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  1. #1
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    It's 8.42am. today when I checked my e-mails I saw an e-mail that I wish I would never see. Last month I joined an affiliate program called freemoneymakingmagazine.com where you get paid $1/lead. The leads must be from USa&Canada.
    And during this month I've made $800!!!! And to make this money I used an incentive advertising company (of course I asked permission at freemoneymakingmagazine.com by e-mail before I started).
    Now they deleted my account and decided not to send me any money!!

    HELP ME!! I"M LOST.... what can I do??

  2. #2
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    do you have documentation of their approval?

    did they specify that incentives were why you were deleted?

  3. #3
    Affiliate Manager Lionstail's Avatar
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    To figure out what your rights are you should carefully read the affiliate agreement you signed when you signed up for the company. If you want to post the key paragraphs, we can help you interpret what they may mean. Also, did these guys run their own affiliate program or were they run through one of the third party ones?

  4. #4
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    They run their own affiliate program.
    I read the affiliate agreement, and there is nothing about incentive.
    They also told me that 95% of the leads are not valid wich is NOT true!

    The site made by an advertising company called cutting edge media.

  5. #5
    Affiliate Manager Lionstail's Avatar
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    OK, when I mentioned reading the affiliate agreement, I wasn't even focussed on the incentives issue. My concern was what the provisions stated about dropping you from the program. Even if it had mentioned something about incentives in the contract, the fact that you contacted them and received permission (hopefully by email and not orally so that there's a paper trail) would give you good reason to get around it.

    I'm most interested in any provisions of the affiliate agreement that discusses cancellation of your affiliate status and what legal rights you have and obligations they have in such an instance. I'd hope they'd say something about in what circumstances they could withhold payment, etc. They may spell out very clearly what the status is of an affiliate who's been dropped in relation to getting owed cash. These are the types of provisions that will be most helpful in figuring out what your legal rights are. You should also check out what if any disclaimers they have in the contract and what state law governs. By this I mean that contracts often say that in the event of a dispute the parties agree to abide by the law of Florida or whatever state they choose to enter. This can make a difference in figuring out what your legal rights are, if you care to take things in that direction. Dave

  6. #6
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    Here is the affiliate agreement!
    This is the 4th month I'm working with this incentive advertising company, and until today never had any problems.

    Is there anything I can do?


    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>The following are the terms and conditions of participating in the FreeMoneyMakingMagazine.com Affiliate Program. "Affiliate" refers to yourself, and "FreeMoneyMakingMagazine.com" refers to Cutting Edge Media, Inc.

    FreeMoneyMakingMagazine.com reserves the right to modify this agreement as needed from time to time. FreeMoneyMakingMagazine.com recommends that you return periodically so that you are aware of any such changes or amendments.

    A qualifying free magazine request is a person who completely fills out our request form and then confirms their request through a confirmation email that we send to them at the email address they provide.

    Affiliate commissions shall be paid by company check and sent out monthly unless your total commission is less than $50, in which case it will be held until the next pay period.

    Although the Affiliate Program is not limited to the United States of America, all payments will be made in U.S. dollars and FREE Magazines can only be offered to U.S. and Canadian residents.

    All Affiliates are NOT employees of FreeMoneyMakingMagazine.com and are responsible for their own local, state, or country taxes.

    SPAM POLICY:
    Affiliate agrees to not utilize SPAM in promoting FreeMoneyMakingMagazine.com. This action may result in the immediate suspension or termination of your account with a cancellation of any pending commissions. Affiliate will also be in violation of this Affiliate Agreement and subject to legal action and be held liable for financial losses incurred by FreeMoneyMakingMagazine.com.

    What is spam? Spam is emailing ANYONE, in bulk or by single mailing, about FreeMoneyMakingMagazine.com, who has not specifically requested the information directly from you.

    The ONLY exception to this is mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on your behalf. NOTE: Use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources will likely generate spam complaints against you resulting in suspension or termination.

