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In a high stakes game of chicken with state legislators, Overstock is once again using the threat of affiliate terminations as leverage in a preemptive move, this time with Colorado state bill HB 1193 (pdf), as the target. The bill, introduced on January 22nd, 2010, attempts to establish responsibility for collection of sales tax for out‐of‐state retailers if those out‐of‐state retailers use Colorado‐based affiliate relationships as a method of advertising. The bill is set for a hearing in front of the House Appropriations Committee for on Wednesday, January 27, 2010 at 8:30AM.

Sponsored by Colorado State Representative John “Jack” Pommer, who is also Chair of the Appropriations Committee, and Senator Rollie Heath, HB 1193 is comprised of the same DNA as the so-called Amazon Tax that was passed by New York State in 2008 and which is currently making its way through a series of legal challenges lead by Amazon. In its’ current incarnation Colorado’s version of the bill does not stipulate a minimum amount of revenue for nexus and  mistakenly treats affiliates as a sales force rather than as publishers  engaging in a method of advertising.

While I don’t condone the way Overstock President Jonathan E. Johnson III callously uses affiliates as bargaining chips, this type of tactic worked quite effectively in California with AB 178 which was ultimately led to a veto by California Governor Arnold  Schwarzenegger. Schwarzenegger even mentioned and appealed to Overstock directly in his reasoning prior to the veto.

In an effort to display small business solidarity and put a face to those in the affiliate industry who would be hurt by Colorado HB 1193, Brian Fox, Senior Director of Business Development at  Adperio, has organized a  meeting at the Legislative Service Building, located on corner of East 14th Avenue and Sherman St., which is directly across the street from the Capital Building. You can find more about the group on Facebook here.

To find out more about HB 1193 visit either the Performance Marketing Association here, or Affiliate Advocacy here. Both are great resources.

If you wish to contact Rep. Jack Pommer you may do so through the following: email:  jack.pommer.house@state.co.us; phone: 303-866‐2780.

If you wish to contact Senator Rollie Heath you may do so through the following: email: rollie.heath.senate@state.co.us; phone: 303-866-4872.


More:
Overstock Threatens to Terminate Colorado Affiliates Over Pending Legislation

As part of the ReveNews 2010 Affiliate Industry Preview Series, I interviewed industry leaders to get a sense of their plans and goals for 2010. Today’s interview is with Kerri Pollard, General Manager of Commission Junction.

How do you feel about the affiliate industry’s current health overall?

With the recession the new key phrase in ’09 was “flat is the new up”.  Obviously it was a difficult time for anybody whose business was tied to consumer spending. Being a performance based online marketing business, we absolutely were impacted.

But with that said I’ve been very pleased in terms of how the year has been rounded out. We’ve been very satisfied with the holiday shopping numbers that were much better than 2008, and not just for Cyber Monday and Black Friday but actually the holiday shopping season  overall. What we saw in 2008 was that Cyber Monday and Black Friday was pretty great but the rest of the holiday season was pretty lackluster. So it was wonderful to see both those key days, as well as the entire holiday shopping season, perform extremely well.

Out of all the different online marketing channels, there is no place I’d rather be than the affiliate marketing.  Having been in the affiliate industry myself for over 10 years, I have experienced firsthand the adaptability, flexibility and strength of performance based advertising which is the core of affiliate marketing.  I think the health of the channel is always good as long as the ROI and the results are there for our clients; which they continue to be.

It’s really exciting to see some of the other online marketing channels, like display and email actually come our way in terms of working deals on a CPA and performance basis and kind of moving away to a certain extent from some of the traditional impression based and click-based buying they are used to. I think we’re in a great position going into 2010.

How has the affiliate industry evolved?

The affiliate industry has evolved is in sync with how the consumer has evolved in terms of where they transact online. When I started back in 1999 affiliate marketing was about these small content sites that were very niche-focused. Today we have somewhat come full circle as niche sites are key again.  Search wasn’t even in the equation until early 2000-2001 when we started to see that promotional vertical really start to expand.  The coupon vertical has always been a strong point and has done extremely well in 2009 as more consumers not only shopped online but also brought certain expectations in terms of looking for a deal before making any purchase.  According to the Center for Media Research 62% of all online adults that shop online now seek out a deal or a coupon prior to making a final purchase; so our coupon publishers have thrived in the tough economic climate.

