there was a court case in the US a couple of years ago relating to this, and with the big G losing, this terms was deemed to be unenforcable - however this was in the US, and whilst it's taken its time, it's good to see them loosening up things here....it'll be interesting to see how this changes anything with affiliates though, any protected ppc on brand is for members of said program - so I
am an aff of merchant A, who does allow PPC, but not brand. I
am also a member of merchant B, who is a competitor, who also allows PPC, but not brand.
As merchant A, my terms would dictate that I do not pay commission on ppc conversions through this channel, however I then start to see my brand on merchant B searches, and would pay. Where do merchants draw the line on this? Would you bid on your main competitors brand, or see this as ungentlemanly, and unethical??