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  1. #1
    ABW Ambassador
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    quote:
    Dear Valued LinkShare Affiliate,

    It's a new year, and with it comes a new look on the LinkShare website.
    Beginning January 11, 2002, when you log in, you'll find LinkShare has a
    new look that has been designed with you in mind.

    In addition, when you log in to LinkShare on January 11th, you'll be
    asked to confirm your acceptance of our new affiliate membership
    agreement. You need to do this by January 25th.

    Please take a few moments to review the new LinkShare Affiliate
    Membership Agreement posted at http://www.linkshare.com/affiliateagreement.shtml
    Of course, there's still no cost to you to be an affiliate, and
    you'll always get the tech support you need absolutely free.

    - By continuing to use The LinkShare Network(R), B2B LinkShare(SM), or
    LinkShare UK(SM) as an affiliate on or after January 25, 2002, you will
    be deemed to have accepted the terms of the new affiliate membership
    agreement.
    - If you are a member of any of these networks and do not wish to accept
    the new agreement once it is effective on January 25, 2002, you may
    withdraw from the network by deactivating your account in the affiliate
    interface.

    If you have any questions, please e-mail our Customer Service center at
    contact@linkshare.com. Thank you for your participation in The
    LinkShare Network(R). Here's to a great 2002!

    Sincerely,


    Stephen Messer
    Chairman, CEO and Co-Founder, LinkShare


    I havent "woke up" yet. Is there anything different in this agreement? Maybe, like affiliates will get paid - lol [img]/infopop/emoticons/icon_biggrin.gif[/img]

  2. #2
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    Scanning it...

    Oh, here is something interesting:

    Section 6.5 prohibits displaying a network link "by means of any browser extension or other software or technology which is downloaded to or installed on the Web user's personal computer or other Web access device and which serves advertisements, promotional material or links as an overlay upon, a substitute for content in, as a "pop-up" keyed by content or key words on a Webpage requested or viewed by such Web user;"

    I don't know if that was in there before, but it seems to prohibit software like Whenu and Gator.

    I wonder if there is anything in there allowing exceptions to this...

    I guess it would be too much to have asked them to highlight the changes from previous agreemnt.

  3. #3
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    If LinkShare holds to this my opinion of them will be going up. Even though CJ has abdicated its chance to show some ethical leadership here, maybe we can hope for some kind of "me too" statement??

  4. #4
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    I told you all that Messer was ACTIVELY doing something about WhenU ... This is IT!

    quote:
    Originally posted by Haiko:
    ALL,

    I have spoken to quite a few MAJOR affiliate managers who work with Linkshare who have told me "unofficially" that they and Messer will be "forcing" WhenU not to pop up on any affiliates site. Now this plan would prevent them from showing FTD pop ups on 1800Flowers or orbitz pop ups showing up on my Travel site! I think the plan is a good method to curtail them (keeping them in the [ad] network) allows for some control ... for if they weren't WhenU would make private deals for the Save Now pop ups and that (actionable) would cost all involved way too much.



    Good Job Messer ... Checkmate CJ!

    Haiko

  5. #5
    Newbie
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    Now if Steve will only sue the hundred or so deadbeat merchants from two years ago thatg stiffed his affiliates for millions and forced every merchant to have a 60 day cookie
    we might get somewhere.

    And help recover money lost last year from stolen traffic and failure to report sales and leads.

    And what does it all mean - is he going to drop a merchant if they refuse. $2,000 is too grand and he is an attorney.

  6. #6
    Resident Genius and Staunch Capitalist Leader's Avatar
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    When I get my checks from early last year I will be more impressed...

  7. #7
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    So does anyone know WHO at Linkshare we can write to thank for this? I AM impressed.

  8. #8
    ABW Ambassador Packy's Avatar
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    Nice to see a new Leader in Affiliate Marketing in the makings. Brings a tear to my eye.

    I hope they have changed their search for merchants system there. I don't think I have ever gotten result from engine.

    It would also be nice if they would combine merchant payments like CJ into one check. That would make me use more merchants there that I know will take forever to get a check from. They still have a long ways to go but at least their heading in the right direction.

  9. #9
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    quote:
    Originally posted by Cedric:
    So does anyone know WHO at Linkshare we can write to thank for this? I AM impressed.


    There were many Very Honorable Affiliate Managers who helped to spearhead this initiative, I can forward some names offline if you'd like, but the main person to "thank" is Stephen Messer smesser@linkshare.com

    Haiko

  10. #10
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Taking exerpts from Steve's Cashpile discussions last year ..I can see he's accepting the viewpoints of affiliates. Linkshare takes action and hopefully will do the #1 task for Y2002 -combine commissions into one check to recruit more affiliates and win back those that dropped out over deferred payment issues.

  11. #11
    ABW Ambassador
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    Not so fast with the applause. Read these paragraphs:

    "3.5. You agree that, during the applicable Restricted Period (as defined below), You shall not maintain or create any Link outside of a Network with any Network Merchant on terms that provide for payment to You of compensation for levels of Web user activities attributable to such Link, other than a Qualifying Link through the relevant Network or otherwise enter into any agreement or arrangement with any Network Merchant intended to reduce the fees that would otherwise be payable to LinkShare by such Network Merchant. The term "Restricted Period" means, with respect to any Network Merchant, the period beginning on the effective date of this Agreement and ending on the first to occur of (i) one year after the date You cease to be a member of the relevant Network in accordance with this Agreement and (ii) the date such Network Merchant is entitled, by the express terms of its Merchant Agreement with LinkShare, to form links with Network Affiliates outside of the relevant Network without restriction. You may request LinkShare to inform You of the date referred to in clause (ii) of the immediately preceding sentence with regard to any specific Network Merchant by e-mailing LinkShare at notices@linkshare.com"

    And this one:

    "5.1. LinkShare reserves the right to take, at any time, any of the following actions (each a "change"):


    Add to, remove or otherwise change the terms or provisions of this Agreement or replace this Agreement in its entirety.

