Amazon bans associates from using mobile sites?

by pdrs
29 replies
Weird change to the associates operating agreement this morning.

October 1, 2013 version

"7. Except as agreed between you and us in a separate written agreement referencing this Participation Requirement, you will not use any Content or Special Link, or otherwise link to the Amazon Site, on or in connection with:

b. any site intended for use with a mobile phone, tablet, or other handheld device, which prohibition does not apply to any site that is not designed or intended for use with such devices but that may be accessible by such devices (e.g., on a non-mobile optimized site via an internet browser on a tablet device); or

So if I do optimize my website for mobile, I can no longer use my aff links? What do ya'll make of this?
#amazon #associates #bans #mobile #sites
  • Profile picture of the author trader909
    i'd hate to be a slave to these companies. Must be awful.
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    • Profile picture of the author pdrs
      Originally Posted by trader909 View Post

      i'd hate to be a slave to these companies. Must be awful.
      well thanks for that useful comment,

      I'd just like to know, were you born one? Or did you have to work at it?
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      • Profile picture of the author Kay King
        I see it as an effort to stop affiliates from using only mobile applications to advertise. If you have a site online and it's accessible with a mobile device, it's not prohibited.
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        • Profile picture of the author pdrs
          Originally Posted by Kay King View Post

          I see it as an effort to stop affiliates from using only mobile applications to advertise. If you have a site online and it's accessible with a mobile device, it's not prohibited.
          I could get the application thing - but they're very specific about "site" - and any non-mobile optimized site is ok, but they make it sound like as soon as your site is mobile optimized it's not. Strange... no? Especially considering many wordpress themes are mobile optimized right out of the box these days (including the default that comes with wordpress)
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  • Profile picture of the author Mike Anthony
    Originally Posted by pdrs View Post

    which prohibition does not apply to any site that is not designed or intended for use with such devices but that may be accessible by such devices (e.g., on a non-mobile optimized site via an internet browser on a tablet device); or

    So if I do optimize my website for mobile, I can no longer use my aff links? What do ya'll make of this?

    The bolded part answers your question. Seems as Kay indicated its a move to stop a swarm of apps being created just for affiliate marketing.
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    • Profile picture of the author JohnMcCabe
      Originally Posted by Mike Anthony View Post

      The bolded part answers your question. Seems as Kay indicated its a move to stop a swarm of apps being created just for affiliate marketing.
      That's how I read it, too.

      Formatting an otherwise-accessible site for display on a mobile device or tablet is not the same as designing a site purely for mobile (aka, 'apps').

      I interpret formatting for display on mobile-sized screens as being in the same category as formatting for different browsers or screen resolutions.

      I'd bet a dollar to a doughnut that anyone putting out such an app would bury any disclosure deep in the license, rather than "wasting screen space" on the required disclaimer.
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    • Profile picture of the author Kay King
      they make it sound like
      I think you are over interpreting what the rule says. I could be wrong but sounds like a good rule to me as it aims at eliminating a scammy practice.

      It not the usual definition of spam - but using only apps that shoot your affiliate links to mobile devices sounds like nothing more than spam to me.

      It provides free advertising for an "affiliate" without the bother of setting up a true web presence buyers can access. It can also create a backlash for the selling site (Amazon) as it gets the blame for the pushy advertising efforts.

      kay
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    • Profile picture of the author pdrs
      Originally Posted by Mike Anthony View Post

      The bolded part answers your question. Seems as Kay indicated its a move to stop a swarm of apps being created just for affiliate marketing.
      So you are saying that a "site" is the same thing as an "app"

      and a non-mobile optimized website is the same thing as a mobile optimized website?

      I'm curious as to your definition of mobile-optimized website.
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    • Profile picture of the author DeborahDera
      That's how I read it, too. I think they're trying to stop apps developed just to drive amazon sales; or sites accessible only via mobile apps/web. You shouldn't have to worry about building a website that is mobile responsive. I don't think that's what they're getting at...

      Originally Posted by Mike Anthony View Post

      The bolded part answers your question. Seems as Kay indicated its a move to stop a swarm of apps being created just for affiliate marketing.
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      • Profile picture of the author TomyEmaimbumb
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  • Profile picture of the author pdrs
    Sorry I should have posted the whole thing as they make a very clear provision for client installed applications as well... it seems to me that they are very clear to denote "sites" as well as applications - this is where my confusion stems from.