    FreeMoneyMakingMagazine.com also considers ANY type of advertisement about FreeMoneyMakingMagazine.com posted to a Newsgroup or Chat Room to be spam. This would include references to FreeMoneyMakingMagazine.com in your signature. This would also include Newsgroups or Chat Rooms that allow advertising. Violators will be fined $50 per incident.

    Please note:
    FreeMoneyMakingMagazine.com does not necessarily agree with the harsh interpretation of what constitutes SPAM. Right now the Internet is in its infancy; as it matures and e-commerce expands, the spam issue will likely change drastically, perhaps even eventually fading away completely. However, until then, we must abide by current Internet rules and regulations. In order to maintain our image and protect the incomes of our Affiliates, we must adhere to the strictest interpretation of SPAM. FreeMoneyMakingMagazine.com Affiliates who follow the rules have nothing to be concerned about.

    Any service interruptions as a result of your spamming will be billed to you at $200 per hour until service is restored.

    All Affiliate applications are subject to approval by FreeMoneyMakingMagazine.com.

    Both FreeMoneyMakingMagazine.com and the Affiliate reserve the right to terminate this agreement at any time. If canceled, outstanding commissions at time of cancellation shall be paid in the next payment so long as the rules of this agreement were not violated by the Affiliate.

    Only ONE Affiliate will be allowed per household. We regularly perform database sweeps to locate violations of this policy. Accounts found to be in violation will be terminated without notice.

    Referral Link: You will be issued a unique "Referral Link" which allows FreeMoneyMakingMagazine.com to identify visitors as originating from you. These visitors are tracked with this unique URL and commissions are recorded with your Affiliate ID. To receive commissions, you must use the provided Referral Link. The URL may be in various forms such as a banner, image, or text link.

    FreeMoneyMakingMagazine.com reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a FreeMoneyMakingMagazine.com logo, image, or trademark which may be distasteful, defame, or misrepresent.

    Affiliate shall not misrepresent FreeMoneyMakingMagazine.com products or services.

    We reserve the right to not accept any free magazine request for any reason.

    The FreeMoneyMakingMagazine.com free magazine offer is available only to individuals 18 years of age or older.

    Affiliate is solely responsible for insuring that their Referral Link is set up properly to qualify for commissions.

    Prohibited Sites for advertising FreeMoneyMakingMagazine.com products or services:

    Sites that promote sexually explicit material or violence.
    Sites that promote discrimination based on race, sex, religion, national origin, or physical disability.
    Sites that promote illegal activities.
    Term of agreement: This agreement remains in effect until cancelled by either party.

    Disclaimers:

    FreeMoneyMakingMagazine.com will make every reasonable effort to maintain 100% system uptime. However, FreeMoneyMakingMagazine.com is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service. FreeMoneyMakingMagazine.com will make every reasonable effort to track and pay commissions that apply to Affiliate. However, FreeMoneyMakingMagazine.com is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.

    Privacy:

    To protect FreeMoneyMakingMagazine.com customer privacy, FreeMoneyMakingMagazine.com reserves the right to withhold identifying customer names and contact information from you.

    Independent Contractor: The relationship between FreeMoneyMakingMagazine.com and Affiliate established by this Agreement is that of independent contractors. FreeMoneyMakingMagazine.com and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term "Affiliate" shall not be interpreted as a legal partner or Affiliate, simply as an independent contractor for FreeMoneyMakingMagazine.com under this agreement.

    Limitation of Damages: FreeMoneyMakingMagazine.com shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if FreeMoneyMakingMagazine.com has been advised of the possibility of such damages. FreeMoneyMakingMagazine.com aggregates liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by FreeMoneyMakingMagazine.com under this agreement.

    Affiliate understands that Affiliate tracking can never be 100% accurate and FreeMoneyMakingMagazine.com is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are out of the control of FreeMoneyMakingMagazine.com. It is the goal of FreeMoneyMakingMagazine.com to make Affiliate tracking as accurate as possible, however, FreeMoneyMakingMagazine.com cannot guarantee 100% tracking for situations beyond its control.

