Affiliate Window Code of conduct

[adamski]

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We'll get it sorted this morning. If anyone wants to see the terms now, they are available here: https://www.affiliatewindow.com/docu...liateterms.pdf

[John Jupp]

3.10 does NOT prohibit the production by affiliates of their own banners hardcoded with an affiliate deeplink to a specific merchant page. That's the way I read it Adam as the merchant has NOT supplied this.

3.10 The Affiliate agrees not to disrupt the Service by hard coding any banners or
buttons which the Merchants may make available to the Affiliate.

If you are saying affiliates may not produce their own advertising creative then the way you have written this is not legally tight and moreover if an affiliate uses a website with flash or buttons that contain a hardcode to a merchant site with an affiliate link (I do have direct links hardcoded into buttons) and you say this is not permitted it's going to cause chaos in respect of website redesigns for many people.

[tbp]

Thanks Adam,

Just logged in and the message has now popped up for me.

[bapages]

Personally I see no issue. Use your judgement and consider what is reasonable and fair, if in doubt drop the account manager of the program an e-mail and he/she will sort it!

The only query I have is the term that you must state all web site used, but where do you enter others?

[mcol]

We do not expect affiliates to supply each and every site they use

hi Adam,

I can't find the new T&C's to check (are they on the site?) , but I'm pretty sure that's exactly what they said was required.

[babrees]

We do not expect affiliates to supply each and every site they use

OK, now I am confused. Your new T&C states:

2.3 Each Applicant must provide the domain names of all websites on which it
seeks to place Links. If the Applicant proposes to use other methods to place
Links, the Applicant must disclose details of those methods to DWL.

But now you are saying that we don't have to

The reason for the hard coding clause is to avoid inaccurate information being presented to consumers. [snip] In conjunction merchants like the ability to change a banner creative knowing it will update for all linked affiliates.

Well, that would be great IF all merchants kept their banners up to date - but they don't! The amount I see with banners for christmas or summer 2007 and other outdated ones. I came across one on my site for a sale that ended in June - that company didn't even have a generic banner, but here we are in August

Because a large number of merchants do NOT keep their banners updated, I tend to just go for generic ones, in case I forget to change it. It would be so cool to be able to place a banner for a sale on my site, knowing that when the sale finishes it will revert to a generic banner, and when the next sale starts it will change to that!

[mcol]

We do not expect affiliates to supply each and every site they use or detailed, specific methods by which they get traffic to those sites

hi Adam,

ah yes here we are.

2.3 Each Applicant must provide the domain names of all websites on which it
seeks to place Links.

3.1 An Affiliate may place links only on its Affiliate Properties, including its
Affiliate Websites and any other venues provided to and approved by DWL.

So where exactly do I register my websites, because right now I'm in breach of the terms and conditions that I've just accepted.

[rm94531]

We understand it is not always possible to use what is available in the system and would ask affiliates to contact the relevant merchant account manager at Affiliate Window for a resolution or to supply the necessary creative size. This point has always been present in our affiliate T&C’s.

I have made requests in the past for specific 'standard' sized creatives, only to receive the response, what is the business case for the request ? LoL !

[sgpratley]

Finally, thanks Stephen for originally posting this, we didn’t think it would cause such a stir but this is where the forum comes into its own allowing the questions and answers that serve a much wider audience.

Thanks Adam, I did hesitate in posting to begin with but figured that you guys are always ready to discuss difficult matters openly.

I've actually got two hats on here, on the affiliate side I can see the reasons for these and if it stops rogues overwriting my cookies with clicks of dubious origin then I'm all for it, just that the letter of the law seemed a bit vague in cases. At the end of the day it comes down to trust and you guys score well on that front, but regimes change sometimes....

The other side of the coin is with my agency / merchant hat on. If the legal department of some of the large publishers got hold of this and felt there was an obligation to disclose commercially sensitive information in order to become part of the channel, they may just turn it down and keep bashing campaigns on networks where no such obligation exists, or even decide not to enter the affiliate channel at all. I'm sure we're all aware of the spirit and intentions of the agreement, but corporate lawyers don't often think in such wishy-washy terms. My concern is that it might create obligations that some large and legitimate publishers wouldn't want to meet.

