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Thread: Are sponsors allowed to do this?

  1. #16
    maxpower
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    Quote Originally Posted by wnc View Post
    It appears though that some sponsors think they are only doing a favor to affiliates, seeing no need to explain why an agreement was canceled. There was another thread where CorbinFisher plans on ending their agreement with hundreds of webmasters.
    That really does have to be the most egregious thing I have ever heard of a affiliate program doing. Even seriously considering doing something like that to the point you talk about it in pubic deserves condemnation from the adult community.


  2. #17
    chick with a bass basschick's Avatar
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    most sponsors pay lawyers to write their terms to make sure they are both legal and enforceable.

    and come on - if i have a term that says you can't send traffic from a page with illegal content on it, and specify you cannot have cp, do you honestly think i should pay you for sales from a page with illegal content and cp on it? it can harm my company legally - potentially costing me hundreds of thousands of dollars - and can harm the company's rep since people who see that page is linked to our site will associate us with that content. a person who links to a site from a page like that is doing more damage than the sales are worth.

    Quote Originally Posted by marcjacob View Post
    Im not surpised that program owners think they can do what they like. Id guess (and im certainly no expert in law) that it really depends on what the courts think. In the UK we laws have about unfair contracts. id guess the US has some law effecting this. If thats the case then simply writing a contract that says "i do wtf i like and you cant do a thing about it" may not be upheld when it gets to court.

    Id be interested to Chads view on that.


  3. #18
    The Prince of Dorkness Jasun's Avatar
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    I'm going to tell you that as someone who runs a program, that it's VERY rare that we do it, but yes... we do, we have and we will cancel an account and not pay an affiliate if they break obvious rules.

    One affiliate was logging into the FratmenLIVE! chats and insulting the models. He was being a jerk and not only pissing off the other members but intentionally insulting the models trying to put on a good show (and anyone knows that the models have the lowest self esteems anywhere).

    When I told him to cut it out, he said I was being a "drama queen" and that he was "keeping it real".

    I ran out of patience quickly and he lost his accont.

    That's the only one I can think of, but if someone is doing something that will adversely affect our site.. yes, we'll yank their accounts, but it's generally a last resort.

    If you're sending a lot of joins, it's in our better interest to work out any problems before just cancelling our affilates accounts. If that happens, you should never be taken by surprise and you should always know the reason.
    Jasun Mark. Crass of the Titans.


  4. #19
    marcjacob
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    Quote Originally Posted by Jasun View Post
    I'm going to tell you that as someone who runs a program, that it's VERY rare that we do it, but yes... we do, we have and we will cancel an account and not pay an affiliate if they break obvious rules.

    One affiliate was logging into the FratmenLIVE! chats and insulting the models. He was being a jerk and not only pissing off the other members but intentionally insulting the models trying to put on a good show (and anyone knows that the models have the lowest self esteems anywhere).

    When I told him to cut it out, he said I was being a "drama queen" and that he was "keeping it real".

    I ran out of patience quickly and he lost his accont.

    That's the only one I can think of, but if someone is doing something that will adversely affect our site.. yes, we'll yank their accounts, but it's generally a last resort.

    If you're sending a lot of joins, it's in our better interest to work out any problems before just cancelling our affilates accounts. If that happens, you should never be taken by surprise and you should always know the reason.

    Im guessing you would never ban AND refuse payment without a good discussion and resolution attempt first. I think its terrible that a sponsor would ban without the pre discussion, find out whats happened, why, and if the affiliate will put it right first.

    Im afraid that some sponsors see us as an affilaite id only.


  5. #20
    chick with a bass basschick's Avatar
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    i've been an affiliate for over ten years and never once been termed. of course, unlike most people, i actually READ the terms before i join a program. there are programs out there that don't allow you to promote them however you like. you can't send traffic to playboy from a page with hardcore material. you can't send to one program using a font of more than a certain size. you can't make up your own text links for some programs - especially blind click programs.

    and there are reasons for those rules. whether the affiliates understand them or not. playboy's reputation for softcore makes them money and they will lose more money than they make if people link to them from hardcore, associating their content. bigger fonts send more traffic BUT they don't convert. the program that doesn't allow certain font sizes pays by the click and they lose money if peopile use bigger fonts. one program i know doesn't allow you to make banners for their site without advance approval - because their site is very slick and professional and they feel their brand will suffer if poorly made graphics represent them.

    personally i couldn't care less if i'm just a number or i'm a person to most programs as long as they pay me and answer technical questions. i'm not trying to make friends - i'm trying to make money. i've sent traffic to hundreds of sponsors over the years and only a couple haven't paid us, so it seems to work out.


