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  1. #1
    Full Member gcarson's Avatar
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    November 13th, 2009
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    Certification of Non-Solicitation
    I've received from a few merchants a request to sign a certification of non-solicitation. In the amendment, it states:

    The Affiliate will not engage in any solicitation activities in Pennsylvania on behalf of Vitamin World and/or its affiliates or subsidiaries. In particular, the Affiliate will not attempt to refer business to Vitamin World and/or its affiliates or subsidiaries by engaging in any form of solicitation on Vitamin World’s behalf in Pennsylvania, including but not limited to the following activities: distributing flyers, coupons, newsletters and other printed materials or electronic equivalents to refer business to Vitamin World and/or its affiliates or subsidiaries; verbal solicitation (e.g., in-person referrals) within Pennsylvania; initiating telephone calls from Pennsylvania; sending emails from Pennsylvania in an attempt to refer business to Vitamin World and/or its affiliates or subsidiaries; or other means of solicitation for Vitamin World that specifically target Pennsylvania residents or existing customers or potential customers located in Pennsylvania.

    So, as a PA resident, as long as you don't 'specifically' target PA residents you're good? Or do you have to now ask a visitor to confirm they are not a PA resident before letting them visit your site and/or keep sending them emails?

  2. #2
    ...and a Pirate's heart. Convergence's Avatar
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    From what I've been reading about PA, my understanding is as long as you are not TARGETING Pennsylvania residents from WITHIN Pennsylvania you are "OK".

    Meaning if a PA visitor uses a search engine, goes to your site, and then to the merchant, that is acceptable.

    If you tell a friend in PA to visit your site and they go to a merchant in PA, that is NOT acceptable.

    If you use PPC to specifically target PA residents - that is NOT OK.

    If you use general PPC to attract visitors - that is OK.

    Basically you can't attempt to intentionally attract PA residents.

    This is only my understanding and my interpretations have the possibility of being incorrect...
    Salty kisses, Sandy toes, and a Pirate's heart...

  3. #3
    Full Member gcarson's Avatar
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    That's the way I read the amendment. That to me makes it the most fair for PA affiliates but I'm not sure how many merchants are willing to take that risk? I've only seen it from a few merchants.

    It would be nice if affiliates could sign 1 (perhaps for each network) that can be used for any merchant vs signing one for every merchant that requests it... but happy to sign it for each if it keeps me in programs.

    Edit: I guess that means I can't click my own links anymore!

  4. #4
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by gcarson View Post
    Edit: I guess that means I can't click my own links anymore!
    Sure you can click - just can't buy from yourself
    Salty kisses, Sandy toes, and a Pirate's heart...

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