What Law Protects Affiliates?

9 years ago

Is this the same like An employee who earns commission and get fired from the job?

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BigFrank

Banned 9 years ago

The only law in the 'Wild, Wild West, is your Winchester.

Frank

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yougpeter

9 years ago

[DELETED]

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BigFrank

Banned 9 years ago

Originally Posted by yougpeter

good one, but this is not joke for me....

It wasn't meant as a joke. It was a metaphor for the reality you face. I'm sorry that was lost on you.

Think about it. How much have you lost.? How much will a lawyer ask for just to have you cry on his shoulder before asking for a $5,000 retainer to even begin to act on your behalf? Think I'm joking? Call one tomorrow and ask him and them come back and tell me I was joking.

Do yourself a favor. Don't waste you time and energy as it will all be for naught. Think what you want. In the end, you'll see I gave you good advice. :-)

Frank

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yougpeter 9 years ago

Then better give me Winchester....
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- BigFrank Banned 9 years ago
  
  Originally Posted by yougpeter
  
  Then better give me Winchester....
  
  At least you're a fast learner. Most here would just beat a dead horse. See what I did there? Wild, wild west - Winchester - dead horse?
  
  Now - THAT was a joke. :-)
  
  Frank
  
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TaxMaster

9 years ago

Originally Posted by BigFrank

It wasn't meant as a joke. It was a metaphor for the reality you face. I'm sorry that was lost on you.

Think about it. How much have you lost.? How much will a lawyer ask for just to have you cry on his shoulder before asking for a $5,000 retainer to even begin to act on your behalf? Think I'm joking? Call one tomorrow and ask him and them come back and tell me I was joking.

Do yourself a favor. Don't waste you time and energy as it will all be for naught. Think what you want. In the end, you'll see I gave you good advice. :-)

Frank

In civil matter relating to cost recovery many attorneys will work for a contingency fee rather than a big retainer up front, but it would most likely depend on the type of case and the amount to be recovered.

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BigFrank Banned 9 years ago

Originally Posted by TaxMaster

but it would most likely depend on the type of case and the amount to be recovered.

Precisely - and since the OP has not mentioned an amount, I'd be willing to bet that it's nothing more than chump-change.

Frank
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aizaku

9 years ago

it sucks that you were stiffed out of your money.

you might be inclined to spend some of your precious life moments and report them to the https://www.bbb.org/ or complain to your AM.

again, not to beat the basashi, but its best that you mosey on down to the next affiliate promotion..

>>make sure they have a good rep.

best of luck bro,
Ike Paz

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George Schwab 9 years ago

Myself I rather go the Winchester route 66, and take a few like minded along
the way in a sense that 'together we are strong' - however, at the same time
this is a good idea:

Originally Posted by aizaku

it sucks that you were stiffed out of your money.

you might be inclined to spend some of your precious life moments and report them to the https://www.bbb.org/

because it starts a complains process, that creates waves and a ripple effect
all over the search results...and more complains will join in and follow,

and those bad boys will regret it over time to ever messed around with us.
The responsible ones within the company will get fired eventually.
Because BBB has influence and does follow up with banditos.
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BradVert2013

9 years ago

Originally Posted by aizaku

it sucks that you were stiffed out of your money.

you might be inclined to spend some of your precious life moments and report them to the https://www.bbb.org/ or complain to your AM.

again, not to beat the basashi, but its best that you mosey on down to the next affiliate promotion..

>>make sure they have a good rep.

best of luck bro,
Ike Paz

The BBB is useless. They are just a non-profit, not a regulatory agency. They have no power to do anything. They're on par with Yelp. In fact, the BBB got into hot water for erasing negative reports in exchange for a business becoming a paying member.

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regularguy

9 years ago

Originally Posted by BradVert2013

The BBB is useless. They are just a non-profit, not a regulatory agency. They have no power to do anything. They're on par with Yelp. In fact, the BBB got into hot water for erasing negative reports in exchange for a business becoming a paying member.

Truth. BBB is not a solution.

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BigFrank Banned 9 years ago

Originally Posted by regularguy

Truth. BBB is not a solution.

Truth- there is no solution. Not a realistic one, anyway. But hey, who doesn't enjoy flogging a dead horse? lol

Frank
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aizaku

9 years ago

Originally Posted by BradVert2013

The BBB is useless. They are just a non-profit, not a regulatory agency. They have no power to do anything. They're on par with Yelp. In fact, the BBB got into hot water for erasing negative reports in exchange for a business becoming a paying member.

never reported anyone, I just knew it was 'move' for scorned customers and/or employees.

if it the process isnt too time consuming why not report them?

-Ike Paz

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regularguy

9 years ago

Well, I'm an attorney in the US. It sounds like a standard breach of contract, unless you broke a term or condition in your contract that allows them to terminate your account without payment.

