Affiliate bullied by Corporate Giant, Shame on YOU!
It’s with a heavy heart that for the second time this week I am defending affiliates from an issue that should never have arisen in the first place.I am having to report about an incident that has occurred which is not only beggars belief but challenges and I believe breeches the very terms and conditions that affiliates are required to work within. Whilst the issue is not that common, it does happen from time to time and when it does occur, you have to ask yourself a question, does any one listen and learn from past examples and where is the advice from networks to agencies about affiliate marketing budgets?
Do terms and conditions set by affiliate networks and their merchants really protect affiliates? And where do big corporate giants get off from telling affiliates to shut their mouths when it’s they that make the mistake?
It’s always a bad sign when affiliates are asked to stop sending traffic and take their links down because an Agency working on behalf of a client runs out of budget before the end of the month. Which in my mind shows up some pretty major flaws in their view of affiliates and affiliate marketing in general. One assumes that this agency was chosen for it’s expertise in this area and the ability to manage a budget. It could also be argued that whilst the client may not be directly responsible the buck has to stop at their door, they hold the purse strings.
There is no excuse for ignorance anymore.
A little back ground for those that don’t understand what the issues are. There has been a debate by many industry people that you can’t really predict and have an exact budget with regards to affiliate marketing. Affiliates can not predict how much extra traffic they may get month on month. You can factor in things like seasonality, seo algo movements, affiliate campaigns and so on. Equally merchants can’t predict with accuracy how many visitors they will get. Too many variables all relying on different elements which may increase traffic or decrease traffic. I for one would never ask for a fixed budget without some flexibility to access additional funds should it be required, I would also see this as a great thing, having to ask for more money because the affiliates are doing what they do best, surely?. Any one who has said (you know who you are) “affiliates are like taps, you can switch them on and off” is either in the wrong business or do not see affiliates as part of their serious advertising channel, or worst case see affiliates as some kind of disposable commodity, the thinking often being, “if one affiliate drops us there will be another to take their place”. This is not only naive, it is down right contemptuous and reckless. By running out of budget, four things are most likely to happen.
1. Some affiliates may not know, perhaps they have not received the email and will continue to send traffic and sales which they wont get paid for. Some merchants are probably smiling.
2. Some affiliates will take down their links and most likely start promoting the merchants competitor. Some merchants may not be smiling anymore.
3. Some affiliates may take down links and indeed put them back up, depends how much they rely on the merchant. But in a Yo Yo scenario, forget it. Some merchants maybe worried now.
4. Some affiliates will be annoyed and post on their blog or in forums to advise other affiliates that this program is erratic in the very area that hits affiliates namely finance. Some merchants will get the picture now, Most merchants already understand.
To add insult to injury it’s never a good day when a corporate giant makes a call to an affiliate and asks them to rephrase the very email that the affiliate had received.
So when flybe’s agency Starcom sent their email to all their affilites on Monday – 19th 17:16 and after the work day had finished for most people, saying…
“Firstly, we would like to thank you for all of the hard work you have contributed to the Flybe affiliate programme over the past year. The programme has proved to be a huge success. As Flybe’s financial year is coming to a close at the end of this month, yearly budgets have been reached and we kindly ask that you stop all activity for the remainder of the month. The new year will begin again in at the beginning of April, and we really look forward to continuing our relationship with you then.”(Background: Flybe.com affiliate program via CJ.com, commission of 1% No idea what the cookie is and no own advertiser terms and conditions, none that I can find. In the absence of merchants own terms and conditions, affiliates revert back to the affiliate network terms and conditions. Hands up who has a law degree? (tumbleweed) Thought not. We should all be asking our affiliate networks to ensure that they have layman’s terms and conditions in which we can all understand.)
As a diligent affiliate, Director of flightmapping.com, James Avery, one of the bigger and well respected affiliates in the travel sector with his independent, impartial consumer travel site, did what most, if not all, of us would do. He wrote about this email on his flight blogging site and in an affiliate forum and on his personal blog. His comments are and were factual and without embellishments.
Before long, he got a call from first Cj.com on behalf of flybe’s agency Starcom asking him to amend the posts so it included a reference to it being a flybe/agency mistake, this communication was triggered by a direct response to Mr Avery’s communication he had sent to flybe’s agency, informing them of his astonishment that the budget had run out and he would be writing about it.