    “7. Except as agreed between you and us in a separate written agreement referencing this Participation Requirement, you will not use any Content or Special Link, or otherwise link to the Amazon Site, on or in connection with:
    a. any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, or component or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices;
    b. any site intended for use with a mobile phone, tablet, or other handheld device, which prohibition does not apply to any site that is not designed or intended for use with such devices but that may be accessible by such devices (e.g., on a non-mobile optimized site via an internet browser on a tablet device); or
    c. any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).”

    Would an app not fall under the "client-side" component of this?

    Sites are a totally different story - so I wonder what constitutes a "mobile optimized" site vs a non-mobile optimized.
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    • Profile picture of the author kindsvater
      Amazon wants a monopoly on showrooming for its site, and does not want to compete with apps promoting deals of the day.

      When you see affiliates being viewed as competitors and not partners bringing in traffic, you may want to send your traffic to someone who really wants it (and offers a cookie lasting longer than a sneeze).
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  • Profile picture of the author PerformanceMan
    Check with your attorney.
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  • Profile picture of the author Long Beach Nathan
    It does seem like they're talking about apps here, but they need to be more clear in their language. A mobile site isn't necessarily an app.
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    • Profile picture of the author pdrs
      Originally Posted by Long Beach Nathan View Post

      It does seem like they're talking about apps here, but they need to be more clear in their language. A mobile site isn't necessarily an app.
      Yep it's pretty confusing wording for sure (most likely on purpose). It's this line that makes me scratch my head:

      "which prohibition does not apply to any site that is not designed or intended for use with such devices but that may be accessible by such devices (e.g., on a non-mobile optimized site via an internet browser on a tablet device);"

      Does that mean as soon as I mobile optimize my site it's breaking TOS... one could certainly read it that way as then the site is designed and intended for use with such devices...

      For all the Amazon bashers above, that's all well and good to go work with someone else etc... and I have many different streams of income, ranging from selling services to my own products.

      But I also have amazon sites that date back a few years now that provide a nice chunk of change monthly. I'm certainly not going to fool about changing things up at this point.

      Despite what people want to believe about Amazon, they pay reliably, you can KILL it over the holidays, and it can be a fairly stable way to make some passive income.
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  • Profile picture of the author tpw
    While they may have changed some of this language, we have never been able to promote our Amazon affiliate links from a mobile website or app, according to Amazon's TOS.
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    • Profile picture of the author pdrs
      Originally Posted by tpw View Post

      While they may have changed some of this language, we have never been able to promote our Amazon affiliate links from a mobile website or app, according to Amazon's TOS.
      So does anyone know what constitutes a mobile website these days?
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      • Profile picture of the author tpw
        Originally Posted by pdrs View Post

        So does anyone know what constitutes a mobile website these days?

        My understanding of my original reading of Amazon's TOS was that you would not be paid for any transaction where the customer was using a mobile device.

        My understanding was that the deal was device-specific, instead of website type.
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        • Profile picture of the author JohnMcCabe
          Originally Posted by tpw View Post

          My understanding of my original reading of Amazon's TOS was that you would not be paid for any transaction where the customer was using a mobile device.

          My understanding was that the deal was device-specific, instead of website type.
          When the original wording was created, I don't believe most phones were web-enabled. So any clicks coming from a mobile device likely came via either an app, a texted link or an email - all of which were prohibited.

          Now that so many people do use their phones for surfing the web, I think they were trying to allow for web-based sales via phone through clicks from websites one could access via web browser, regardless of device.

          So even if your site is optimized for mobile, as long as it is accessible via standard web browser, you should be on solid ground.

