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  1. #1
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    Disclosure text on a .CA domain?
    I have just been informed by an American merchant that they are now requiring Canadian affilates to add Affiliate Disclosure text on their .CA domains (for links/landing pages for their Canadian branded site).

    Is this legit? Last time I checked, the FTC's reach stopped at the Canadian border. If it is legit, should it not be detailed in the program TOS/Special Terms and Conditions in CJ (in this case)?

    The pages in question are not even review pages - just vanilla landing pages.
    Last edited by CanadianDave; June 14th, 2011 at 10:18 AM.
    When the only tool you have is a hammer - everything looks like a nail.

  2. #2
    The "other" left wing davidh's Avatar
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    The fact that the site is owned by a Canadian and hosted on a ".ca" domain does not stop the site from reaching and serving American customers. The merchant just wants to cover their own @ss. Did you see what happened to Legacy Learning last year?
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  3. #3
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    Quote Originally Posted by davidh View Post
    Did you see what happened to Legacy Learning last year?
    Yes, that was awful!

    I am asking this because both my site and and the merchant (Merchantname.CA) site only serve Canadian traffic - Americans cannot make use of the site - they have their own Merchantname.COM site.
    When the only tool you have is a hammer - everything looks like a nail.

  4. #4
    ...and a Pirate's heart. Convergence's Avatar
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    Interested in knowing how the FTC could enforce anything outside it's borders...
    Salty kisses, Sandy toes, and a Pirate's heart...

  5. #5
    The Seal of Aproval rematt's Avatar
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    Perhaps the merchant is attempting to enforce their own set of standards. Nothing wrong with setting the bar a little higher than required I suppose. However, regardless of their motivation, they should outline the requirements for an affiliate disclosure statement in their TOS and possibly provide examples of acceptable verbiage.

    -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

  6. #6
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by CanadianDave View Post
    I have just been informed by an American merchant that they are now requiring Canadian affilates to add Affiliate Disclosure text on their .CA domains (for links/landing pages for their Canadian branded site).
    I suspect the American merchant is covering it's butt...
    Salty kisses, Sandy toes, and a Pirate's heart...

  7. #7
    ABW Ambassador
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    Quote Originally Posted by rematt View Post
    Perhaps the merchant is attempting to enforce their own set of standards. Nothing wrong with setting the bar a little higher than required I suppose. However, regardless of their motivation, they should outline the requirements for an affiliate disclosure statement in their TOS and possibly provide examples of acceptable verbiage.
    -rematt
    This is what I was wondering - as a Canadian, I do not have any experience with this type of request. I think that I may be getting "singled-out" by the merchant. All I have is an email from them - with the US Disclaimer package. There is nothing in either the .ca or .com TOS that addresses disclaimers. After reading the CJ TOS for this merchant I see this:

    "This Agreement and the agreement that the Affiliate has entered into with CJ as part of the Affiliate Program represents the complete agreement and understanding between the parties, and supersedes any other oral or written communications or understandings between the parties regarding the subject matter hereof. As between MerchantName.ca and the Affiliate, any conflict between the terms of this Agreement and the terms of the agreement that the Affiliate has entered into with CJ, shall be governed by the terms of this Agreement. No amendment or modification to this Agreement will be binding upon MerchantName.ca unless agreed to by an authorized representative of MerchantName.ca"

    I guess I am within my rights to ask them to put it in the TOS before I place any such disclaimer on my sites.
    When the only tool you have is a hammer - everything looks like a nail.

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