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  1. #1
    Full Member
    Join Date
    January 17th, 2005
    Opinions sought on exclusive agreements
    I have been promoting a merchant who has an exclusive clause in their agreement. While it has been my best performing affiliation, it hasn't been enough to declare success for me.

    I've joined another merchant in the same niche over at SAS, who has more linking options and free datafeeds, competitive prices and such. I haven't posted their links yet. I think it's worth a try, but I'm not sure how to do it.

    Can I simply strike the current merchant's links for a month and replace them with the new prospect for a trial? Is that a violation of exclusivity too, even though the site will not be running them against each other? Would that be the end? Or a good idea?

    Looking for guidance, thanks.

  2. #2
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    The Pale Blue Dot
    Probably not a good idea. Depends on the exact wording of the text, but in any case it would probably be a violation of the spirit of the agreement.

    I would negotiate it with the merchant in question and bring it to their attention that this clause is no longer acceptable to you. Maybe they'll counter by offering you a better deal.
    Kids, you tried your best and you failed miserably. The lesson is, never try. -- Homer Simpson

  3. #3
    Internet Cowboy
    Join Date
    January 18th, 2005
    Sounds to me like you are being help prisoner by a non-converting merchant. A merchant who demands exclusivity when
    it hasn't been enough to declare success for me
    is wasting your time and resouces. I can't imagine an affiliate who owns his own web real estate being held hostage by a merchant who doesn't convert well enough to be successful. Just my opinion.

  4. #4
    notary sojac Herb ԿԬ's Avatar
    Join Date
    January 18th, 2005
    Central/Western NY State
    the exclusivity may be limited to showing no competitor's links on the same page. In that case you can try another at another site of yours.

    I had a travel place get bought out by a major player. When I questioned if they were going to change the TOS I found I couldn't promote them any more.

  5. #5
    Moderator MichaelColey's Avatar
    Join Date
    January 18th, 2005
    Mansfield, TX
    I refuse to work with merchants who require exclusivity.

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