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Thread: False Accusation of Trademark bidding - DietDirect.com

 
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  #51  
Old June 30th, 2009, 03:55 PM
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I guess I just like contracts to be black and white. And you're correct in saying that TMs ought not be offered on such generic terms.

My point is solely that the mechanics are present, and recommended at SAS for a merchant to outline their wishes specifically when it comes to almost every facet of PPC bidding.

If the merchant doesn't use them, and leaves any ambiguity, then I think the affiliate has the privilege to be upset if they are removed without discussion.

I also recognize that these are "at will" agreements, and a merchant can terminate me because they hate kayaking, or say, I live in New York But based on Larry's description, I would classify this as a bad merchant.
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  #52  
Old June 30th, 2009, 03:56 PM
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Regardless of who was "right" or "wrong" in this particular situation, I'm having a hard time trying to figure out who won. From where I'm sitting it appears that both parties loss. Shame, a little communication can go a long way.

-rematt
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  #53  
Old June 30th, 2009, 04:07 PM
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Join Date: January 17th, 2005
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Quote:
Originally Posted by Kevin
I guess I just like contracts to be black and white. And you're correct in saying that TMs ought not be offered on such generic terms.

My point is solely that the mechanics are present, and recommended at SAS for a merchant to outline their wishes specifically when it comes to almost every facet of PPC bidding.

If the merchant doesn't use them, and leaves any ambiguity, then I think the affiliate has the privilege to be upset if they are removed without discussion.

I also recognize that these are "at will" agreements, and a merchant can terminate me because they hate kayaking, or say, I live in New York But based on Larry's description, I would classify this as a bad merchant.
I agree that the merchant handled this badly. If it were me, I would've given a warning and requested an explanation to see if we could work things out. And yes, it would be nice if all contracts were black and white, but if there are gray areas, I think best practice is to figure out how you could get into trouble in that gray area and avoid that at all costs. Unfortunately, gray areas don't always occur to you until after you step into them unaware and those are the times where you really learn a lot. LOL.

The first time I learned about negative keywords was when a merchant I was partnered with announced new PPC guidelines. Out of curiosity, I searched on their protected/trademarked keywords and was a bit shocked to find that my generic, broad match keywords were triggering ads on their protected/trademarked keywords. I fixed that quick before I got any dreaded termination emails, because I wanted to avoid the appearance of impropriety.

And yes, rematt, both sides lost. Diet Direct lost an eager affiliate willing to comply if things were communicated better and left a bad taste in the mouths of many potential affiliates reading this thread. And an affiliate lost what used to be a decent merchant relationship and source of income.
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