Continued promotion term

[baldidiot]

The TV campaign you have at the moment in the UK made me look into your program, but the terms are ridiculous:

You can't really expect links to VC from every page of the site? Or is the term there to give you a reason to selectively close affiliate accounts on a whim?

3.4 Continued Promotion

The Affiliate shall incorporate and prominently and continually display the most up-to-date links provided by VC on all pages of its website and in a manner and location agreed with VC, and the Affiliate shall not alter the form, location or operation of the links without VC’s prior consent. The Affiliate is eligible for Referral Commissions based upon its continued promotion of VC. VC reserves the right to terminate Referral Commission if the Affiliate ceases to promote the VC brand. The Affiliate’s reduced or suspended promotion of VC’s sites will be deemed to represent the Affiliate’s termination of this Agreement.

[Sarah_BetVictor]

Hi Baldidiot,

We do not expect our banners to be displayed on every page of an affiliate's website; just somewhere on the site. This is not a term that we would enforce but do expect to see our banners visibly displayed on an affiliates site, if there is no banner then we would ask the affiliate why they are no longer promoting us but not close the account.

[baldidiot]

Hi Baldidiot,

We do not expect our banners to be displayed on every page of an affiliate's website; just somewhere on the site. This is not a term that we would enforce but do expect to see our banners visibly displayed on an affiliates site, if there is no banner then we would ask the affiliate why they are no longer promoting us but not close the account.

Hi Sarah,

Thanks for the quick reply. The problem is that the term is there in the T&C's which means that it could be used against an affiliate - be it now, or 10 years from now. If you are saying that the term, in it's current state, would never be enforced then why have it at all? Why not replace it with a clearer term?

[Sarah_BetVictor]

Hi Baldidiot,

That is a completely fair point, I have put in a request with our content team to change the term and it will be updated shortly to read that our banners must appear somewhere on an affiliates site which is a lot more clearer and less off putting to potential affiliates.

Many thanks for pointing it out.

[GFPC]

I also have a problem with the whole term in general. It is Predatory!

This I brought up at AGD several months ago when i had an issue with VC. The head of affiliates there even came on the AGD forum and talked about it.

Please guys read the WHOLE THREAD

Baldidiot is right these terms can be used against affiliates which did in fact happen.

Read here - http://www.affiliateguarddog.com/for...rms-t2407.html

[Tovey]

Hi Baldidiot,

We do not expect our banners to be displayed on every page of an affiliate's website; just somewhere on the site. This is not a term that we would enforce but do expect to see our banners visibly displayed on an affiliates site, if there is no banner then we would ask the affiliate why they are no longer promoting us but not close the account.

Hmmmm. This is demonstrably *not* true in my case Sarah. Please see my recent thread here on this!

[universal4]

This is not a term that we would enforce

If so, then it has no business being in the terms of service that an affiliate must agree to.

How about putting in terms that are less abiguous and allow affiliates to run their sites the way they see fit and place banners and other creatives where the affiliate chooses?

There are plenty of ways to have a term of continued promotion that does NOT have a quota attached to it, and does NOT restrict the affiliates on the method or location of their promotions for said group that would fair to both parties.

Rick
Universal4

[Sarah_BetVictor]

Hi Rick,

After Baldidiot pointed out the ambiguity in the wording of point 3.4 I had our content team change the wording to read that a banner must be displayed somewhere on the affiliate site. I agree asking an affiliate to display our links and banners on all pages of a site could be detrimental to the overall feel of an affiliate site, or be at odds with their marketing strategy, now we ask that you promote us SOMEWHERE on your site:

http://www.victorsaffiliates.com/en-gb/terms-one.htm
'The Affiliate shall incorporate and prominently and continually display the most up-to-date links provided by Betvictor somewhere on their website'

[universal4]

This particular term seems more reasonable to me....

In the future I would hope that you (and any other program reps that might be lurking) would be willing to work more closely with affiliates and the team at AGD to get terms more affiliate friendly (and without quotas) since most of us appreciate terms that are reasonable and more fair to both sides....

Rick
Universal4

[Richard (OLBG)]

Might be quite nice if somebody was to say thanks to Sarah for listening and swiftly getting a change made to the terms.

Well done Sarah and thanks!

[Sarah_BetVictor]

Hi Rick,

Thanks for your comments, if you are in London for any of the conferences then maybe we can discuss this then.

Thanks,

Sarah

[universal4]

I actually prefer discussing terms and how bad quotas are publicly.

Rick
Universal4