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George Schwab

9 years ago

Originally Posted by regularguy

Well, I'm an attorney in the US. It sounds like a standard breach of contract, unless you broke a term or condition in your contract that allows them to terminate your account without payment.

ok, but "standard breach of contract" is just a term that means nothing these days,
unless you want to sit it out. Man, you've got simple ideas.

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regularguy 9 years ago

Originally Posted by George Schwab

ok, but "standard breach of contract" is just a term that means nothing these days,
unless you want to sit it out. Man, you've got simple ideas.

George,

I'm not sure why you're being so rude to me. Nor do I fully understand your comments. OP asked which law protects him. I am an attorney and actually know the answer, which I provided to him. Whether you like that answer or not, and whether you believe it's simple or impractical is irrelevant. I'm not suggesting a course of action; I'm simply answering OP's question.
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BradVert2013 9 years ago

Originally Posted by George Schwab

ok, but "standard breach of contract" is just a term that means nothing these days,
unless you want to sit it out. Man, you've got simple ideas.

You really don't understand American law, do you?
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Edelhaid

9 years ago

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regularguy 9 years ago

Originally Posted by Edelhaid

Privacy Policy and Terms and Conditions protect Affiliates

The privacy policy does nothing to protect anyone in a transaction.
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BradVert2013

9 years ago

Hire a lawyer. Only a qualified lawyer with experience with these cases can really help you.

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DeePower

9 years ago

It's probably breach of contract. An attorney most likely won't take this on contingency. You will have to pay a retainer. Even if you win a judgement you still have to collect. That's the hard part.

Dee

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onegoodman

9 years ago

You are protect by the contract (ToS) between the two, each advertise has their own ToS, as long as you didn't breach them, he is obligated by law to pay, and you have the right to sue him.

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yougpeter

9 years ago

Ok will do that,thanks. If they will not fix this,but looks like it is system from this company.Acually i don't care how much it costs.I just want that this company understands that scaming affiliates who brings them clients is bad. Thank you all...

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JohnMcCabe

9 years ago

Originally Posted by yougpeter

Ok will do that,thanks. If they will not fix this,but looks like it is system from this company.Acually i don't care how much it costs.I just want that this company understands that scaming affiliates who brings them clients is bad. Thank you all...

Don't say things like that where someone can hear you. Whatever you would have paid might have just doubled.

As for suing, it might depend on the amount and on the section of your affiliate agreement pertaining to remedies. (You did read the affiliate TOS, didn't you?) You may find that you agreed to use an arbitrator, who you will have to pay. Or, more likely, the agreement stipulates which court you can use, usually in the company's home jurisdiction.

If the amount is under the limit for civil court, you may find yourself limited to small claims court.

Dee made an excellent point. Even if you do win, you still have to collect. Good luck with that.

As a last resort, there's always Judge Judy...

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George Schwab

9 years ago

actually, i'm in a similar situation right now OP

and suggestions here to sue are not practically, as a single party

However: Low and behold, i did research my offender co. yesterday
on the www - and found another 8-9 affiliates that have the same case
and it get's worse: They have evidence that this company replaces
affiliate ID's on customer's check out page - now we're talking fraud
Plus breach of contract.

So you can do the same, and all affiliates can sue together, then its
sustainable. But still you have to collect. However the company now
has a much bigger problem, and probably make the evening news.

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ChrisBa

9 years ago

Originally Posted by yougpeter

Do you guys know what Law in the United States protects affiliates if company didn't pay out comission and terminated account so that they could not pay that.

Need Advice!

None.
In fact most networks have a clause when you sign up that they are able to not pay you in some circumstances (some even state in any circumstance)

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yougpeter

9 years ago

Yes they will not pay if agreement is violated.But in my case sending too much traffic can't be violation.

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Kay King

9 years ago

sending too much traffic can't be violation.

Sending too much low quality traffic might be a problem.

Did you read the TOS - usually it is specific about how to settle a dispute and under what circumstances the company might refuse to pay.

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George Schwab

9 years ago

Originally Posted by Kay King

Sending too much low quality traffic might be a problem.

Did you read the TOS - usually it is specific about how to settle a dispute and under what circumstances the company might refuse to pay.

your brain might be out for lunch

we're talking about confirmed conversions that are unpaid
no low traffic buys anything. We have real customers that
bought real products. It's all on file.

in my case i talk about: Actual payment notice email was sent
from the company

but was not actually paid!

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Kay King

9 years ago

in my case i talk about:

YOU may be talking about conversions - but I wasn't talking to you or about your "case". I was addressing the person who started the thread.

affiliates who brings them clients

doesn't sound like confirmed commissions....sounds like a qualifier was not met or terms were not adhered to.

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What Law Protects Affiliates?

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