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  1. #1
    ABW Ambassador delsol's Avatar
    Join Date
    March 29th, 2007
    legally required to remove link?

    A merchant is asking for her link removed or else legal action. The page with her link is in no way negative. We are just listing that store as part of a page of stores that sale certain products.

    Can a domain name owner legally require you to remove a link to there site?


  2. #2
    ...and a Pirate's heart. Convergence's Avatar
    Join Date
    June 24th, 2005
    Am not a lawyer.

    Legally? No.

    Can they sue you? Yes. This is America.

    Why would you want the hassle?

    BTW, obviously the merchant hasn't heard of all the fun things you can do with referrals. For example, they could redirect your link ANYWHERE (that could be embarrassing to you), or they could simple 404 it.

    Again, why would you want the hassle? Remove the link. You are obviously capitalizing on their name for your benefit...
    Salty kisses, Sandy toes, and a Pirate's heart...

  3. #3
    ABW Ambassador CCBerries's Avatar
    Join Date
    September 5th, 2008
    Had you previously applied to their program?, did you agree to their terms and conditions? Those two questions can change the answer.

    When you use another companies name and links you affect not only that companies web site but that companies affiliates. If your web site is a link farm it could affect the sites ranking, in other situations you could have ads for competitors surrounding the links. Having an incoming link on the wrong type of web site can do damage to that company.

    If you ever applied to their program you agreed to their terms, when you leave or are removed from the program there may actually be part of the contract (terms) that are still in force. If there are any terms that mention leaving the program or when you are declined those would defiantly apply and could possibly lead to a liability. Any of the companies creatives are the companies property, logos, banners, links from the network interface.. all belong to them and if you applied to the program you would have had to agree to the terms of the merchant (or that of the network).

    Really.. there is no reason to link to a merchant site, from an affiliate site, if they don't want you to. Even if you never applied to their program they can make your life pretty miserable if they want. It's much easier to remove the links as they requested and publish information on merchants you are an affiliate of.

  4. #4
    Shimmy Shimmy Bang Bang shimmy's Avatar
    Join Date
    January 18th, 2005
    If a company nicely asked me to remove a link, I would remove it right away within minutes. However, if they threatened legal action like they did to you, there would be no way in hell I would remove it. I'd send a not so nice reply back asking when to point out the law where it says I can't link to any site I wish. and also mention that my lawyer looks forward to them paying for his fees.

  5. #5
    OPM and Moderator Chuck Hamrick's Avatar
    Join Date
    April 5th, 2005
    Park City Utah
    If you are not compensated by them why is it important to list them. I may be able to answer that myself. If you are doing a list of Top 5 products for review then its important to have the Top 5 even if you don't connect to their affiliate program. Does that cover it?

  6. #6
    Affiliate Manager AffiliateWarrior's Avatar
    Join Date
    January 18th, 2005
    Florida USA
    shimmy, why would you link to someone you don't like, or are having issues with? Granted, their approach may not have been the best, but anymore, with the emphasis Google is placing on the numbers of third party links off site in their penalties, I'd conserve my links for the ones I am getting compensated for and have good relationships with. Linking for spite is silly.

    delsol - if you had an affiliate relationship with the merchant, check their agreement. It may contain language on removal of links in the event of a termination of the agreement.

    That said, I think the merchant in question would get a more positive response with a friendly request than with threats.
    Wade Tonkin - Affiliate Manager - Fanatics|||
    Email wtonkin // at //

  7. #7
    ABW Ambassador simcat's Avatar
    Join Date
    January 17th, 2005
    If it was me, I would remove their link like they asked, but leave references to them as is.

    And I would be sure to have information about how competitors are better, offer lower prices, etc. And links to their products and sites of course.

    This way, everybody gets what they want!

  8. #8
    Member WebReviews's Avatar
    Join Date
    February 5th, 2012
    Yeah I would have to agree. If you don't want the hassle just remove the link. I'm pretty sure there would be another website that would appreciate it more... Let us know what you do
    "You can't cross a sea by merely staring into the water." [COLOR="DarkRed"]-Rabindranath Tagore[/COLOR]

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