Well done to Affiliate Window, i know a number of networks that tried to get this one, though i do have some valid points if i may. Knowing the sales process as i do for Net A Porter they do need a lot of control and a huge brand protection but the terms and conditions are the most worrying of terms. There seems to be a big cross over with this program, our agreements are directly with affiliate window, not with the merchants directly, these terms and conditions constitute a direct agreement with them which go far past what is considered acceptable for a normal affiliate scheme. It seems a case of the merchant wanting all of his or her cake but not carrying the other parts of it.
My main concerns are that the terms state that they can reject sales that may have already been authorised up to 60 days. I appreciate that affiliates make their own decisions when marketing a program but this is against any other scheme i have seen, why should one merchant be allowed to bully a network into these kind of terms? In this case i would suggest that the auto validation is set to the 60 days only so that at least when affiliates do get a sale validated at least they know it is their money and not be clawed back from them.
As pointed out above the terms and conditions create a direct agreement between them and ourselves not with affiliate window which our agreements are with. In event of clawbacks our direct agreement is with affiliate window not with the merchants. Maybe someone should look at this as i can see if merchants go about making up their own terms like this then there will be a lot of cross over between our agreements with AWIN and the merchant directly.
Maybe someone with a little more of a legal eye could look over this, as i said its not a problem in the sense that affiliates make their own choices but as i can see it, networks are prepared to take more and more stringent terms just to get a merchant which obviously filters down on us and makes the job harder, it would be worthwhile putting much more thought and effort into how these terms are structured so we all know what we are doing.
At present for example we know when we will get paid, anything validated is paid towards the end of the month for all merchants, if these inconsistent terms from merchants are allowed to continue then we will have, yes you get paid but this merchant can or might claw you, and this one but not that one, and the rest wont, but could or maybe. As you can appreciate its impossible for an affiliate to be up to date with all the updated terms all of the time and especially NET A Porter, i mean who really has the time to read all that lot and then keep reading it to see if the terms have changed all the time.
As some things are becoming more and more standard wouldnt it be worthwhile just writing them into the networks terms and conditions rather than a set of dictated terms from merchants, for example not allowed to big on the merchants brand name, mispelling or domain names, for all programs Unless stated etc.
If more work was done on what i would refer to as the master agreement then it would remove half the rubbish from the merchants terms and make our life easier. Also those terms and conditions could be used with merchants like this to explain to them that the terms and conditions set out are more than comprehensive, anything more that they want to add to them go against the grain of affiliate marketing and that they cant dictate terms that go against what already is the most agressive terms and conditions in the whole of the industry.
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