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  1. #1
    notary sojac Herb ԿԬ's Avatar
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    Question as an affiliate, am I supposed to be bothered by:
    "Except as otherwise set forth in this Agreement, Affiliate shall not use Xxxxx's name, trademarks, service marks or any derivations or variations thereof in any manner, including without limitation, (a) in metatags, (b) in hidden text or source code or (c) in Affiliate’s domain name or any other part of Affiliate’s URL."

    I can see (b). I can't see (a) or as a page name or if I made a directory of their related product pages. (c)

    Am I right? If so I'm going to drop these merchants.





    Last edited by Herb ԿԬ; June 2nd, 2011 at 10:54 AM.

  2. #2
    Comfortably Numb John Powell's Avatar
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    I'm seeing this more and more now where someone thinks they can micro-manage everything. If I don't have much vested in the merchant I just ignore it.
    I can see (b). I can't see (a) or as a page name or if I made a directory of their related product pages. (c) in Affiliates domain name or any other part of Affiliates URL.
    If I'm giving them a good bit of effort (a) & (c) will have to be discussed, but discussion is tough with the clueless and frustration is not good in large doses.


  3. #3
    ...and a Pirate's heart. Convergence's Avatar
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    Yes, seeing that a lot and there are ways to market a merchant's products - but it does make it harder. Typically we put merchants like this on the back burner and look for a replacement in the niche...
    Salty kisses, Sandy toes, and a Pirate's heart...

  4. #4
    OPM and Moderator Chuck Hamrick's Avatar
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    I don't condone this with merchants I manage and argue against it. When I hear this my first response is why have an affiliate program?

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  6. #5
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    Quote Originally Posted by Herb ԿԬ View Post
    "Except as otherwise set forth in this Agreement, Affiliate shall not use Xxxxx's name, trademarks, service marks or any derivations or variations thereof in any manner, including without limitation, (a) in metatags, (b) in hidden text or source code or (c) in Affiliate’s domain name or any other part of Affiliate’s URL."

    I can see (b). I can't see (a) or as a page name or if I made a directory of their related product pages. (c)

    Am I right? If so I'm going to drop these merchants.
    Yep, I'm seeing this more and more and I'll to know who's the idiot behind that.
    If it's normal to don't use the merchant name in Affiliate’s domain name, it's stupid to speak of source code. It means you can't use the merchant name in your content.
    The people who wrote that don't have a clue about what they are doing and should not start an affiliate program.
    Last edited by Zeus; June 3rd, 2011 at 01:09 AM.

  7. #6
    The "other" left wing davidh's Avatar
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    They're protecting their trademark from people who want to ride on their coattails.

    What is wrong with somebody prohibiting use of their trademark in meta/hidden source code and in domain names?
    CUSTOM BANNERS by GRAPHICS CANDY ~ Banner Sets and Website Graphics ~ Professional design, reasonable rates
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  8. #7
    notary sojac Herb ԿԬ's Avatar
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    Quote Originally Posted by davidh View Post
    They're protecting their trademark from people who want to ride on their coattails.

    What is wrong with somebody prohibiting use of their trademark in meta/hidden source code and in domain names?
    I'm not arguing against that.

  9. #8
    Analytics Dude Kevin's Avatar
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    (c) in Affiliate’s domain name or any other part of Affiliate’s URL."
    The second half of (c) is tough to swallow. I can see the domain dame, but as a directory or folder, or product page, I don't get it.

    I understand the intent. It's the execution that's lacking.
    Kevin Webster
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  10. #9
    Full Member gcarson's Avatar
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    Quote Originally Posted by Kevin View Post
    The second half of (c) is tough to swallow.
    Its ridiculous. Many affiliates would have to change their templates just to be in compliance with this merchant.

    It reminds me of an email I received a few months ago. Some merchant, who I wasn't affiliated with, emailed me through one of the networks. I apparently was ranking for their brand name and they didn't like that I was 'stealing' their traffic. They told me to remove the page that was ranking for their name. I kindly laughed and ignored the request.

  11. #10
    Quote Originally Posted by gcarson View Post
    I kindly laughed and ignored the request.

    Very wise to avoid any communication on that one. No need for the aggravation, and their request is not reasonable.

    Sometimes, doing nothing is the best thing to do.

  12. #11
    Affiliate Marketing Consultant Andy Rodriguez's Avatar
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    Hi Team,

    First of all, Thanks to Herb for emailing me about this thread ...

    Second, I want to assure you there is no one at Checks Unlimited or at Deluxe sitting around and waiting to find a directory folder named "Checksunlimited" and waiting to deactivate any affiliate ... that's not going to happen.

    By the same token though, they don't want affiliates building niche sites using the registered trademarks or variations of those marks in their URL - that is between the www. --- .com, that is blatant and a violation. I'm sure you can't argue against that ...

