Quote:
Originally Posted by nation-x
I back Dirty D on this one... anyone bidding on keywords that are type-in keywords (type it in the address bar and get the site) are stealing type-ins pure and simple. Any affiliate with any experience knows that programs don't allow it... I have been an affiliate for years. If you did that to my program you would be terminated immediately the same as if you were sharing passwords. It's not in our TOS but I have the right to terminate any affiliate at any time and am not obligated to pay for sales that weren't earned fairly. The pure sense entitlement that affiliates have grown over the last few years is insane. You want PPS but also want to fuck programs out of type-ins... be realistic.
I probably have more affiliate traffic that 9 out of 10 of you.... just FYI. I don't have to resort to stealing type-ins to get sales.
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If it is in your terms that you have the right to terminate any affiliate at any time, then you are correct, you can do just that. However, you would terminate them immediately and not let the sales continue to accumulate and the affiliate to continue spending his own funds on sales you do not intend to payout, wouldn't you?
Also, while many programs include that clause to cover their asses, it's what's known as "predatory terms" as I'm sure you are well aware.
The fact here, though, is while to you and D it seems like an obvious case of something that is not accepted, to most everyone else, they were unaware that it's not an acceptable form of marketing, as there ARE programs who do allow it. The case of carding was brought up; that is illegal, so doesn't have to be mentioned. Anything illegal, should not need to be in the terms. Anything legal, SHOULD be clearly defined as not being accepted.
In D's last explanation, he stated the acceptable methods are listed on his site. I couldn't find the terms page, only the FAQ, where it does list some methods. It does not say those are the only methods allowed, however. Otherwise, many valid types of marketing would be outlawed based on that. For example, say someone wanted to market at bars, parties, whatever (offline) with flyers to an affiliate URL they have with his site - it's not listed in the FAQ as a promotional method, so should they expect any sales they generate would not be paid? No, they shouldn't.
Bottom line is the only way to avoid these kind of situations is to contact the program BEFORE you start sending, discuss exactly what you intend to do and see if they have a problem with it. That wasn't done here though, but under the circumstances, you have to side with Shoehorn based on the facts.