    Add, remove, suspend or discontinue any aspect of any Network, limit, restrict, condition or deny access to or use of all or part of any LinkShare Network or otherwise change any Network or Your right to use any Network.

    Charge fees for continued access to or use of any Network or any aspect thereof or any services that LinkShare provides or makes available to You."

    This tells me their agreement allows Linkshare to hold both merchant and affilate hostage via a "restriction period" while they jack up fees or begin charging the affiliates too.

  12. #12
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Wiznot,

    Welcome!

    Paragraph 3.5 is to preclude WhenU or any other ParasiteWare™ from making any deals (outside of LinkShare) with any [of their] merchants.

    That's what I see! -- That was, also, "part" of the "Deal" [img]/infopop/emoticons/icon_wink.gif[/img]

    Paragraph 5.1 is usual legalese.

    Haiko

  13. #13
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    Thanks for the clarification, Haiko, I sure hope they aren't laying groundwork to start charging affiliates. And I sure wish they would explain these things in their communications to affiliates to stave off any paranoia their legalese can create.

  14. #14
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Whiznot,

    Linkshare [or any ad network] would be dead within three days if they "charged" affiliates! Although it seems like they are already charging us though with faulty tracking :P

    Haiko

  15. #15
    Full Member
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    A big thumbs up to Linkshare for taking this stance on scumware. Provided tracking is OK I'm certainly considering promoting Linkshare now - the big plus would be consolidated cheques though.

  16. #16
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    (edited because I shouldn't write messages while sleeping)

    [ 01-10-2002: Message edited by: Cedric ]

  17. #17
    Newbie
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    Everyone is concentrating on the SCUMWARE issue. What about the topic below? Did we discuss this on another thread?

    Our Use or Disclosure of Information About You

    "LinkShare does not warrant or guarantee that your private communications and personally identifiable information shall not be disclosed to third parties...

    "LinkShare may use and make available to... other third parties any information about you that you provide to us or that we otherwise obtain, including your identity, domain names and URLs, postal and e-mail addresses, telephone number and other contact information and information about the kinds or volumes of business and activities that you conduct through any Network...

    Not content with wanting the right to sell information about the business you do with LinkShare and its merchants, LinkShare also
    has permission to sell your e-mail address.

    The agreement says:

    "...LinkShare may make its database of user information (including email addresses) available to other persons for promotions of and solicitations for their goods or services that may be of interest to the LinkShare community.

    "You understand that your uploads and transmissions may be intercepted and used by third parties, and that all the risk associated therewith is solely yours."

    So if you're promoting a LinkShare merchant, it now claims the right to tell other companies how much you're earning and how you
    do it. It can also sell your e-mail address.

    What about that? Still want to promote LS?

    SOURCE: #191 Associate Programs Newsletter: Something different for you

  18. #18
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Thank God the parasite/scumware guys have to live with the same poor conversions ratios and lack of reporting sales integrity of these network merchants. I respect Messer's move and legal vision to cut the revenue bandits from jumping on the LS bandwagon. LS doesn't want or need the PR flack when these guys get exposed in the courts. Heaven knows they ( the revenue bandits) will co-register/share revenues with shady affiliates using their ID#s so that game will continue.

    LS is welcome to share my information/stats as the prime example of a typical affiliate. It won't get them much traction with merchants or recruiting new affiliates. In 1998 I had 84 LS merchants and made 90% of my money off of LS. In 1999-2000 I had 260+ LS merchants and only made 65% of my revenue from them. I did not get paid all this revenue since 108 of those went bellyup wiping out my account balances. Revenue during Y2000 was 65% LS -25% CJ remainder to BeFree. Revenue in Y2001 was 12% LS and 31% BeFree ( LS & BF still got 72% of all the clicks) with 67% of earnings coming from a handful of CJ merchants. Something about reporting sales integrity....goes here.

    My Cybermall's pre sales content and pure banner -text and product links are the perfect venue for judging a networks performance and merchants that sell products.

    If they don't do well at EcomCity.com they invariably go belly up. No surprises to me about The Outpost when 6700 clicks produced a net revenue in Y2001 of MINUS 78 cents. No surprises when Martha Stewart -FingerHut -Ashford -LL Bean- ICE- Delias*- Franklin Mint -Ace Hardware's-Ourhouse -Playboy MicroWarehouse - PcConnections and many more will no longer have to worry about paying their affiliate managers salaries or back affiliate commissions, since they couldn't make it on my sites targeted shoppers. I have never been approached by any affiliate manager for a private deal since 1997. Except for Andy Rodgregez at TigerDirect my only communication ( outside several clients who run affiliate programs) with affiliate managers is over begging for back payment or fixing broken/non reporting links. The cause for concern Steve Messer needs to address is why a loyal LS affiliate tripling site traffic yearly has to look elsewhere for revenue sources.

    Maybe actually devulging the merchants at LS who actually convert traffic should be priority #1 ..then consolidated payments.

    [ 01-17-2002: Message edited by: EcomCity.com ]

  19. #19
    ABW Ambassador
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    Webmaster Mike, I concur with your findings. I know how to drive buying traffic. I can tell in just a few days if a new merchant is going to make it. The percentages are low, but there are some clear winners out there.

    The real time stats, merchant performance reports and quick payments at CJ help a lot. As a result, my CJ revenues are now around 1/3 of my total, up from a small fraction six months ago. Both BeFree and Linkshare are seeing their share drop on my books. They should both learn how to foster better deals for affiliates from CJ.

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