          At least, that's how I'm reading it. Basically, if you play fair you won't get kicked out of the game...
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        • Profile picture of the author TomyEmaimbumb
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  • Profile picture of the author timpears
    This seems pretty dumb to me, and will only result in less sales for Amazon. what the hell does formatting a site for mobile do to hurt Amazon. whether it is an app or not. The world, cept me, is moving to mobile. since my wife got her new fancy phone, she has used it more than she uses her lap top. she is wondering around the apartment chasing me to tell me something she found in her email of Facebook. Dumb!
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  • Profile picture of the author trader909
    Grow up. Childish insults. if you don't like what i said ignore it!
    Happy "making money though".

    well thanks for that useful comment,

    I'd just like to know, were you born one? Or did you have to work at it?
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  • Profile picture of the author trader909
    need to use your intelligence and not bank on others to for it for you
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  • Profile picture of the author rhinocl
    The person who wrote that agreement needs to repeat 8th grade English. It is not English and shouldn't be allowed as a legal contract as it is so badly written. Shame on Amazon.
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    • Profile picture of the author JohnMcCabe
      Originally Posted by rhinocl View Post

      The person who wrote that agreement needs to repeat 8th grade English. It is not English and shouldn't be allowed as a legal contract as it is so badly written. Shame on Amazon.
      I'm sorry, where did you say you went to law school? :rolleyes:

      This agreement, and others like it, are written in a subset of English called "legalese", where certain words have very specific meanings. In attempting to write an agreement that closes all the loopholes profiteers use to cheat, these documents are often not clear to the general public.

      In fact, if you want a great demonstration of why legalese is necessary, look up a transcript of former president Bill Clinton's testimony in the Lewinsky affair. Lawyers on both sides arguing over the menaing of the word "is"...
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  • Profile picture of the author tritrain
    I could be wrong, but I interpret it as a site with the specific intention of being viewed on a mobile device.

    If your site is viewable on both static and mobile devices it doesn't seem like that is wrong. At least, I hope that is the case.
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  • Profile picture of the author seobro
    What can we say on amazon. They seem to currently be attending the EBAY school of customer service - as in none. Maybe they will start to freeze customer accounts for six month while they investigate for possible fraud like another infamous company. It use to be great being an aff, but not any more. Yeah, there are too many rules an regs.
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    • Profile picture of the author SunilTanna
      Hmmm. I received an email from Amazon associates on August 27th 2013, advising me that I could earn from a mobile optimized site or approved apps (I'm not currently doing either).

      The same announcement is on their website:

      https://affiliate-program.amazon.com...crosite/mobile

      Is the OP sure that he is no reading the OLD version of the associates agreement???
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      • Profile picture of the author tritrain
        Originally Posted by SunilTanna View Post

        Hmmm. I received an email from Amazon associates on August 27th 2013, advising me that I could earn from a mobile optimized site or approved apps (I'm not currently doing either).

        The same announcement is on their website:

        https://affiliate-program.amazon.com...crosite/mobile

        Is the OP sure that he is no reading the OLD version of the associates agreement???
        I think you're right. Good info!

        How has Amazon Associates' mobile policy changed?
        Prior to this announcement, associates were not permitted to integrate affiliate links into their mobile-optimized websites. Today associates can monetize any type of website through our program. In addition, we now offer tools for approved mobile app developers to participate in our program.
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        • Profile picture of the author JohnMcCabe
          Originally Posted by SunilTanna View Post

          Hmmm. I received an email from Amazon associates on August 27th 2013, advising me that I could earn from a mobile optimized site or approved apps (I'm not currently doing either).

          The same announcement is on their website:

          https://affiliate-program.amazon.com...crosite/mobile

          Is the OP sure that he is no reading the OLD version of the associates agreement???
          The two aren't necessarily in disagreement. Here's where they tie the two together:

          Mobile apps require a separate approval process and will earn advertising fees according to a special fee schedule. To participate, your app must be available for purchase in the Amazon Appstore. Apps that are primarily focused on shopping and shopping functionality may not be approved for participation. Visit our Mobile App Distribution Portal to create a developer account and to learn more about the Mobile Associates API.
          The bold is mine. They also want app developers to use a dedicated mobile API, rather than tapping the existing one.
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          • Profile picture of the author Wade Watson
            Yes, the OP is looking at an outdated agreement. This is from the August 27, 2013 announcement:

            "How has Amazon Associates' mobile policy changed?
            Prior to this announcement, associates were not permitted to integrate affiliate links into their mobile-optimized websites. Today associates can monetize any type of website through our program. In addition, we now offer tools for approved mobile app developers to participate in our program."

            This had to happen. Considering how rapidly the populace is moving from desktops to mobile devices, such restrictions could eventually dwindle their associate program away. I would expect their policy to relax more in the near future. Still, I've never felt it wise to invest too much of my marketing efforts in Amazon, anyway.
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