  6. #21
    The Prince of Dorkness Jasun's Avatar
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    Patti, you do touch on a very serious issue.. is that many sites (I'll use us as an example) have an image that they need to protect.

    Fratmen pays a lot of money for each update. More than any other site I know, to be honest, and for that reason, we have to protect the Brand.

    If affilaites are misleading surfers, it reflects badly on us.

    I had one guy who hadn't really looked at Fratmen, so he just assumed that we were just like all the other cookie cutter sites. I was rather surprised to see him promoting with our content and the text all saying "See Tony take it up the ass for the first time."

    Fratmen is a solo site and Tony never went anywhere near another guy let alone put anything up his ass.


    One guy was promoting us with the tag line "The largest collection of Gay Porn on the Internet"

    Which isn't close to accurate. Our content can't even really be called "gay" in the strict sense.. It's guys jacking off solo, and although the audience may be gay, the sexual orientation of the models is never mentioned. We're also not a "collection" of any kind of porn... we only have Fratmen content so it's just our own studio's productions.

    I contacted both guys and they were more than happy to change the wording of the text, and in the end, they both sold better once they told the customers what they were about to see.

    I don't think I'd ever cancel an account if someone was being misleading, but I've never come across anyone who refused to correct misleading info in their links... (I mean what's the point of that anyway?)
    Jasun Mark. Crass of the Titans.


  7. #22
    marcjacob
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    Quote Originally Posted by basschick View Post
    most sponsors pay lawyers to write their terms to make sure they are both legal and enforceable.

    and come on - if i have a term that says you can't send traffic from a page with illegal content on it, and specify you cannot have cp, do you honestly think i should pay you for sales from a page with illegal content and cp on it? it can harm my company legally - potentially costing me hundreds of thousands of dollars - and can harm the company's rep since people who see that page is linked to our site will associate us with that content. a person who links to a site from a page like that is doing more damage than the sales are worth.
    I totally missed this reply. You are of course 100% right. My comment was more about programs that say they can shut you down for no reason. Thats an unfair contract. In the UK it would be illegal and id guess the us has some king of unfair contract rules. If you have a reason, they of course any program can shut an affiliate down. My point was that you need a fair and reasonable cause to do this. Not just because you dont like the affilaites wife or because they earn more money than you etc.


  8. #23
    marcjacob
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    Quote Originally Posted by Jasun View Post
    I had one guy who hadn't really looked at Fratmen, so he just assumed that we were just like all the other cookie cutter sites. I was rather surprised to see him promoting with our content and the text all saying "See Tony take it up the ass for the first time."
    When i first started promoting Frat Men i emailed either you or someone working for Frat Men with some text links i wanted advise on. I was told not to mention fucking as there isnt any on Frat Men.

    I didnt realise that, maybe i hadnt looked at the tour in deph enough but i never saw on the tour that Frat Men was solo only. I kind of assumed that any gay site (as i assumed it to be) would feature that.

    And to be fair, i dont think the solo guy thing would be as effective on any other site i promote.

    My point is that getting that wrong is maybe to do with a pre conception about gay porn and what it should contain. If you start something new and different (which Frat men to me at least is) then people will get the promo wrong sometimes?

    I guess in my defence at least i asked your view on those text links. Thats why i need to be more than a number to you. So you dont mind getting those questions from me.


  9. #24
    samebb
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    I have a great relationship with reps and owners of most of the programs i work with. I have never before had any problem like this.

    I have done some looking, and found that these terms were changed but a couple of days ago to accomodate what i was removed for.

    I have also attained information informing me that this was a personal attack, and in no way business related. It has nothing to do with how i was promoting the program or its sites.

