Am I Really Violating their TOS, or are they Just BSing?!

Hey guys,

I own a web hosting reviews site, supported by many web 2.0 and social media web properties, driving traffic to it.

An example is my facebook fanpages. I create fanpages optimized for these keywords... hostname+review+coupon+code ... this will typically be in the URL as in: facebook.com/HostNameReviewCouponCode

I've only had one prob time ago with a specific hosting company that asked me to only use their links on "my facebook page", which I created for them, as some people have started to post links to other hosts on that facebook page and I had to do some cleaning. They said as long as the page contains only their links, they have no problem with that, so I adhered.

HOWEVER, after a long time, now another web hosting company sent me this message:

========================

Hi *MyName*,

I'm contacting you on behalf of *Company Name* to inform you that we
have found a web page you are running that has violated our Terms of
Service (facebook.com/HostNameReviewCouponCode).

As stated in our TOS

http://www.hostname.com/their tos link.html 

Code (markup):

"Any sales generated in conjunction with special discounts or coupons
are not commissionable."

At this time we are not offering any coupons, deals, etc.

http://www.hostname.com/coupons-updates-page/ 

Code (markup):

So if you can please take us down from this site and any other TOS violating
sites that you may have us on right away. However, I will let you
know if we do offer coupons or deals in the future.

Please feel free to contact me if you have any questions.

Best Regards,
*Her Name*

========================

I replied back that the coupon/discount link included on that facebook fanpage only takes to the default aff link now, since there are no new coupons, and that I only have it there in a ready position once they offer new coupon codes, so that I switch links from only one place and it should be updated in all of my couponcode.html links/pages.

Also, slightly mentioned that I have a deal with my affiliate manager with them (about special commission rates) and asked if the deal is still on.

Anyway, my aff manager never contacted me about this matter, but this same lady replied back to me with this:

=================

Hi *MyName*,

We understand that the coupon page is not fake. However, we don't plan on implementing any type of coupons in the near future. Reason is that affiliates will start to target keywords, such as coupons, deals, promo codes, etc...and we are trying to keep this from happening. A customer may go to a legitimate review site like yours, then search "XXXX Coupon" and then purchase via a 'deal site.' This takes away the referrer credit from your site, so we are not allowing any type of coupon pages across the board. It is really to protect affiliates such as yourself who have good review sites.

We are keeping this rule in place for ALL affiliates, so we would appreciate it if you could take down that Facebook page which is optimized for "Hostname coupons". I understand it is not misleading or fake in any way, and we are not accusing of such. I hope you'll understand and please let me know if you had any other questions or concerns. The placement deals you had with *My-Aff-Manager's-Name* will stand as you had discussed with him. That won't change.

Thank you,

=====================


Now why do I have a feeling that it is all about the fanpage's name and optimization.. and that it doesn't belong to them and they can't control it?

For some reason it doesn't seem that she is complaining about the hostnamecouponcode.html links as much as the facebook fanpage itself. It is like it was ok if I use all the coupon code links that take to the default aff link, but the facebook fanpage has to go down no matter what??

All of the hosting companies affiliate agreements have the same TOS. Many of them have seen their own version of this facebook fanpage and non has complained so far or asked me to remove theirs.

UPDATE: Now she found out I have another fanpage belonging to another one of their hosting companies that they run themselves, and asked me to take that page down as well.

Question: Am I really violating their terms, based on the explanation she gave above? Or is she just BSing?? Her reasoning doesn't seem to make much sense to me.

Thanks...

 

Yes, you are really violating their terms. Whether or not you understand their reasoning for their terms or not, the term are crystal clear:

You're trying to make sales in conjunction with discounts and coupons. Her reasoning makes perfect sense to me.

1. Searcher looks for hosting review.
2. Searcher finds a review and is convinced by a review that they should buy xyz hosting. The reviewer has earned the commission.
3. Searcher goes on to search for a discount or coupon.
4. Commission is sniped from reviewer.

This is bad for the hosting company because it forces reviewers out of business, thus less people will be convinced by reviews to buy from their hosting company.

 

I agree, the terms are pretty clear.

 

As a general rule, if you are an affiliate of a merchant and they ask you to take down a link or page, you probably should comply. There is no point in arguing with them. They are the ones who pay the commission and you don't want them to remove you from their affiliate program.