    This is what happened ...

    As many of you know, the nexus tax situation is still ongoing and everyday more states are passing legislation that affects merchants. Checks Unlimited is one of those merchants that is affected. The last time we updated the SAS TOS was in May of last year, plenty has changed and we had to update it to include the new states etc.

    I have reached out to ChecksUnlimited and have pointed to this thread, it seems another version of the a TOS has been used and additional language is contained on that version. We are looking onto that as we speak ..

    I do want to reasure you though that the TOS was changed only to reflect the additional states that have the nexus effect on the merchant and not for any other reason.

    As soon as I get further clarification, i will post again ...

    As always, thank you for your support and dedication to the program ...
    Andy Rodriguez Consulting, Affiliate Program Management and Consulting Services, Since 2001
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  14. #12
    Advocate mellie's Avatar
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    Quote Originally Posted by Herb ԿԬ View Post
    "Except as otherwise set forth in this Agreement, Affiliate shall not use Xxxxx's name, trademarks, service marks or any derivations or variations thereof in any manner, including without limitation, (a) in metatags, (b) in hidden text or source code or (c) in Affiliates domain name or any other part of Affiliates URL."


    My response includes no real merchant names and is not in regards to any merchant mentioned above. Also not intending to speak on behalf of any merchant, only giving a possible reason for the increasing frequency of the new restrictions.

    Some merchants are adding terms to restrict or prohibit the use of their name to limit the appearance of solicitation on their behalf. This is critical in many states; many have definition of nexus as including solicitors. This is not limited to new nexus laws and definitions, many states have existing laws that include solicitation.

    For example, as an affiliate I can promote a pair of shoes and include a link to a merchant (with no merchant name) - fine in many states. If I promote a pair of shoes and include mercant name - not fine as I may be considered soliciting on behalf of the merchant.

    Think of the NY situation. I can say buy this toy but I cannot say buy this toy at Bob's store.

    More than likely you will see more of these restrictions in affiliate-merchant agreements. States are being agressive and merchants are following the advice of their lawyers/accountants and adding the restrictions to reduce the likelihood of nexus being established on the basis of solicitation by affiliates or publishers.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  16. #13
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    Quote Originally Posted by davidh View Post
    They're protecting their trademark from people who want to ride on their coattails.

    What is wrong with somebody prohibiting use of their trademark in meta/hidden source code and in domain names?
    Prohibiting names in the domain is a valid trademark control. The other points prevent the promotion of the trademark which is in effect the point of allowing affiliates. These rules are ignorant and in now way offer actual trademark protection. Providing an affiliate program should be focused on amplifying the "coat-tails" and expanding their brand. I will not work with any program that has these silly policies. I think we are seeing it more since more brands are coming to market online with little or no experience. Why would I want to promote a product that does not allow the use of the actual brand. Duh......
    Last edited by ACL; June 4th, 2011 at 12:12 PM.

  17. #14
    notary sojac Herb ԿԬ's Avatar
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    Thumbs down
    and another one: hellolife.net (SAS)

    email came today -- I dropped them today.

    "- Effective August 18, 2011: Affiliates(new and existing) may not include HelloLife, a product name, or HelloLife/product name variations within any part of their domain name(s), URL(s), Title meta-tag(s), Description meta-tag(s), and Keyword meta-tag(s).
    Any affiliate found violating this guideline will not receive commissions for sales they refer."

  18. #15
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by Herb ԿԬ View Post
    and another one: hellolife.net (SAS)

    email came today -- I dropped them today.

    "- Effective August 18, 2011: Affiliates(new and existing) may not include HelloLife, a product name, or HelloLife/product name variations within any part of their domain name(s), URL(s), Title meta-tag(s), Description meta-tag(s), and Keyword meta-tag(s).
    Any affiliate found violating this guideline will not receive commissions for sales they refer."
    This is only a slight modification of existing TOS to the Vetionx Pet Health program. It was this as of May 12, 2011:

    - Effective May 12, 2011: Any affiliate accepted into the Vetionx Pet Health program after May 12, 2011 may not include Vetionx, a product name, or Vetionx/product name variations within any part of their domain name(s), URL(s), Title meta-tag(s), and Description meta-tag(s).
    Any affiliate accepted into the Vetionx Pet Health program prior to May 12, 2011 may not include any new product names(added to the program after May 12, 2011) or variations within any part of their domain name(s), URL(s), Title meta-tag(s), and Description meta-tag(s).
    Any affiliate found violating this guideline will not receive commissions for sales they refer.
    Appears to now include affiliates who joined BEFORE May 12, 2011.

    Just an FYI...
    Salty kisses, Sandy toes, and a Pirate's heart...

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