    Its worrying to think that a sponsor who many people here i imaging work with, would lower themselves to this.

    There are rumours that this sponsor is falling apart at ownership level at the current time, but thats beside the point.


  10. #25
    wnc
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    Quote Originally Posted by basschick View Post
    most sponsors pay lawyers to write their terms to make sure they are both legal and enforceable.

    and come on - if i have a term that says you can't send traffic from a page with illegal content on it, and specify you cannot have cp, do you honestly think i should pay you for sales from a page with illegal content and cp on it?
    Are you accusing samebb of doing something wrong?

    As I wrote elsewhere - An email should have been sent by the sponsor to explain the cancel.

    If SAMEBB has illegal content, HE SHOULD BE BANNED FROM THIS FORUM


  11. #26
    You do realize by 'gay' I mean a man who has sex with other men?
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    Well based on what has been posted so far it looks like this...

    ****** reserves the right to terminate any affiliate at any time for false, misleading, slanderous or libelous comments regarding our company, or if it is determined that their continuing to promote us is not in the best interests of the company. You will be banned from the program and not paid, as well as subject to prosecution and/or litigation regarding such statements.
    Was added after all the recent drama surrounding Pulz.

    In other words, they didnt like what they were reading and because one of their people said they were 'leaving' GWW, despite popping back all the time to read the posts, they didnt want to reply to the accusations posted because they would look stupid.

    Instead, they decided to ban him from their program.

    On the plus side Sam, you can always go signup for Tombars program and send your asian niche traffic there instead, or send it to Geisha Guys via Condom Cash

    Regards,

    Lee


  12. #27
    chick with a bass basschick's Avatar
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    *sigh*

    i knew even as i typed my respose that SOMEONE would have to do this.

    no, i have no clue whatsoever regarding why sam was termed by the sponsor. i don't even know what sponsor it is.

    i AM giving an example of a very good reason to term someone without paying them. i don't actually agree that sponsors should email people when they are termed although it is a nice courtesy. the terms should cover what you can and can't do. i always email people when they're doing something and let them know but if they ignore me, i don't have a lot of options.

    Quote Originally Posted by wnc View Post
    Are you accusing samebb of doing something wrong?

    As I wrote elsewhere - An email should have been sent by the sponsor to explain the cancel.

    If SAMEBB has illegal content, HE SHOULD BE BANNED FROM THIS FORUM


  13. #28
    chick with a bass basschick's Avatar
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    sam, if what i was just told by another board member is true, the people who termed you are - imo - way out of line. they may not like what you kept telling everyone - and it wasn't very smart of you to keep pushing when they made it clear in each post how uncomfortable they were - but since it was apparently the truth, i can't see how they can term you without further discussion.

    on the other hand, making people that uncomfortable is usually going to have some unpleasant side effects...


  14. #29
    samebb
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    Quote Originally Posted by basschick View Post
    sam, if what i was just told by another board member is true, the people who termed you are - imo - way out of line. they may not like what you kept telling everyone - and it wasn't very smart of you to keep pushing when they made it clear in each post how uncomfortable they were - but since it was apparently the truth, i can't see how they can term you without further discussion.

    on the other hand, making people that uncomfortable is usually going to have some unpleasant side effects...
    I have discussed it with a number of trusted people, and yes from your responce here you are probably aware of who and what it was regarding.

    If this company do wish to cease working with me, thats fine. If i was sent an email saying "we no longer wish to work with you, here is the money you are owed, have a nice life" i would simple walk away. However this has not been handled in that way, and i personally feel "ripped off" again.

    Im unsure if i should post the details of who caused this Patti, maybe you could advise me if it would be a smart move. I am sure you can see by the way i can constructed this thread i have in no way tried to cause drama or any kind of slander towards the company in question.

    Someone as knowledgable as yourself Patti, or anyone else who has any advice on this, i would really appreciate your input.

    Thank you everyone.


  15. #30
    maxpower
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    Just talk to Bass in PM if she will do that, but sounds like you kind of fucked man. I know its hard to deal with now, but sure you will move on in no time.


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