[sticky]

hi - i am currently on hols so just quickly logging on. Havent got time to read it all yet(and dont have acrobat on the pc I'm using anyway). What happens if I dont agree by 31st July which is an extremly short time ? ie .will my links still work?

[lauriebred]

I've just logged on and found my T&C message. A bit that caught my eye read:

Unless DWL permits otherwise each Affiliate will only participate in the
Service on the terms agreed with DWL and each Affiliate will not look to set
up a separate Programme whereby it has dealings with other Merchants or
the Affiliate promotes different goods or services

Could you be more precise with this please? It looks as though you're saying that I can't promote other products or other merchants on my site.

[gunneradt]

Ive not seen any t&cs.

Might be nice if there was transparency around merchant t&cs - particularly breaches of notice periods when leaving the network.

[Matthew Wood]

A couple of days to review these terms and conditions seems a bit short notice guys? We are forced to either accept or decline as of this morning its seems?

[gunneradt]

not me

ive not been sent or seen anything

[adamski]

Thank you all for your valuable feedback. We have already commenced work on implementing these changes for any future revisions. To answer some of your specific questions.

Tbp – You will not get cut off if you do not accept before the end of today. The system will merely continue to prompt you to accept prior to login.

John Jupp – Thank you for pointing that out. We are looking at rewording that clause as it has caused confusion. As stated in my post, we do not expect affiliates to remove all hard coded banners. However, we do expect affiliates to use common sense when promoting merchants to ensure they are not misrepresenting their brand. If anyone is unsure about the way in which they are promoting a merchant, I would advise contacting the relevant account manager.

Babrees – This clause is included so we can legally request this information from affiliates should there ever be reason to question their activity (e.g. Spyware). We understand it is not always feasible for affiliates to list all their sites. We do not intend to clamp down on affiliates that don’t. We may look at changing the wording on this if we can come up with something a little less severe that still allows us to request the information in extenuating circumstances.

Obviously you can see the tangible benefits of being able to highlight multiple url’s, especially if you have specific sites in mind for a merchant promotion. We also recognise the current system is not suitable for efficient and effective site listing and we have a new development in the pipeline which should hopefully address this and allow greater scope, until this is released you only have to list all your sites if

a) you choose to or
b) DW request directly with a clear explanation.

Merchants failing to keep creative up to date is an ongoing issue we are trying to address through ensuring enough variety and regular education. However, we recognise that the technical development of our banner and linking system for merchants and affiliates is an ongoing need and we have some exciting improvements on the horizon. One such example is the ability to set expiry dates on creative so they can auto replace with generic material when promotions end.

Mcol – Hopefully I have covered this point in my answer to Babrees. If you have any concerns, please get in touch and I would be happy to offer you further reassurance in writing.

Stephen – If any large scale publishers have concerns with the new terms, I would be happy to speak to them directly to iron these out as a conversation can go a long way to allay any concerns. In truth, we also trust our reputation is enough to verify our intentions with affiliates.

I have spoken with a number of affiliates over the past few days and all of these conversations have resulted in understanding acceptance of the terms.

Sticky – Your links will remain active. You will simply continue to be prompted to accept prior to login.

Lariebred – Totally agree with you, I can see no reason why this is in there and I will speak to the legal team to have it removed. This is not applicable and rest assured if affiliates accept these T&C’s this point will not form an active part of the agreement.

Gunneradt – The affiliate terms are available at the following link: https://www.affiliatewindow.com/docu...liateterms.pdf. There should be a message promoting you to accept or reject them when you log in.

I take your point about transparency on merchant T&Cs however these are confidential contracts and are therefore not possible to publish. We do however, intend to put in place best practice documents for merchants which will be made available to all.

Matt – As stated in my previous post, we have made changes to the T&Cs in the past without notifying affiliates. There is apparently no legal obligation for us to do so. We wanted to make this and future changes more public as we feel the new agreement offers much greater protection to all parties. The short deadline is designed to expedite approval of the document and ensure it does not keep getting sidelined.

The fact we have made this available for review and gave affiliates the option to accept, reject and discuss should be seen as a step forward and prove we have nothing to hide. The fact still remains that regardless of T&C’s we will always realise the value of our partners and continue to be progressive in all areas.

Adam