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  1. #1
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    Dell Sues Cybersquatters (Was: Linkshare?)

  2. #2
    Moderator MichaelColey's Avatar
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    I've moved this thread and renamed it.
    Michael Coley
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  3. #3
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    "The sites use a cookie that redirects internet users to Linkshare and sees any sales commission credited to the three website owners."
    I barely see DELL in the domain names, IMHO it's limit. Now, if the 3 guys are affiliated with Dell thru LinkShare why didn't they remove them a long time ago.
    These people at DELL are running the worse affiliare program of the planet and instead to spend their money to improve it and deactivate their parasites they spend it on legal fees.

  4. #4
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    Probably because it has less to do with the sales, more to do with protecting their trademark. The sales are an excuse to take action.

  5. #5
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    Quote Originally Posted by chetf
    Probably because it has less to do with the sales, more to do with protecting their trademark. The sales are an excuse to take action.
    Not even close to their URL.

    derll dot com ???

    Trademark protection.
    Can also be CJ cos if they send traffic to thier Dell Biz, CJ would be in the soup too...

  6. #6
    Not that fat. ReallyBigGuy's Avatar
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    Quote Originally Posted by FairFieldGetaway-EricEwe
    derll dot com ???
    I think they're hoping you fat-finger it becasue the R is right next to the E.

  7. #7
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    The weird thing here is that linkshare says there system is fool proof!

  8. #8
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    it isn;t linkshare. it's an affiliate that is causing that.

  9. #9
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Hooray for the Linkshare compliance team* ... showing off their skills once again!

    If I were the Temme's attorney I'd say that Dell (the aff mgr) themselves approved of the linking while knowing of the domains. Case closed.


    Note: Linkshare has no compliance team, legal farms out jobs every now and then as needed.
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  10. #10
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    Quote Originally Posted by Haiko de Poel, Jr.
    If I were the Temme's attorney I'd say that Dell (the aff mgr) themselves approved of the linking while knowing of the domains. Case closed.
    Oh come on, Haiko. You're not so naive to know that this affiliate hasn't listed these domains on his Linkshare account. How do you maintain that Dell would approve of this linking?

    I personally don't think Dell has a valid cybersquatting complaint, but that's a completely different issue than putting Dell affiliate links on those sites.

  11. #11
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    You think they can't see the URL in the sales reports?
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  12. #12
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    Quote Originally Posted by Haiko de Poel, Jr.
    You think they can't see the URL in the sales reports?
    Aff managers don't scrutinize affiliate sales line by line unless they have a reason to, especially for a company as large as Dell. I seriously doubt these domains generated enough sales through aff links to put them on Dell's radar screen for suspect activity.

    I suspect that another affiliate tipped off Dell that these domains were violating Dell's affiliate agreement. I'd be interested to know if typosquatting is a violation of Linkshare's affiliate agreement. Anyone know?

  13. #13
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    Quote Originally Posted by Haiko de Poel, Jr.
    You think they can't see the URL in the sales reports?
    For any other program you would have a point, but this is dell. I think they sometimes forget they even have a program. Considering that they have taken 6+ months to pay, maybe they only check their reports twice a year?

  14. #14
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    Quote Originally Posted by Snowman
    I suspect that another affiliate tipped off Dell that these domains were violating Dell's affiliate agreement. I'd be interested to know if typosquatting is a violation of Linkshare's affiliate agreement. Anyone know?
    To see the Agreement, you need to go to:
    Your Account, Select Dell Home Systems
    Click on "Program Levels" Select your offer
    The "Legal Terms of Agreement" is in the left column, at the bottom

    DELL HOME SYSTEMS U.S. AFFILIATES PROGRAM AGREEMENT IMPORTANT-READ CAREFULLY:

    "If you are a member of The LinkShare Network, you only need to read and agree to this Agreement. If you are not a member of The LinkShare Network, you must complete a registration form to join The LinkShare Network and then read and agree to this Agreement. We will evaluate your registration form and notify you if your Site is not accepted for participation in the Program. We may reject your application after initial approval if we determine (in our sole discretion) that your Site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:

    * Promote (including, without limitation, links to) sexually explicit materials
    * Promote violence
    * Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
    * Promote illegal activities or otherwise violate any applicable laws, including those targeting "spyware," "adware," or SPAM
    * Manipulate key word searches on portals
    * Misrepresent themselves as a Dell Website by co-opting the visual look and feel of or text from Dell's Site
    * Include Dell or variations or misspellings thereof in their domain names
    * Otherwise violate intellectual property rights, including, without limitation, scraping text or images from Dell's Websites
    * Have traffic of less than 500 unique visitors per day
    * Do not clearly state an online privacy policy to its visitors
    * Otherwise are considered offensive or inappropriate at Dell's discretion

    Seems like they can do anything they want.

  15. #15
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    Those terms are from Dell's affiliate agreement, not Linkshare's affiliate agreement that all Linkshare affiliates must comply with. That's what I was referring to.

  16. #16
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    Quote Originally Posted by Snowman
    Those terms are from Dell's affiliate agreement, not Linkshare's affiliate agreement that all Linkshare affiliates must comply with. That's what I was referring to.
    For the LinkShare Affiliate Membership Agreement : Click Here
    For the LinkShare Network Policies and Guidelines : Click Here

  17. #17
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    I do not think that affiliate is generating any sales. That misspelling will not generate any sales and eventhough if it did, it might be so small that it will not show up on their radar. But with the PR now, there will be lots of hits but mostly lookers.

    Dell is just flexing their muscles. It has nothing to do with Linkshare and it's more of Dell and a scape goat.

    If they want to drag linkshare into it, then the account manager is just as responsible. Common Dell, you send out a lawsuit and how does that reflect on your affiliate program (and the Aff manager)??

  18. #18
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    Dell sues domain typosquatter affiliates
    Just found this article via Digg, had to share with the ABW fam:
    http://domainnamewire.com/2007/01/12...ybersquatters/

    Might this become a more common occurence from merchants?

    Are these affiliates in the wrong if the merchant didn't have the foresight to register those domains in the first place?

    Did Dell at least contact the affiliates first and ask them to stop?

  19. #19
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Merged threads instead.
    Last edited by Haiko de Poel, Jr.; January 16th, 2007 at 01:58 PM.
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

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