Here at Commission Junction we see our responsibility as making sure we enable our advertisers and publishers with the tools that they need reach the consumer as they evolve.  Maybe through search, maybe around coupons or around a niche-site how they reach the consumer is going to evolve continually.

Going into 2010 we expect opportunity in terms of social media and mobile, which I know for the last three years has been touted as the year of mobile but I really do think based on recent activity and acquisitions with the iPhone and other smart phones we’ll gain a heck of a lot more traction than in years past.

You talked a bit about mobile. Do you see video picking up as an acquisition channel in 2010?

I think people are still trying to figure video out.  I think that social media is still somewhat having a similar challenge but they’re going to figure it out a hell of a lot quicker than video. The challenge is that the advertising aspect of both those vehicles are so disruptive to the consumer and such a distraction today in terms of the overall experience,  verses being better integrated into it.

So, right now as a consumer you go to a social media platform, whether it is Facebook or MySpace or any of the others, and you have an objective. Maybe it is to catch up with friends or family, maybe look at photos and all of the sudden you have this ad pop up, which is completely not in your frame of reference. Same thing happens with video, you go there and watch a movie or video clip and all of the sudden you have this ad disrupt the video. It’s like forcing you to change your mindset and change your behavior at that exact moment when you went there for completely different objective.

Either the consumer has to evolve and start going to these vehicles for different objectives beyond just catching up with friends or watching a video; or the platforms themselves have to adapt and better integrate the advertising model in a way that is not so disruptive and that’s more so in line with the consumers interest.  Right now, with video especially that’s still what the platforms are struggling with.

What do you think the biggest lessons the affiliate industry learned in the last decade?

The entrepreneurial spirit for our industry has really been on display over the years in terms of how affiliates: adapted to the consumer, reached out to the consumer, and have constantly reinvented themselves.  I know some contacts that I’ve had over the last 10 or 11 years started as one type of publisher and now they’re a completely evolved into a different kind of publisher or they’ve widely diversified themselves.

On the other hand I think the entrepreneurial spirit is has also occasionally resulted in instances of “hey, if it seems too good to be true and it probably is”. I have seen promotional tactics over the years that were very shortsighted and are no longer around because the overall quality of the transaction just wasn’t there in terms of the long term value or life time value for the advertisers.

What do you think the biggest changes will be for the affiliate industry in 2010?

2010 is going to be really interesting.  I think 2009 was just about holding on, to be honest.  I think that was true for all of us in the industry and our competitors in other online marketing channels.  For those of us that have hung on I’m looking forward to 2010 in terms of taking this business to the next level

I think what we’ve understand well here at Commission Junction is that services and relationships are a critical part of the overall success of our business. At the same time I think there’s a lot of opportunity for us to make it easier for new advertisers and new publishers to work within the affiliate model.  We’re going to focus on technology more then we have in the past in order to create more automation, develop new tools and create more optimization within the network.

Currently none of the networks have made it simple enough for new publishers or advertisers to enter the space. There are a lot of hurdles and there’s a lot of heavy lifting involved. Our goal is to try and make it easier for anybody to become a publisher and definitely open new channels for advertiser as well. Especially in terms of getting helping advertisers get into different verticals that we haven’t necessarily worked with in the past like taking things offline which we’ve already somewhat done with our pay-per-call initiative.

I think you’re going to see a lot more diversification in the industry. If I look at our core business which is obliviously centers around retail, travel, and financial I think we’re going to be diversify on both sides of the fence.  Of course we will remain true to our core by supporting our core businesses because that is our bread and butter.  But at the same time we will attempt to diversify our distribution on the publisher’s side and the type of publisher that we work with, making it easier for them to work with us which will naturally extend to the advertiser’s side as well.

What prompted the launch of the pay-per-call?

That’s a good question. In terms of how that conversation all began, we work with a partner based out of Santa Barbara called RingRevenue. They were actually started by a couple of former employees from CallWave which has been a client of Commission Junction for a long time.  So being that Santa Barbara is a small town, the conversation started easily through our connections.  We knew how CallWave would work with our platform already so it started here as a local idea and then has expanded now nationally with our advertisers and with the other networks as well.

How are you seeing adoption among advertisers?

There is a lot of excitement around pay-per-call.  It’s different though since you’re now trying to integrate performance based advertising into an industry that’s new to the model.  So I think there’s been some education, but honestly I feel that we’re finally beyond the education point and we’re getting a lot more traction and adoption with pay-per-call.  And we’re actually going to be investing more into developing pay-per-call further on both the resource and technology front.

