 11:26 AM #2
Textbooks, I wouldn't count on any assistance from the networks. Most have made it very clear that they will not get involved in issues between you and a merchant unless you can show a clear violation of the law or the networks TOS.
You should also keep in mind that when they do get involved they are unlikely to take action against the merchant since the merchant is their customer. I know it seems unfair, but that's the nature of a conflict of interest.
None of this is to say that you shouldn't contact the network and file a formal complaint, if nothing else, your complaint is on record in case you do need to contact a lawyer in the future.
-rematt"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon
September 14th, 2009, 01:06 PM #3
- Join Date
- May 31st, 2006
- Houston TX
Most networks will stay out of it but you can still lean on the networks for support or pressure the merchant to correct the issue. Most network or if not all networks does not force an affiliate to stay in a program.
Getting a lawyer will lead it nowhere unless it is clearly against the law. If it is against the law, it would be much cheaper to get an AG to investigate.
My 2 cents, try to resolve it with the merchant or merchant + network behind close doors. If all fail, post on ABW
All the best.
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