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  1. #1
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    Would you believe some eBay seller is pissed off and wants to report me to eBay spam control because their listings showed up on my website from the editor kit?

    Why would they even care when they are receiving free extra advertisement?

  2. #2
    ABW Ambassador
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    Don't worry about it. Person is an idiot complaining about getting free exposure. Ebay will tell the person it's not spam, that affiliates can use the editor kit as they see fit.

    Shake your booty

  3. #3
    affiliate emeritus missdonna's Avatar
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    quote:

    Why would they even care when they are receiving free extra advertisement?


    Have you asked them that?

    Is there something offensive about your site?

  4. #4
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    My site is totally unoffensive and just targets items you would find at any mall. Here is what they said:

    <>

  5. #5
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    oopss. here is what they said:

    -----
    I just sent this to Ebay Spam control. I did not give you permission to list me auctions on your site, Yahoo or any other site. That makes it look as my items are your listings. I do not like that!!
    -----

  6. #6
    ABW Ambassador Andy's Avatar
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    I'd just tell them that it's a keyword/keyphrase feed of live auctions and it comes directly from eBay!

    So, obviously eBay is aware that it's on your site. I wonder if they're up to something with that auction, and they don't want additional publicity?

    Geez, you wonder how some people are smart enough to get air from their nostrils into their lungs!

    Andy

    AFFILIATE MARKETING STANDARD: The site upon which the initial action to buy occurs is the site the commission is paid to. Period.

  7. #7
    ABW Ambassador ToughTurkey's Avatar
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    quote:
    ...list me auctions


    He sounds like a pirate! Harrrr!

  8. #8
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    There's absolutely nothing special about her auctions and I don't think she is deceiving buyers. She is a power seller also so I would think she would know better. Oh well. I pointed out links to the editor kit, etc.. I have a feeling she is so upset she won't listen to reason.

  9. #9
    ABW Adviser Panel Dynamoo's Avatar
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    Are they *thick* or what?

    I should just ignore them completely. You're effectively doing them a favour, after all.

    ________
    Please leave my port 137 alone.

  10. #10
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    Typical ebayer.

    ----
    -J
    Merchants: Do you realize that some of your affiliates are being paid commission on sales which you have paid for via PPC, offline advertising, and your targeted mailings?

  11. #11
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    Here's a hilarious quote from her last email after I explained the affiliate program info!

    ----------
    If you are Paid as you state for using my auction listings I want my part.
    I am saving this email to show my attorney!
    ----------

  12. #12
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    Haha. This is great. The old I'm going to 'show my attorney' comeback. Send her a nickel.

  13. #13
    Full Member drumminlogan's Avatar
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    That's hilarious. Maybe I should sue google for sending my sites traffic.

    Logan Thompson
    The Best Christian Affiliate Programs

  14. #14
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    Tell her they're not her listings, they belong to eBay.

    I wish I got an email like that...oh you could have so much fun *evil grin*

    Supras | Celicas

  15. #15
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    It would be funny if she turned out to be a pirate, roaming the seven seas while posting auction listings on ebay. From reading her comments I have to say that she sounds more like a leprechaun to me. If I were you, I would reply to her with an email mocking her leprechaun customs. Tell her that you'll remove the listings on your website if she gives you a big pot o' gold. Why don't these morons ever come after me? I could have so much fun.

  16. #16
    ABW Ambassador CrazyGuy's Avatar
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    There is a very short answer to this (though not nearly as much fun as you could be having with it):

    quote:
    I did not give you permission to list me auctions on your site


    Yes you did.

    Are you Crazy?

  17. #17
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    But wait folks theres more!

    --------------------------
    I have consulted him and Ebay. My listings are MINE! You need to read
    Ebays policies. In the meantime I am working on getting your site removed
    and you sued for unauthorized use of my auction listings to aquire pay as
    you stated in previous email.
    --------------------------

    And without me even replying she sent this 3 minutes later:

    --------------------------
    My listings are NOT yours to use to recieve any kind of bebefit from. I am
    sure most of the seller do not know what you are doing. You will hear from
    Ebay shortly and my Attorney.
    --------------------------

  18. #18
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    If this person sends you another email, and someone like this surely will, I would inform her that since she told you that she had contacted her attorney that any further contact must be handled through legal counsel and that your email constitutes a C&D order barring her from further direct communication. Then in your best BS Legalese inform her that any further attempt to contact will be deemed a violation of HR 9392c and FCC regulation BS4935 section H subsection 5, and would result in formal complaints being filed with both Federal and State law enforcement. Further her emails would be considered spam and would be reported to her ISP.

    Its all BS, but what the hell, she might not be able to sleep tonight.

    Jason
    “That’s the song I’ve been sangin for years, that’s the way the wild wind blows” – Robert Earl Keen

  19. #19
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    Wasn't it brought up here before that if someone threatens w/ a law suit, they must follow through, otherwise it would be illegal?
    If this is true & she's made the threat, could you make her pay your attorney's fees? So, you could "hire" your friend at $300/hr & split it?

    Supras | Celicas

  20. #20
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    Well I decided to take her advice and look at the eBay Policies:

    quote:
    Solely to enable eBay to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. eBay will only use Your Information in accordance with our Privacy Policy.


    Ebay has the right to use her content for publicity. Publicity in the form of, oh I don’t know, THE EDITOR KIT. Who could make eBay do this to their poor sellers? I wonder who it could be? Could it be SATAN??? Just one of those things that makes you go “hummmmmm”

    Jason
    “That’s the song I’ve been sangin for years, that’s the way the wild wind blows” – Robert Earl Keen

  21. #21
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    keep posting the emails . The world is full of strange ppl

    "The tragedy of life is not that it ends so soon, but that we wait so long to begin it."

  22. #22
    Chick with Brains Tracy's Avatar
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    Gee, her name isn't Gaye by any chance?

    ---
    Judge your success by the degree that you're enjoying peace, health, and love.

  23. #23
    Schlaumeier cumbrowski's Avatar
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    Yes, keep posting.. that is soo funny
    How are her feedbacks on eBay? So much stupidity can not have been unnoticed hehe.

    Carsten

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    If you can't move things, try harder!

  24. #24
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    You can use my Ebay listings anytime you would like

  25. #25
    ABW Adviser Panel Dynamoo's Avatar
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    The threat of bringing groundless legal actions is called barratry:

    quote:
    barratry
    n. creating legal business by stirring up disputes and quarrels, generally for the benefit of the lawyer who sees fees in the matter. Barratry is illegal in all states and subject to criminal punishment and/or discipline by the state bar, but there must be a showing that the resulting lawsuit was totally groundless. There is a lot of border-line barratry in which attorneys, in the name of being tough or protecting the client, fail to seek avenues for settlement of disputes or will not tell the client he/she has no legitimate claim.


    I read the T&Cs at eBay and I can't find mention of this, but making a listing at eBay implies that you authorise eBay to publish that listing as it sees fit.

    Any dispute is between the seller and eBay, it has nothing to do with you (assuming you are not breaking your affiliate agreement - which you are not).

    As NewcastleB says, you should insist that all further communication from her is done through legal counsel, and that you will treat all further direct communication as unsolicited email in support of the illegal practice of barratry, which will be reported to her ISP and/or any other service provider that she uses in connection with this activity.

    Do you fancy naming the seller?

    Yes, it does sound like Tom's favorite person, Ms Vaska.

    ________
    Please leave my port 137 alone.

    [This message was edited by Dynamoo on February 14, 2003 at 05:18 AM.]

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