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| Main Board Business chat and general industry chat.. All participation is welcome. Dont post your fucking spam here either. |

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#1 |
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I always see the same old tired argument on the forum
Company A had "this is not allowed" in their TOS, yet management did "that which is not allowed" so, Company A says you can't promote on tube sites, but a lot of Company A's revenue is FROM promoting on tube sites does Company A have every right to do whatever promotions they want with THEIR OWN company? isn't a TOS just for those promoting the program? I just hate seeing people look like idiots telling a company "their broke their own TOS!!!!".... |
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#2 |
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Celebrating Company's Success with A Beer From Mini Bar
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Join Date: Oct 2002
Posts: 8,726
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Yup. They mot certainly can. TOS define the terms of business between the webmaster and the company only. Outside of that the company can do as it pleases.
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#3 | |
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Fat Fucking Nobody
Join Date: Jul 2005
Location: Houston
Posts: 2,353
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Quote:
Depending on exactly what it is, doing something that would violate their own TOS can make a program appear rather hypocritical.
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#4 |
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Celebrating Company's Success with A Beer From Mini Bar
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Join Date: Oct 2002
Posts: 8,726
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I agree with you 100% on that. It might be a bad business move on their part depending on the situation but they certainly have the right to do it.
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#5 |
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well, unless they wanted complete control over a form of promotion, such as tube and warez sites....I know if I was a program owner, I wouldn't want affiliates posting 30 minute videos and linking from warez sites, but I would want the option so that I could monitor it closely
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#6 |
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Brilliant Innoventionalist and writer.
Join Date: Dec 2003
Location: USA, Northern Hemisphere, Terra, 3rd of nine, Sol System, Milky Way Galaxy, Far from Galactic Core
Posts: 1,934
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Control, control, control......
Everybody wants control over things that aren't controllable. If your business model doesn't inculde promotion in just about any way reasonable, it's just a bad business model.
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![]() Eric J. White VirtualSexMachine.com |
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#7 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,407
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Part of the advantage of running your own program is being able to decide what your own tolerances are for generating your own traffic. The rules you apply for action you accept from outsiders is a totally different animal.
You're not allowed to walk into the back of Mickey D's and build your own Big Mac either, but an employee certainly can.
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Fuck the Palms! |
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#8 |
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SigWhore
Join Date: Jan 2008
Location: Montreal, Canada
Posts: 281
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Hi Jace,
A Company should always write in to their TOS that "The terms of this agreement may change at any time" or similar. It may at first seem like this is a slap in the face to customers, but in reality the company providing the service probably has more experience or insight as to what is required to run their buisniess effectively. Every once in a while, a customer who may be upset for any reason can try to take advantage of what they perceive to be a flaw in a tos agreement, or an imagined weakness. Regardless, the company has to modify the current or future toss to prevent that issue from happening again. In my opinion, its simply a part of the natural growth of any honest business. Regards, |
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#9 |
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Future BROmaster
Join Date: Dec 2007
Posts: 255
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Companies have to be very careful not to violate their own TOS or Privacy Policies. Its rather hard to enforce a contract that the owner of the site doesn't follow. And if its a breach of the Privacy Policy, that could lead to direct litigation against the company, especially if a company sells off information and the Privacy Policy doesn't allow for such.
TOU or TOS, DMCA and Privacy Policy are all extremely important. Michael www.AdultBizLaw.com |
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#10 | |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,407
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Quote:
Most common example I can think of is cellphones. Go to any mall, you'll typically find a company owned store for all of the major carriers inside the mall. That is direct. You will also find a seemingly infinite number of small stands which may carry just one carrier or may carry multiple. Ditto for other stores like big box retailers. And you can bet that the company store can offer certain plans and services that the indirect dealer cannot. In some cases, you may also have plans specifically for the indirect that the company store doesn't have. Bottom line they're adhering to different marketing policies and rules. Another example, Wal-Mart. If you think you can deal with wal-mart to sell ANYTHING, the same way you deal with every other retailer you are SADLY mistaken. I would just about guarantee wal-mart has a unique contract with every manufacturer or wholesaler that they deal with directly. And that is essentially what I would think the TOS for affiliates is....a contract between them and the program. Help me understand what's different?
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Fuck the Palms! |
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#11 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,407
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Didn't think he'd have an answer for that one...
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Fuck the Palms! |
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#12 | |
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Future BROmaster
Join Date: Dec 2007
Posts: 255
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Quote:
You can certainly define what is permissible and you can give different rights to different classes of people in a separate contract. However, if you have a general TOU on your site that defines your general terms. For example, in your TOU, your may restrict visitors from downloading your content and posting it on Tube sites, however you may and can allow a reseller to use certain content on Tube sites to promote your content. I would have a separate contract for resellers. You may want to take an approach like this so that an affiliate that can produce strong sales has all the tools available to him/her to drive traffic. In that instance, in your TOU you should reserve all rights to place content on Tubes, but it has to be reserved and noted. Just reserve certain rights that you may want to give to others or keep for yourself. Not sure if that answers your question, but sorry I missed it originally. Michael www.AdultBizLaw.com |
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#13 | |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,407
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Quote:
In my eyes, the owner and his in-house traffic generation is a totally different class of user. Heck, he never had to even signup for the affiliate program and agree to the TOU.
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Fuck the Palms! |
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#14 |
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exactly
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#15 |
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Catsup Head
Join Date: Mar 2006
Location: MontrealQuebecCanada
Posts: 185
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What you have to do is put in the Terms of Service that you can change the terms of service without warning and that they are bound to the terms of service pre/post change.
Just like paypal did.
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#16 |
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Members
Rcourt sez get off your ass and promote AEBN! AEBN PAYS!
Join Date: Oct 2002
Posts: 3,567
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Most companies wouldn't let a little thing like a ToS get in the way of making money.
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oh my god that's some funky sh-t! |
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