I know this next question played a kind of personal role for you Kerri. Last year was a big year in the fight against the so-called Amazon Tax in California, and all the craziness that happened there. Like the subsequent veto by Governor Arnold Schwarzenegger and his crazy speech to Overstock of all things.  How did all that impact you personally and how did that impact CJ directly?

Yeah, I think still the bigger question was what would have happened if it had passed?   I think there was a ton of speculation in terms of what would have happened.  At the end of the day it comes down to how many advertisers, like Overstock, would have terminated their California based publishers, and again, that’s assuming that that advertiser is not already collecting sales tax.  I think that the majority, believe it or not, do already collect sales tax in California because they have some sort of other presence based here in the state. Ultimately understanding what that the number of actual advertisers who don’t already collect sales tax is and understanding what their ultimate decision would be is key to gauging the impact.

In the role of the advertiser maybe I don’t currently collect sales tax in California am I going to terminate those relationships with affiliates. Or maybe am I going to go ahead and collect it the sales tax. These are decisions based on business reasons that are hard to determine before an event. So I don’t know if we ever will really know what the ultimate impact was of the veto because we don’t know what would have happened if it had passed.

Well, it definitely seemed like a big game of chicken

Yeah, it did (Laughs). And it’s not over.

Everybody’s been kind of out of commission here for the last couple months so we’re definitely ready and prepared now in January.  Currently we are hearing that California Assembly Member Nancy Skinner has a hearing date set for this week regarding AB-178. The question is – “will she move forward or not”.

But you know because Arnold called so much attention and visibility to this last year, I can’t see him waffling. Then again, he’s also going to be up for re-election next November, so yeah, anything can happen.

Eidtor’s Note: At this point Ashley DeVan the Director of Marketing for Commission Junction, who was also on the call contributes: I think there’s been a lot of education.  I think we’re in a different place than we were in New York. Nobody knew what to do, then and now we’re learned some lessons.

Do you feel that one of the primary objectives is educating legislators on about the affiliate channel and online marketing as a whole?

Ashley: There was a lot of effort.  There were multiple trips that the Performance Marketing Association has made last year and as did members of the Commission Junction team to Sacramento to meet with different legislators. I think in California they finally get it that our industry is kind of being the fall guys as targets of the Amazon Tax.

Kerri: I think the biggest question we always come back to is, “Well if we don’t do this we still need the money, then what”?

I love Cashbaq President and Co-Founder David Lewis’s response to that, “Hey, we’re not legislators you are, you guys are. Figure it this out.  It’s why we elected you into the office.”

Since New York passed the initial law how have you seen that play out in CJ as far as New York affiliates and those that want to advertise in New York?

Kerri: We definitely did some analysis when it first went down, and as Ashley mentioned I think all of us were taken by surprise. And reacted with, and made some, knee-jerk decisions as it relates to New York and working with New York publishers.  When we looked at the publisher revenue of New York-based publishers that were impacted it was definitely in the area of double digits.

I hope that if another state does go down that path, as we’ve had several smaller states do, where not as many publishers are based, that decisions that are made are no longer knee-jerk reactions because there’s been a lot more education.

What are Commission Junction’s goals in 2010?

Kerri: The key words for us going into 2010 are distribution and diversification. Being able to find or grow the opportunities for our advertisers and publishers, whether it be offline with advertising agencies or working with different kinds of publishers that we haven’t worked with in the past online. Also, increasing that distribution through different types of channels and especially more so on the technology side we’re going to be able to do that in terms of optimization and automation.

We’ll continue, as we always have, by listening to our clients. In 2009 we implemented the Net Promoter Score which we call “the Loop” here, internally and externally with our clients.  “The Loop” is a feedback mechanism that asks the question: On a scale of 1 to 10 how likely would you be to recommend this to a colleague or a friend?  But it’s not just about the one simple question.  It’s about how did they respond and then for us to be able to follow up on that feedback.

I, myself, make personal phone calls to clients as part of the Loop.  Somebody ranks us a two or three, or even if they ranked us a nine or ten, we call to let them know we want to learn more about what they need.  Do you like that we’re doing?  What do you not like that we’re doing?  It really helps out on the services side and it’s really an important initiative for the entire leadership team at CJ and working with our clients.

Ashley: It’s not so much the number but it’s the explanation of why they gave the number where we’ve gotten so much insight and I will say that I have seen other organizations that have used NPS but I’ve never seen a organization who follows up on each and every response like CJ’s does.  So I think that’s where we’ve done a really great job getting the conversation going more and more.

