I just noticed there are is a link on the
TD home page to a new
publisher agreement. Currently, when you apply to a program, the
affiliate agreement hasn't been updated, so I thought I'd go thru and see what the differences are. Text from the old terms will be in
red and the new will be in
blue. Post just for info, do your own checks!
Quote:
TradeDoubler has updated the Terms and Conditions (Affiliate Agreement) under which all publishers work when they apply to and promote any Affiliate Program (special conditions, as defined by the Advertiser, still apply). The main changes can be found under Clauses 6, 11, 13, 14 and 15.
Please read this Agreement for your own information.
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As they say 'main changes' I decided to check it all and found one change that could affect quite a few. Note they keep switching from affiliate to publisher.
1. Definitions
Definitions have been reordered and now referer to unique visitors
2. The Service
The following allowed use is no longer in the terms which seems an important change to me.
Quote:
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The Affiliate is allowed to place links in emails to websites which have an Affiliate Program registered at TradeDoubler.
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Quote:
TradeDoubler reserves the right to modify, amend, change or terminate TradeDoubler's service. The Affiliate will be notified of all such changes by e-mail or by an announcement on TradeDoubler's website. If the Affiliate does not accept the changes the Affiliate must immediately cease to use the service and delete all links to Linked Websites.
is changed to
TradeDoubler reserves the right to modify, amend, change or terminate TradeDoubler's service on 30 days' notice to the Publisher. The Publisher will be notified of all such changes by e-mail to the Publisher. If the Publisher does not accept the changes the Publisher must immediately cease to use the service and delete all links to Linked Websites. Any payments which are validly owed to the Publisher will be paid by TradeDoubler within a reasonable time bearing in mind TradeDoubler’s usual payment process.
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3.Obligations of the Publisher
The following term has been removed, probably as its most relavant to email marketing
Quote:
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The Affiliate hereby undertakes to comply with all applicable EU- and national laws and regulations in force from time to time including, but not limited to, the EU-directive 2002/58/EC.
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6. Limits on TradeDoubler's Liability
This whole section has been recreated, but I think the result is the same. Pretty much
TD arn't liable for anything other than those liabilities that cannot be excluded by law. Section 5 already states publishers are only due payment if
TD has received full payment.
7. Term and Termination
the following term has been removed, it refers to the term removed in section 3.
Quote:
TradeDoubler is entitled to terminate this Agreement and/or suspend the Affiliate from TradeDoubler's service or from a certain company's Affiliate Program if:
..
The Affiliate does not comply with any law or regulation as set out in section 3.2
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8. Indemnity
Section has been reworded with little change.
9. Assignment
Small change to clarify that
TD can share any 'other non-personal data' with any third party.
11. Use of Data
New section
Quote:
# By entering into this Agreement, the Publisher acknowledges that information regarding the Publisher, its employees and customers that is provided to TradeDoubler in connection with this Agreement (“Data”) may be processed by: (i) TradeDoubler; and (ii) subcontractors and agents of TradeDoubler in connection with the provision, support and maintenance of the services.
# The Publisher confirms that it is the Publisher's obligation to inform its employees and customers of the processing of Data and to ensure that such employees and customers have given their consent to such processing in accordance with applicable data protection legislation.
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13. Misrepresentation
New section
Quote:
1. Save as provided in clauses 13.2 - 13.3, the Publisher shall have no remedy in respect of any representation (whether written or oral) made to it upon which it relied in entering into this Agreement (“Misrepresentation”) and TradeDoubler shall have no liability to the Publisher other than pursuant to the express terms of this Agreement.
2. Nothing in this Agreement shall exclude or limit TradeDoubler's liability for any Misrepresentation made by TradeDoubler knowing that it was untrue.
3. Nothing in this Agreement shall exclude TradeDoubler’s liability for any fundamental Misrepresentation, including any misrepresentation as to a matter fundamental to the maker’s ability to perform its obligations under this Agreement, but such liability shall be subject to the limit set out in clause 6.5.
4. The Publisher acknowledges and agrees that no representations were made prior to the entering into of this Agreement and that, in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement.
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14. Severability
New section
Quote:
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The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to, this Agreement shall not affect the validity or enforceability of any other terms or rights or the remainder of any such term or right which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof. If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
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15. Entire Agreement
New section
Quote:
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Further to clause 13 and without prejudice to clauses 13.2 and 13.3, this Agreement constitutes the entire agreement and understanding of the parties, and supersedes any and all other previous agreements, arrangements and/or understandings (whether written or oral) between the parties regarding TradeDoubler's obligations and liabilities in respect of the supply or purported supply of, the failure to supply or any delay in performing the services under this Agreement.
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So, to me, the main change is the terms no long say you are allowed to include links in emails, which isn't quite the same as saying can't, but is heading in that way.
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