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View Full Version : New York Law for Affiliate Marketing Prohibits Mobile Marketing? What's up with that?



coast
06-13-2008, 02:19 PM
I got this email as a change in TOS for New York Residents for an affiliate program. Do any of you in New York know what this is all about?

"The following policies only apply to New York state residents.

As you probably know the latest buzz in the affiliate marketing community has been the law regarding NY state affiliates. We have revised our terms and conditions in a way that will probably not affect the majority of our New York based affiliates, but we need you to take a look at them and make sure that you're ok with them. In general terms, if the only way that you are promoting Favor Affair is via link(s) on your website, then you are ok. See below the line item we added to our terms and conditions.

The types of marketing activities that we have to prohibit include the following:

* PPC marketing
* E-mail marketing (newsletter or promotion e-mails)
* Print advertising (flyers, business cards)
* Lead generation
* Mobile marketing
* Telemarketing

The state of New York has not yet provided a clear list so we are requesting that you only market us through website links. We greatly value your partnership, and hope that these new policies do not affect any current practices you are engaged in on behalf of Favor Affair. Please let me know if you have any questions and thank you for your understanding and cooperation.

This is line item we added to our terms and conditions.

2.4 Starting June 1st, 2008, if Partner is based in New York State or has office(s) located within New York State, Favor Affair (The Shops at 24Seven) will only allow Partner to promote Favor Affair (The Shops at 24Seven) brand(s) and/or web site(s) via Partner's web site. Partner may not promote Merchant through any other marketing channel including, but not limited to: paid search marketing, e-mail marketing, lead generation, mobile marketing or telemarketing. "

Tim
06-14-2008, 08:12 AM
I would read that as text messaging; i.e. mobile spam.