Why I Just Told a Merchant Offering Recurring Commissions to Pound Sand

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This morning I signed up for an affiliate program offering lifetime recurring commissions on a service. After signing and faxing a small mountain of paperwork (this was not your typical online signup and you're automatically in deal), they sent me one final surprise document.

Aside from the fact I don't like getting surprise documents, buried in the legalese were two requirements:

First, I had to become their agent, represent myself as working for their company, and use their business cards, letterhead, email address, etc., when doing promotions.

Second, a non-solicitation agreement such that I was prohibited from promoting any other similar product.

I told them these terms were simply not acceptable. They seemed surprised at the rejection but then immediately caved and decided it was all a mistake.

Lessons learned:

- Read the legal terms.

- Have a backbone. You don't need to promote every program that waves a few coins in front of you.

If the terms don't work for you do not set yourself up for a legal headache down the road. I've seen merchants who had no clue what was in their program terms because they just borrowed them from unknown places.

(If you want to see someone's eyes bug out, go buy a car and start writing on the contract all their oral promises and claims, while crossing out contract terms you don't like. You'll quickly find out how desperate they are to make a sale.)

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