Kerri: Investments like the Net Promoter Score shows our commitment to services and to gaining feedback from our clients in areas we need to make improvements.  We will continue to invest in service; it is definitely one of our key strengths and one of our key differentiators as well. We feel that being successful will require a strong balance of technology with services and relationships.  We will continue to invest in both in 2010 and beyond.

I want to thank Shawn Collins for taking time out during his busy schedule to take part in our 2010 Affiliate Industry Preview Series. Stay tuned for our next conversation with Jonathan Levine, Co-President of LinkShare.


See original here:
2010 Affiliate Industry Preview Series: Interview with Kerri Pollard of Commission Junction

First Quarter Numbers from Big 4 Show Online Ad Recession

According to Techcrunch, online advertising revenue for the big four internet companies (Google, Yahoo, MSN, AOL) indicates a recession in the online advertising market. Combined earnings in Q1 of ‘09 show a 2% drop year-over-year from $8.05 billion to $7.87 billion.

California Ant-Affiliate Bill AB 178 Losses Traction

California affiliates won a small reprieve with news that California Bill AB 178 will not be heard until January.

Mixx Tests User Ranked Ads

Digg competitor Mixx has launched an ad platform called Sifter that allows Mixx users to rate ads displayed on the site. Users are incentivized to vote on their favorite advertising in order to be entered into prize drawings. Interesting thing about the model is that an advertiser with better ads will get the impressions.

Ad.com Goes for $1.4 Million at Auction

During Moniker’s TRAFFIC conference this week, the domain Ad.com sold for $1.4 million dollars at auction. The domain was purchased by Divyank Turakhia CEO of domain parking company Skenzo.


Read the original post:
Cashing Out: Week of April 26-May 2nd, 2009 in Online Marketing News

As efforts to slow down the barrage of poorly conceived anti-affiliate legislation modeled after New York’s so called Amazon Tax seemed to get some traction in California with the delay of AB 178, other states have fast tracked their bills. Most recently Connecticut bill SB806 has moved out of committee and is up for a vote in both houses. The Connecticut Senate could vote on the bill as early as Tuesday, April 14th.

SB 806 is especially troubling because it drops the threshold for nexus to $2,000, the lowest threshold for nexus of any bill to date. Its passage through the Joint Finance Committee was swift with no opposing votes. It will take considerable effort to slow down.

A number of companies and lobbyist groups are working together to fight this bill, including the Performance Marketing Alliance and the newly formed Affiliate Voice, all agree the best chance to beat the bill is for all the hundreds of performance marketers in Connecticut to reach out to their legislators.

“Legislators respond to simple and straightforward messages,” stated Rebecca Madigan, Founder, PMA. “We have learned, in other states, that legislators care most about the impact on small businesses in their districts and their states.”

Below are steps on how you can reach out to your legislator (thanks to the PMA for providing them):

Find your local representative

Here is a list of Connecticut representatives. Click on the District Number under the Senate or Representative columns to be taken to the contact page for your Legislator. If you do not know your district number, you can find your district by entering your address on this search page.

Call your Senate and House representatives

Since the bill is up for a vote in the Senate first, make sure to make that call the priority. You’ll probably just leave a message or talk to a staffer. It is a very brief conversation. Here’s what you say:

My name is [ ], and I am a small business owner in your district. SB 806  will jeopardize my business. There are hundreds of small businesses just like mine in Connecticut, which will be devastated if this bill passes. We are affiliate marketers and we advertise on the internet. SB 806 assumes we sell on behalf of out of state retailers, but that is not true. I urge you to oppose SB 806.

Send a letter, email or fax to your house and senate representatives.

These are 2 quick messages. It is important to stick to some very simple points, which will have the most impact to these representatives.  Form letters aren’t as effective as sending something personal. Fax is probably the best and fastest approach.

Here are key points to include in your message:

1. Who you are, where you live, and any ties you have to the community.

2. Include this information, or a variation:
I am an affiliate marketer and I earn a living through Internet advertising. I do not sell merchant products, I do not even know who their customers are. My business earns revenue through advertising for out-of-state merchants. XX% of my revenue comes from out-of-state merchants (it is important to add an approximate percentage, so legislators can see the impact). I know out-of-state advertisers will stop working with me, because that is what happened to affiliates in New York.

3. Emphatically state:
I am against SB 806. As my representative I need you to vote to oppose SB806.  Can I count on you to be against this terrible legislation?

