Capital One - legal letter

[KieronD]

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I've posted this here as Capital One run across more than one network so hopefully more people will read this post here. Mods, if this is wrong please move post.

Anyway, I got a letter from Capital One this morning quoting "Unauthorised use of Capital One name and logo in link on web site".

Basically they are asking me to remove the Capital One name, logo and link from my web site within 14 days as I am not part of their "network of carefully selected authorised affiliates who are permitted to use the Capital One name and or logo to link to our web site".

Surely as I promote Capital One through an affiliate network and have done for well over a year then I can assume that my site has been vetted and approved? They even pay me commission on sales regularly.

Has anybody else received a letter like this? I'm wondering if it is simply an error or if there legal team are having yet another crackdown.

Cheers!

Kieron

[Mogga]

Were these on CJ and then kicked people off?
*thinks*

[Shane]

Not heard owt before bout cap one cept no keyword bidding.

only other one I know that is touchy about stuff is first direct.. where you cant mention the name anywhere in any advert or use first direct in any keywording.

so you are left with "click mystery link x" for a great deal on bank accounts" lol

[PitBoss]

so you are left with "click mystery link x" for a great deal on bank accounts" lol

I might try that click "here" to play great mystery games. [redirecting to jackpotjoy - lol!!]

[km8]

Originally posted by Shane
so you are left with "click mystery link x" for a great deal on bank accounts" lol

Well here's another one - Littlewoods - can't say the L-word in your ad copy, so you've got ads like:

50% off Widgets
Can't tell you where but,
trust me, they're good!

Have asked them umpteen times to sort this out but they're talking to their legal department about it first!

I've started swapping links to a competitor while they talk to themselves. Guess they don't know how few days till Christmas!

God, life's too short, not to mention Christmas season!

[Matthew Wood]

Hi Kieron,

Yes have had these letters, even though I was an 'authorised affiliate' through both CJ and Smart Quotes.

I'd check that you have the site where the logo / picture appears registered as a 'web site' within the CJ admin interface, as they seem to be taking them from there and cross checking.

This should resolve the problem, however mine took ages to sort out, and despite the law firm, think it was field fisher something -being very polite about it ,I kept on getting the letters recorded delivery.

Anyway check that first and I'd then ring CJ and ask for the Capital One account manager so they can inform their law firm in London that you're authorised and to stop sending you letters.

Hope that helps,
Matthew.

[KieronD]

Thanks for posting everybody.

Have been in touch with the network and all we can think is that it was some sort of error. Am awaiting confirmation though, it's probably something like what you mentioned Matt.

Cheers!!

Kieron

[Matthew Wood]

Just checked post that goes to my registered office address,

what a surprise - I have another letter!

What makes it worse is that the site ( a different one this time) simply uses an espotting feed!

Surely these guys have better things to do than waste time on this!?!

[Supercod]

Speak to the network they should be helping you resolve this, also you could ask them to see sight of the contract / terms of business that they gave to Capital One as that often has provision to allow affiliates to use logo/name in conjunction with the affiliate program only.

Also here are the special terms and conditions, draw your attention to section 5... I the word (“bid”) however it's not clear to me if this part is just PPC or if SEO / normal web pages are excluded.

Special Terms and Conditions

You ("Publisher") and Capital One Bank (Europe) PLC ("Capital One"), have each entered into separate agreements with Commission Junction, Inc. ("CJ") in connection with the Program (as defined in the Publisher Service Agreement). This Agreement provides terms and conditions applicable to Publisher’s membership in the Program in conjunction with Capital One that modifies certain terms and conditions that Publisher has agreed to pursuant to the Publisher Service Agreement entered into with CJ (the "Publisher Service Agreement"). Publisher acknowledges that it may participate in Capital One’s Program only under the terms and conditions set forth below, and that subsequent to Publisher entering into this Agreement, Capital One must determine whether or not to accept Publisher into Capital One’s Program.

In consideration of Publisher being a member of the Capital One Program, Publisher agrees with and promises to Capital One to abide by the following Capital One requirements. Failure of the Publisher to so comply shall entitle Capital One to reject Publisher from the Capital One Program:

This section answers some common questions from affiliates:

1. Publishers shall not send or procure the sending of emails(s) on behalf of, or purporting to originate on behalf of, Capital One without our explicit written permission.

2. Publishers shall only use Capital One Links in the format obtained by Publisher through Commission Junction (within the Commission Junction website members’ area) to link to the Capital One Website.

3. Publisher shall only use information supplied by Capital One in the Commission Junction website members’ area in descriptions of Capital One products and services, and Publisher shall ensure that no information about Capital One products and services on Publisher’s Website is incorrect or out of date.

4. Capital One may in its sole discretion, from time to time, change the appearance or style of the Capital One Link and such Capital One Link shall be automatically modified. Alternatively Commission Junction shall on Capital One’s behalf make available to Publisher an amended Capital One Link in the Commission Junction user interface within the Commission Junction Website members’ area at the Capital One Information Page. Publisher agrees to only use the most up to date version of the Capital One Link for the purposes set out in this Agreement and shall promptly remove any Capital One Link as instructed by Capital One or Commission Junction from time to time that is no longer current.

5. Publisher shall not register, lodge or supply with or to any internet search engine or like service the terms ‘Capital One’, ‘Capitalone.co.uk’ or any other phrase containing the name ‘Capital One’ (“bid”) unless a licence has been issued by Capital One to do so. Agreeing to these Terms and Conditions does not constitute such licence.

This section gives some further information about the Capital One Agreement

6. Publisher agrees not to use the Capital One Link in a manner that disparages Capital One, or its products or services, or portrays Capital One and/or its products or services in a false light. Publisher will comply with Capital One’s requests as to the use of the Capital One Link or its Intellectual Property Rights and will not knowingly take any action that diminishes the value thereof.

7. Capital One reserves all of its right, title and interest in its Intellectual Property Rights in the Capital One Link and the Capital One Website (www.capitalone.co.uk).

8. Capital One does not permit publishers whose website content or URL address infers that it is a different organisation.

9. Your Website will not libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any person or third party.

10. Your Website will not contain any defamatory, pornographic or unlawful content.

11. Capital One may, from time to time, review the performance of Publisher, and if deemed appropriate terminate the relationship.

This section provides clarity on some legal aspects of our Agreement

12. In the event of an inconsistency between the Publisher Service Agreement and this Agreement, this Agreement will prevail.

13. Notwithstanding Section 11.3 of the Publisher Service Agreement, Publisher agrees that its relationship with Capital One is governed by English law and is subject to the exclusive jurisdiction of the English courts. For the avoidance of doubt, Publisher undertakes that it shall not bring, seek to bring, procure the bringing of, or assist in any way, proceedings of any kind against Capital One in respect of this contractual relationship in any forum other than the courts of England.

14. Publisher undertakes that Publisher will indemnify Capital One against all proceedings, costs, expenses, liabilities, injury, death, loss, or damage arising out of the breach or negligent performance or failure in performance by Publisher of the terms of this Agreement.

15. By applying for the Capital One program and clicking on the “accept” icon button you, Publisher, are signifying your agreement to be bound by the terms and conditions of this Agreement to the same extent as if you had personally signed this Agreement.