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  1. #1
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    All,

    I just got another announcement stating:

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>the use of our brand name, XYZ, or any variation, will be strictly prohibited with any third party. Any affiliate attempting to use our brand name as a keyword in any search engine or similar third party arrangement or relationship will be expelled from our affiliate program.<HR></BLOCKQUOTE>

    Yet, Contextual advertisers - Gator, Wurldmedia, eBates, etc all use the TM as a source identifier for their popups and is basically stealing (or dipping into) the business that should be brought forth by their normal advertising channels, right?

    Now this is not a discussion on TM use policies but rather an issue of parasite and Duper usage of TMs as identifiers to pilfer from ... my question is why are the Dupers and Parasites not precluded in such use as we are?

    Thoughts?

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
    </font></p>

  2. #2
    ABW Ambassador
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    Yes, that should be one way of enforcing some of these Merchants not wanting to take action, but it seems numbers do more talking than anything else we say these days, and there is always exceptions. Every company with a different set of rules.

    It's a good rule of thumb for those who want to get rid of them as another reason, but I don't know how we're going to enforce it.

    It's like coupon codes, Everyone's difference.

    It's worth a shot, If you can get the merchants to back you on it.

    But altimately they'll survive as long as the merchants are willing to let them survive.

    ------------------------------------------------------------Minds are like parachutes - they only function when open. Thomas Dewar

  3. #3
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    &gt;&gt;my question is why are the Dupers and Parasites not precluded in such use as we are?


    Because some merchants are too cowardly to stand up to them.

    {

    "Laziness, Impatience, Hubris. Pick any three" ~ YAPC 19100

  4. #4
    Defender of Truth, Justice and the Affiliate Way
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    I can see where Gator (and Gator knockoff programs) would seem to fall under these restrictions since the popups will kick in based certain keyword searches on any search engine. But then in that situation the merchant has voluntary paid advertise through Gator and such.

    As far as Wurld Media, ebates, and the such, those don't kick in until the end user has already arrived at their site. Seems kind of silly to me that they would pay the commish after the consumer has already arrived there, but that's another story. I can see the arguement from the merchant's perspective that no use of their trademark through search engines etc was involved in the process.

  5. #5
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Most AM's running the merchant's affiliate program work under the advertising departments mindset. They have no sales quota or ROI responsibility, like Andy does with TigerDirect.com, and therefore allow in parasites who double dip them for commissions. It's after all the companies money being spent ( not theirs) and anything that gets the hit meter turning over is just fine with them as longg as the CEO hasn't a clue what's going on with the Dupers.

    They know the Dupers don't bid up PPC SE keywords like the normal affiliates do ..so they give them a pass. If all their correspondence is with the Dupers and Parasites then it cuts their work week down to just a few hours of actual work.

    WebMaster Mike

  6. #6
    ABW Ambassador erninator's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Is it just me or is Morpheus seems to belong to about 50% of Performic's Merchants. <HR></BLOCKQUOTE>

    Haiko or Canfree,

    I got one of those emails this morning. Is this announcement from a perfomics merchant? I've noticed a dramatic drop in Perfomics sales in the last two weeks. Several of my good performers pooped out about the same time and the one who sent me this announcement is on my chopping block.

    Ernie

    It may be that my sole purpose in life is simply to serve as a warning to others.

  7. #7
    ABW Ambassador
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    &gt;&gt;my question is why are the Dupers and Parasites not precluded in such use as we are?&lt;&lt;

    Gosh darn it, I just can't think of a sensible answer to that question.

    -------
    Dawn is nature's way of telling you to go to bed.

  8. #8
    ABW Ambassador Andy's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> my question is why are the Dupers and Parasites not precluded in such use as we are?
    <HR></BLOCKQUOTE>

    Obviously they're NOT.

    There's a double standard in place. Same thing is going on over at Amazon with their "test" merchant who's allowed to distribute coupons for discounts, which are prohibited by Amazon's TOS for everyone else.

    Bottom line: the parasites aren't held to the same standards as everyone else.

    And that's wrong.

    Andy

  9. #9
    ABW Ambassador
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    &gt;&gt;There's a double standard in place.&lt;&lt;

    I don't have any problem with a "double standard" (though I wouldn't have called it that). I'm sure there are lots of affiliates in here that have private deals with various merchants.

    But as to this one making sense? No, I can't say that it makes sense.

    -------
    Dawn is nature's way of telling you to go to bed.

  10. #10
    ABW Ambassador
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    On a similar note (or maybe the same one):

    Isn't "incentivized traffic" also a no-no for some merchant programs?

    AS SEEN ON SE!!!

  11. #11
    Member
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    Question for your Question - Who invented all of the rules for the web anyway? And, did they ever in their entire life work in a retail state before they picked up the pen? I am beginning to wonder. [img]/infopop/emoticons/icon_rolleyes.gif[/img]

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