    Warranty Disclaimer: FreeMoneyMakingMagazine.com makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this agreement.

    Governing Law: This agreement shall be governed by the laws of the State of Pennsylvania and the United States.<HR></BLOCKQUOTE>

    [ 07-26-2002: Message edited by: dapyx ]

  7. #7
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    I'm surprised to see that there are still people out there that think they can make money from freebie shite.<IMG src=http://www.abestweb.com/smilies/puke.gif>

  8. #8
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    Ref "Use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources will likely generate spam complaints against you resulting in suspension or termination."

    Did you specifically ask in your email "are the guys at www.we'll-email-anybody.com okay with you"?

    Kind of looks to me like the "incentive" people you used really aren't - there's a lot of emailers that claim to be "100% opt-in", "spam free", etc but aren't (I know most of the spam I get claims that).

  9. #9
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    I know that I have been scammed!

    I checked my traffic report and I saw that 95% of the visitors are from Usa & Canada exactly as the affiliate program requested. And I also know that only 5% of the visitors put invalid informations.

    I've been working with this incentive advertising company for a year.

    Is there anything I can do about it?? Or I just lost $800 ? [img]/infopop/emoticons/icon_frown.gif[/img](

  10. #10
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    "I've been working with this incentive advertising company for a year."

    An amazing number of once-reliable, once-legit internet companies in the last year have not only scraped the bottom of the barrel but looked under the barrel for funds. Whatever they were a year ago is probably no longer true.

    Are you sure they're really an incentive company? What's the incentive? Are you also sure they may not be selling email addresses on the side?

  11. #11
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    What reason did they give you for terminating your account? Why did they say that 95% of the leads weren't valid?

    Also, what about the answer to Jaybat's question - Did you specifically ask in your email "are the guys at www.we'll-email-anybody.com okay with you"?

    Your answers to these will help determine whether you have a case or if you're out the bucks.

    Kip [img]/infopop/emoticons/icon_smile.gif[/img]

  12. #12
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    First of all I know for sure that there are no SPAM involved.

    I think that one of the reason for deleting my account was my Country. When they saw Romania they thought: "We can easily fool this guy and there is nothing he can do about it".
    And let's face it that's true!
    If I were from Usa the situation will be totaly different.

    They said 95% of the leads are invalid.
    You know what pisses me the most?
    The fact that before I stared the adv. campaign I asked them if there will be any problems with incentive leads, and they said everything is okay...
    There are a lot of scammers out there. I'll just have to be more careful next time!

    Okay I've lost! Life goes on!! I'm sure that my new "NON INCENTIVE" sites will earn me more than that!

  13. #13
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    That's the right attitude. You may want to list them in the Merchant Fraud category so other people will know to be aware of them.

    Best of luck to you,
    Kip [img]/infopop/emoticons/icon_smile.gif[/img]

  14. #14
    Affiliate Manager Lionstail's Avatar
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    OK, two things that I'd like to point out from their affiliate agreement.

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Affiliate agrees to not utilize SPAM in promoting FreeMoneyMakingMagazine.com. This action may result in the immediate suspension or termination of your account with a cancellation of any pending commissions. <HR></BLOCKQUOTE>

    and

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Both FreeMoneyMakingMagazine.com and the Affiliate reserve the right to terminate this agreement at any time. If canceled, outstanding commissions at time of cancellation shall be paid in the next payment so long as the rules of this agreement were not violated by the Affiliate.<HR></BLOCKQUOTE>

    The affiliate agreement sets out two termination possibilities, one if you get terminated due to spamming and one if you end the program for any other reason. If you get bumped for spamming, they reserve the right to withhold payments of money owed. If you end the agreement for any other reason, including voluntary cessation by either party, you should be given the money they owe you.

    The question then becomes, which was it? Since you told the company that you wanted to use this sales technique and you specifically asked them permission to do so, they should not legally be able to claim that you were thrown off because of spamming and therefore do not owe you the money.

    Thus, it appears to me that you are owed the money. Of course, the problem with the law is always enforcement. I wish you luck collecting. Dave

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