4. Ask your legislator to contact you and provide an update on SB 806. Be sure to include your telephone and email.

Remember that it is crucial to take these steps by the morning of Tuesday, April 14th which is fast approaching.

Read more from the original source:
Connecticut Anti-Affiliate Legislation SB806 Up for Vote in Both Houses

As efforts to slow down the barrage of poorly conceived anti-affiliate legislation modeled after New York’s so called Amazon Tax seemed to get some traction in California with the delay of AB 178, other states have fast tracked their bills. Most recently Connecticut bill SB806 has moved out of committee and is up for a vote in both houses. The Connecticut Senate could vote on the bill as early as Tuesday, April 14th.

SB 806 is especially troubling because it drops the threshold for nexus to $2,000, the lowest threshold for nexus of any bill to date. Its passage through the Joint Finance Committee was swift with no opposing votes. It will take considerable effort to slow down.

A number of companies and lobbyist groups are working together to fight this bill, including the Performance Marketing Alliance and the newly formed Affiliate Voice, all agree the best chance to beat the bill is for all the hundreds of performance marketers in Connecticut to reach out to their legislators.

“Legislators respond to simple and straightforward messages,” stated Rebecca Madigan, Founder, PMA. “We have learned, in other states, that legislators care most about the impact on small businesses in their districts and their states.”

Below are steps on how you can reach out to your legislator (thanks to the PMA for providing them):

Find your local representative

Here is a list of Connecticut representatives. Click on the District Number under the Senate or Representative columns to be taken to the contact page for your Legislator. If you do not know your district number, you can find your district by entering your address on this search page.

Call your Senate and House representatives

Since the bill is up for a vote in the Senate first, make sure to make that call the priority. You’ll probably just leave a message or talk to a staffer. It is a very brief conversation. Here’s what you say:

My name is [ ], and I am a small business owner in your district. SB 806  will jeopardize my business. There are hundreds of small businesses just like mine in Connecticut, which will be devastated if this bill passes. We are affiliate marketers and we advertise on the internet. SB 806 assumes we sell on behalf of out of state retailers, but that is not true. I urge you to oppose SB 806.

Send a letter, email or fax to your house and senate representatives.

These are 2 quick messages. It is important to stick to some very simple points, which will have the most impact to these representatives.  Form letters aren’t as effective as sending something personal. Fax is probably the best and fastest approach.

Here are key points to include in your message:

1. Who you are, where you live, and any ties you have to the community.

2. Include this information, or a variation:
I am an affiliate marketer and I earn a living through Internet advertising. I do not sell merchant products, I do not even know who their customers are. My business earns revenue through advertising for out-of-state merchants. XX% of my revenue comes from out-of-state merchants (it is important to add an approximate percentage, so legislators can see the impact). I know out-of-state advertisers will stop working with me, because that is what happened to affiliates in New York.

3. Emphatically state:
I am against SB 806. As my representative I need you to vote to oppose SB806.  Can I count on you to be against this terrible legislation?

4. Ask your legislator to contact you and provide an update on SB 806. Be sure to include your telephone and email.

Remember that it is crucial to take these steps by the morning of Tuesday, April 14th which is fast approaching.

Read the rest here:
Connecticut Anti-Affiliate Legislation SB806 Up for Vote in Senate

There has been plenty of chatter about AB 178, the anti-affiliate bill in California. My concern is that as I looked at a board in our community the other day and there were 73 posts on AB 178.  And it was not until post 72 that there was a call of action to do something about the legislation.

It reinforced what I’ve been thinking: we are spending so much time talking to each other and not enough time talking to legislators (my focus here is California but what follow remains true for those in the affiliate industry to reach out to their legislators).

I just wanted to ask everyone to reach out to your legislature in California and write a letter.  Better yet, pay a visit to your state assembly member.

If you don’t think grassroots action can make a difference, think again.  When I was working on Capital Hill, I literally watched a Member of Congress getting ready to vote on a bill look at two piles of letters from opposing sides on an issue on their desk.  Then go and cast his vote from the side that had the most letters in their pile. In another case, I watched a Member of Congress look back at his schedule count the number of people on each side of an issue that had visited him, and then vote for the side for whom more constituents had paid visits over the last six months.

If you are concerned about the ramifications of AB 178 and live in California, you need to write a letter – here is how – or visit your Assembly member. Next week, the California State Assembly is going out on recess and we need to get people to visit their members in 4 key districts.  You really have a chance to make a HUGE difference here.

