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Old 12-02-2000, 02:46 PM   #1
RC
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Join Date: Nov 2000
Posts: 15
Question What to do if an affiliate program does not pay without a reason?

Imagine getting an e-mail like this at the end of the month when your money is supposed to be sent

"Please be advised that your account has been terminated and
all revenues currently due have been forfeited. Please discontinue the use of our program
immediately."

and the reason given by the affiliate program is similar to this "according to our terms you are not allowed to have any pop-ups on your web site" and I was removed because a site I linked to has pop-ups on THEIR page, a site I don't even own or place their ads on.

You can see clearly that they made up a reason to remove me so they wont have to pay me.

Does anyone have any experience with situations like this? If I go to court over this, and I win, will I be able to get more money then they owe me now?

Thanks



[This message has been edited by RC (edited 12-02-2000).]
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Old 12-02-2000, 04:21 PM   #2
regier
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Location: Edmonton, Alberta, Canada
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Unhappy

Just out of curriousity, was this amazingmedia that you are talking about?

I got a similiar letter from them at a point where they were a couple months behind in paying me. When I clarified that the popups weren't on the page with their banners, they made up another reason for terminating the account.

I guess it really comes down to how much they owe you. I was only out about a thousand, so it wasn't worth while even trying to take legal action.
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Old 12-02-2000, 04:28 PM   #3
fatale
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Angry

Oh, man, I think it's time to bring a class action lawsuit against AmazingMedia -- so many accounts were terminated for no real reason (myself included). Unfortunately I don't think we will have any chance winning it -- there was no signed contract. http://geekvillage.com/ubb/frown.gif
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Old 12-02-2000, 04:33 PM   #4
RC
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no, it's not amazingmedia
the questions remains, when I win (I have a very solid case), will I be able to receive more money then they owe me right now?
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Old 12-02-2000, 05:02 PM   #5
regier
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If you were to win, you would only be entitled to the ammount that they owe you. You wouldn't get anything extra.
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Old 12-02-2000, 05:29 PM   #6
nail
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well if you were suing, can't you sue for cost of legal fees? so at least you'll break even when you win.
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Old 12-02-2000, 05:58 PM   #7
regier
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You are probably right on that one. Your best bet would be to go discuss it with a lawyer, they would be able to give you all the details.
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Old 12-02-2000, 06:23 PM   #8
MikeD
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Unhappy

An advertiser owes me a few hundred $$$. It really isn't worth the pain, but I do plan a suing them in small claims court. They are close enough to me that I can go visit somewhere, file the paperwork and be home to watch Brian Williams that evening. Is it worth it for the money? No. But it will be nice to get a judgement against them.

So, I would say that if you have a strong case and can afford to lose time and money, go after them.

Of course that is just my opinion, not advice.

I think pre-paid legals plans like Pre-Paid Legal Inc. are an asset that more webmasters should be taking advantage of. I don't market them so please don't ask me about memberships or attack me for posting a plug for them.

MikeD

[This message has been edited by MikeD (edited 12-02-2000).]
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Old 12-10-2000, 08:58 AM   #9
Natural
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I am in the same boat... As I wrote in another thread...

"I have had a bad time with www.peakhealth.net . ( a LinkShare merchant) They owe me over $300 US with the sales beginning in early April! I have spoken to the owner, the affiliate manager and the CSR both in online chat and long distance on the phone and got excuse after excuse and promise after promise after promise and still nothing to this day! I promised to take down all affiliate links and then I was going to elevate it to the next level... Well, here I go... I know of the http://www.ifccfbi.gov/ (FBI Internet fraud centre) the BBB (better business bureau) and many other affiliate boards. Where else might you suggest that I spread the word so that other webmasters don't fall victim to this "company" with disgusting ethics.

The real disturbance is in the fact that the affiliate model is already in the merchant's favour. I have generated leads that resulted in sales and product has been shipped and payment received for the merchant. The affiliates normally only get paid months after the transaction is completed, and then a fixed percentage! Once the merchant stops paying affiliates... they stand to lose the best setup in the world for a sales force! DUMB!"

How would you handle the situation? I am sick of the situation whereby the merchant takes advantage of the "little guy." This isn't to say that we are powerless, but it gives the Internet a bad name. Webmasters like myself have hosting costs to cover and some depend on this money as an essential part of their income. The moment that content based websites stop seeing cash inflow to cover costs, websites start going under due to the fact that they cannot afford to maintain working on it for free! Hence, advertisers that don't pay are killing the Internet for their own selfish reasons! Making quality content no longer available for others just to make a quick buck! We should retaliate and create a blacklist of advertisers!!! Seriously! Let's start one definitive resource of advertisers that don't pay affiliates! This would be very valuable to webmasters like myself... and I bet would be very lucrative!
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