Rob,
My comment was very specific to Ben's article. His thrust was that these affiliates were commiting fraud against VistaPrint. He concluded with approaches that VistaPrint could possibly take against these affiliates, which included filing a lawsuit against them, such as the current one with Ebay.
If VistaPrint is aware of the activity by these affiliates and is allowing it or worse yet encouraging it, then it can't be fraud by the affiliates against VistaPrint.
That isn't to say that other affiliates in the VP may not feel they are being defrauded. But as Linda pointed out, that issue was not addressed.
Saying that it may not be fraud from a legal perspective, does not mean I encourage the practice, feel it's a good practice for the industry or practice that is good for the industry as a whole.
I personally think that merchant's who utilize such marketing themselves and/or allow affiliates to do so is in many ways worse than the affiliates who using such practices in networks and programs where it is specfically not allowed.
Quote:
|
For affiliates and merchants, the lesson is to know the practices/policies of who your are partnering with and if those practices match with your own values and business objectives
|
That part is the most under-utilized weapon, IMO, in "cleaning up the industry" and self-regulation. Businesses will continue to use questionable tactics as long as they have a financial incentive to do so. As long as companies can have their cake and eat it too, they probably will.
I wonder how many honest affiliates who work with VP or the CPA Networks in Ben's report have contacted them expressing concern? How many merchants on those Networks have contacted them about concerns? In my own past experience, it happens rarely.