The list of members is below.  If you live close to their district office, can you please check this link and see if you live in their district.  If you do live in their district, and you know how to visit an elected official,  just do it!  If you need a little help let me know, and I’ll walk you through it and make sure you have some people to help. Caaffiliates (at) gmail.com.   This is not hard, elected officials work for you and they want to hear what you care about and how they can help serve you.

Thanks so much!

Coto, Joe
100 Paseo De San Antonio
Suite 319
San Jose, CA 95113
(408) 277-1220
Assemblymember.coto@assembly.ca.gov

Ma, Fiona
455 Golden Gate Avenue
Suite 14600
San Francisco, CA 94102
(415) 557-2312
Assemblymember.Ma@assembly.ca.gov

Portantino, Anthony
215 N. Marengo Ave
Suite 115
Pasadena, CA 91101
(626) 577-9944
Assemblymember.Portantino@assembly.ca.gov

Saldana, Lori
1557 Columbia Steet
San Diego, CA 92101
(619) 645-3090
Assemblymember.Saldana@assembly.ca.gov

See more here:
Want to Stop AB 178? Talk to a Legislator

As the vote on California’s version of the misguided Amazon Tax, Assembly Bill 178, nears LinkShare has stepped forward to help provide a face to the affiliate business who will be impacted by if the bill is passed. Thanks to Mark Kirschner, Chief Marketing Officer, Linkshare for compiling the letter and kudos to LinkShare for providing it.

Below are highlights of that letter (click here to read the letter in its entirety):

On behalf of our tens of thousands of online advertising, affiliate publisher partners in California, we urge you to oppose AB 178.

AB 178 is of great concern to Linkshare and our clients because when a similar bill was passed in New York State, hundreds of online merchants terminated their advertising relationships with thousands of affiliates in order to avoid collecting New York State sales tax. This directly resulted in a significant decrease in revenue for small affiliate marketing and advertising businesses in New York.

As you consider AB 178, we believe it is important for you to understand the people and faces behind affiliate marketing and advertising and the impact passage of AB 178 will have on their businesses. At LinkShare, we know that our community of affiliates is composed of some of the most talented small business entrepreneurs around.

Attached are profiles of six of our small business, affiliate publishing partners. Profiles like Ben Chui, a California small business entrepreneur:

When Ben Chui started Ben’s Bargains in January 2000, he was a sophomore at UC Berkeley looking to make some extra money. Five years later, his site, BensBargains.net, not only supported him in earning his undergrad degree, but also funded his Masters in Mechanical Engineering. Today, Ben is running the site full time, and has 2 employees.

Perhaps the most touching story of our profiles is that of Todd Martini:

In 1998, Todd Martini developed a web site to post photos of newborn daughter Alexandra so friends and family could see them. That all changed when Alex was diagnosed with Leukemia. To raise money for his daughter’s multiple surgeries, he turned to the LinkShare affiliate program for help. Today, AlexsCoupons.com has 214 LinkShare merchants, who play a key role in helping the
Martini family pay the massive bills related to Alex’s treatment, and sustain her miracle recovery.

Both Ben and Todd manage coupon websites. They are no different than the weekly coupon circular in the local Sunday newspaper or a local value pack mailer, except both Todd and Ben publish these coupons on the web.

Like Ben and Todd, all affiliate marketers work within an advertising model that allows small businesses to display advertising on behalf of retailers whom they normally would not have exposure to without with an advertising agency. The affiliates do not own the customers nor do they transact a sale.

AB 178 singles out the small businesses of affiliate markers and this creates an extremely uneven playing field for them compared to other types of online and offline advertising. This will in turn, will reduce California-based affiliates’ ability to compete with other forms of advertising, as well as with affiliates in neighboring states.

The passage of AB 178 will mean lost revenue and lost jobs for California’s small affiliate marketing, web publishing businesses. This will
devastate these small, entrepreneurial businesses like Ben, Todd and the other affiliates featured in our profiles.

We urge you to read the attached profiles and take the time to understand affiliate marketing before you vote on AB 178. We have also attached a list of all the California cities where we have partnerships with affiliates for your review, so you can understand how many small advertising businesses will be impacted by this bill.

Here is the original post:
LinkShare Puts a Human Face on Affiliates for California Legislators

I wanted to share my letter in opposition to AB 178. Thanks to everyone who gave me feedback, in particular Angel Djambazov. Writing letters does make a difference, especially on this issue because education is so important. People in decision making positions do not understand what affiliate marketing is or the consequences of this legislation.