Said Mr Avery “We were initially told that there had been a mis-understanding, and that the email was just a polite request to tone down spending. Fine, so I gladly posted that back, said I’d update the story, and hoped we could move on, Unfortunately, Flybe weren’t happy with the changes we made, and they were insistent that we went further, fully explained why this mis-understanding occurred further to add, we were then told that if we didn’t make these changes, we’d be dropped from the affiliate program.”
It should be noted that by the very nature of flightmapping’s business model, by altering the facts, actually challenges the very business model by the way in which flybe made their sales from flightmapping. The clue is in, independent and impartial advice. James Avery knows the travel sector in-depth. He is a trusted source and resource for the aviation industry, employees and consumers alike. So, it would be a bit like asking trading standards to add an extra appendage to ensure the very businesses that has been exposed of having a weakness, still saves face.
The affiliate network involved tried to facilitate some kind of compromise, cj.com advised that Mr Avery should apologise. I do believe that the network tried to resolve the escalating issue and saw an apology as the best way forward for Mr Avery and it would also appease Flybe. I am not too surprised that the network chose the merchant over the affiliate but the simplest way to have dealt with this was to refer to the terms and conditions. In the absence of terms and conditions from the merchant/advertiser (it could be that there are advertiser terms and conditions, I just cant find them), the ts and cs revert back to the affiliate and affiliate network and their terms and conditions. So what terms and conditions did Director or flightmapping.com, James Avery break?
Well as far as I can see, absolutely none. But surely cj would have known that James Avery was in the right, so what’s with the apology bit?
Under cj.com’s publisher code of conduct last updated July 2004
in bold I think is quite relevant. “We, the undersigned Service Providers, believe that fair business practices produce optimum results for online consumers and all parties participating in online pay-for-performance advertising and affiliate marketing programs. In particular, fair business practices are important to the continued vitality of online advertising and the continued availability of advertiser-supported content.”
“Each Service Provider has committed to enforcing the Code through means consistent with its own business operations and practices, and to communicating and cooperating with its customers regarding enforcement and interpretation of the Code”. But this part is a loop hole that needs to be fixed today as no affiliate actually has a leg to stand on and exonerates all advertiser in the event of anything going awry between the advertiser and publisher “Each Advertiser retains the right to choose whether or not to work with a Publisher even if they are in compliance with the Code.” This gives advertisers carte blanch to do what ever they like. Now that apology bit makes a bit more sense, there would have been very little the network could have done, once flybe had made up their minds to either remove Mr Avery from the program or get him to apologise. In this case, by cj’s own code of conduct terms, the Advertiser has the power.
Perhaps Cj.com would like to amend?
It would appear that a flybe nerve has been hit to warrant such attention.
What is this really all about? Are Flybe more concerned about an affiliate posting about the fact that their agency has run out of budget, or more concerned about the flybe name that would induce a corporate giant to resort to such bullying tactics?
Why such an overreaction, James’s post make for interesting reading.
I and others are publicly showing our support for James Avery and flightmapping.com
And I would ask you to support him and here is why…
We live in a democracy, freedom of speech and there should be no excuse to try to censor affiliate opinion if it’s based on fact. The email that was sent is real, the phone calls Mr Avery received are real. FLYBE’s agency ran out of budget, fact! There is and can be no place in our industry for any one bullying affiliates into submission for telling the truth.
News travels fast
Air Scoop – Low Cost Carriers News Portal Blog
Uk – Airport- News Info
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Comments
I delted last comment from me as I was unclear…
Thanks moose :0)
I believe the ts and cs between advertiser and publisher have not been broken, but I question if the advertiser by running out of budget may have broken cj ts and cs with regard to payment of affiliate commissions… too vague
But the code of conduct clause with regards to terminating an affiliate overrides everything anyway, thus there is no protection for the affiliate regardless.
Im checking all ts and cs re all networks now.
I know that we both share the same views with regards to ts and cs and today let’s hope we are a step closer to getting a fair playing field where all parties concerned know where they stand!
Good Blog Jess, you have to sympathize for Mr Avery. Though not quite the degree of what you mention & he has experienced, we had a mutual disagreement with Comet and thus mutually ended our affiliate relationship with each other, as we couldn’t have our own opinion and the only compromises were expected to be made by the affiliate.
http://www.mooseontheloose.co.uk/comet-no-longer-a-shooting-star.html