March 26, 2009

To Members of the Assembly Committee on Revenue & Taxation
State Capitol (Assembly)
P.O. Box 942849
Sacramento, CA 95814

Dear Assembly Member:

I am writing in opposition to AB 178 (“The Amazon Tax”), which would have negative consequences for online businesses based in California. If this bill passes the state will experience a decrease in business activity and probably a drop in net tax revenue.

The goal of this measure is to force out of state retailers to collect and remit sales tax (use tax) by categorizing their California-based affiliates as nexus. While the desire for increased tax revenue is clear to understand, this is a destructive and ineffective approach based largely on misperceptions about what affiliate marketing is.

Before reviewing the likely short and long term negative effects, it may be useful to review two topics:

1. The current language of the bill is overly broad. Any business which accepts “commission or other consideration” for “directly or indirectly” referring “potential customers” is deemed nexus. This is basically a definition of advertising. While this may be intended to apply to affiliates, it could equally apply to any television, radio, outdoor, mobile, print advertising, or non-affiliate internet advertising, such as Google Adwords.

2. Affiliate Marketing is a form of advertising; affiliates are not a sales force. The retailer who engages with a California company on an affiliate basis has no more direct relationship then if they had purchased advertising from a television or radio station. The term affiliate marketing simply describes one of three main advertising models used on the internet:

a. CPM (Cost Per Impression) – If you buy an advertisement on television, radio, outdoor, mailing list (including email), or in print, you’ll pay based on the number of estimated viewers and the value of those viewers.

b. CPC (Cost Per Click) – If you buy an advertisement on Google Adwords, Yahoo Search Marketing, or Microsoft adCenter, you’ll pay for each individual click that is sent. Many affiliate programs also pay out on a pay per click model.

c. CPA (Cost Per Action) – This is the typical advertising model used by affiliates. If you have a retail affiliate program, you set a commission rate to pay affiliates per sale.

CPA marketing allows the advertiser to engage with a large number of affiliates (better known as publishers) who are rewarded if they can prove their value. In contrast to a sales force, distribution center, or maintenance team, an advertiser enjoys no advantage by working with an affiliate in a particular physical location. As a case in point, many large affiliates are based outside the United States. The affiliate marketing model benefits affiliates by allowing small business to display advertising on behalf of retailers which they normally would not have exposure to without an advertising agency.

If affiliates are considered tax nexus, their ability to charge for advertising on a CPA-basis will be seriously disadvantaged compared to their competitors in other locations and their competitors using different advertising models – CPM or CPC. If California affiliates change their locations or their advertising fee structure, this nexus is avoided.

The following items should be considered in opposition to this legislation:

  • Online retailers without current nexus in California have a high likelihood of severing their relationships with California affiliates to avoid nexus. This has already happened in New York, where hundreds of merchants dropped all their New York affiliates – most famously, Overstock.com terminated 3,400 relationships. This loss in revenue greatly hurt small business owners in New York.
  • As a form of advertising affiliate programs are only so valuable to online retailers. The average affiliate program might generate, through advertising, about 10% incremental revenue for an online retailer. Small businesses which participate in affiliate programs are widely dispersed nationally and even internationally. If you divide this percentage by the national population, you’ll note that even in California, the most populous state, revenue from affiliate advertising would only account for one or so percent of an online retailer’s sales.
  • Tax collection compliance is difficult. Most online retailers could not immediately charge sales tax even if they wanted to because the tax code is complex and the change would have to go through the development queue. Faced with a choice between losing one or so percent of their revenue and a possible lawsuit, they’ll probably choose to end their affiliate relationships.
  • The overly broad language will cause confusion and hesitation in the marketplace. If the bill applies to affiliates, it should also apply to Google Adwords, which the vast majority of online retailers advertise through. It might also apply to advertising agencies, such as my own.
  • Passage of this legislation would virtually guarantee a costly lawsuit against the state by its own small and large businesses.
  • Companies without affiliate programs will avoid launching them. My business makes its money managing affiliate programs so you can see the impact this would have on us. My business currently employees seven people full time. This legislation would put a damper on our expansion plans.
  • California will lose current and future jobs because affiliates – highly portable businesses – will move out of state, sell to out of state entities, and not start up in the future.
  • The current and future jobs lost will include a high portion of skilled, well-paid, work-at-home jobs. Becoming an affiliate publisher is an accessible business model, requiring very little capital and is a great model for self employment. California’s unemployment rate is currently 10.5%.
  • In California, call centers and web hosting companies are granted safe harbor status, presumably because the state realizes many of these relationships would be severed and these businesses damaged. The same is true with affiliate relationships.

Thank you for your time and consideration on this matter that is so important to my business and so many other businesses in California.

Sincerely,

Brook Schaaf

CEO

CC: [Note: this list is comma instead of line break separated to save space.]Hon. Charles Calderon, Hon. Chuck DeVore, Hon. Nancy Skinner, Hon. Jim Beall Jr.,Hon. Joe Coto, Hon. Diane L. Harkey, Hon. Fiona Ma, Hon. Jim Nielsen, Hon. Anthony J. Portantino, Hon. Lori Saldaña

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A Letter in Opposition to AB 178

I  knew when Performance Marketing Alliance started on the project to stop California’s anti-affiliate bill (AB 178) that we would need to build a coalition to help is stop it. The good news is we found a coalition of tech businesses that dislike this bill as much as we do, with some names you will recognize including: Amazon, Ebay, Yahoo, and Google. What we bring to this coalition is a crucial small business element and grassroots voice which will make a difference.

Legislators will vote against big business, they will vote for increased taxes, but they wont vote against small businesses in their districts. That is why our voice as affiliate marketers is so important and will play a key part in stopping this bill.

I thought people might like to see the letter from the broader coalition to a key members of the California State Assembly to know we are not alone. (And no, it does not mean you get out of sending a letter or visiting your assembly member, it just means we can stop this if we all can work together. )

Here is a copy of the coalition letter (pdf).

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The following is a message from the Performance Marketing Alliance which lays out the alliance’s plan and argument against California Assembly Bill 178.

As you might have heard, affiliate marketing is under attack in California. Assembly Bill 178 is a California version of New York’s “Amazon Tax”. Plain and simple it is an ugly situation. This post is a summary of the situation and how you can help.

The situation
AB 178 – you can read the bill here - would establish that a nexus is created in California when any out of state retailer enters into any marketing agreement with a California resident or business in exchange for compensation or commission, such as by a link, website, or other form of advertising which generates referrals in excess of $10,000 in sales. Once a nexus is established, AB 178 would require retailers that receive direct or indirect referrals from online advertising on websites to collect sales tax in California.

When New York State enacted such a bill, 100s of retailers immediately severed their relationships with affiliates residing in New York State including Overstock.com and the Home Shopping Network.

Bills like this will have a chilling effect on the affiliate marketing industry.

We need to stop this legislation and we can! With the support of CalChamber and CalTax, California affiliate marketers and the Performance Marketing Alliance is launching a coordinated grass-roots campaign that targets congressional representatives. A similar bill was killed last year by the CalChamber coalition, so we can get this done.

How you can help
We have an attack plan that includes sample letters, fact sheets, congressional contacts by zip code, and a “Visit Sacramento” day, to put faces in front of decision makers. We have two weeks to make a difference.  Time is critical here.

Everything you need to make a difference is itemized below:

  • Sign our group letter – we want over 200 California businesses to sign this letter. Click here to see the letter and sign up. It’s important we gather as many names, company names, as possible. We have made it easy, if you do nothing else do this! You just need to fill out a form.
  • Write a letter to your State Assembly Member – this really does make a difference.
  • Sample letter to write your State Assembly Member here - make sure to personalize it.
  • Find your State Assembly Member here by zip code.
  • Assembly member’s address here – click on the Assembly Member’s name, then find their contact info on their web page. Please sent your fax to their local office (not Sacramento). It’s best to fax AND email.
  • Join our lobby day in Sacramento on March 31. We need to put a human face to this story and the best way to do that is to meet with your Assembly members face-to-face. Brook Schaaf and Karen Garcia are organizing this. You can get in touch with them via email here: lobby_day (at) performancemarketingalliance.com
  • Visit your State Assembly member and tell them to stop this bad bill.  This will have a huge impact!   To find out more email caaffiliates (at) gmail.com
  • Editorial board visits – you can email caaffiliates (at) gmail.com to participate.

Please note, we will have more on district visits and ed board visits in the next few days and I’ll post those on ReveNews too.

The greatest strength of affiliate marketing has always been our amazing entrepreneurial spirit.  We need to put that spirit to work to fight against this bill. If we work together we can win.

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