ClickBankAffiliates.info need help

Discussion in 'ClickBank' started by h4seeb, Jan 7, 2010.

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  1. Carlx

    Carlx Active Member

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    #21
    ... Already taken ... any more sugestions? ;)

    Al, Alexa is correct ine what she is saying.

    Just because you have a domain with a trademark in doesnt mean you can keep it. IF the trademark owner chose to do so, they could quite easily take the domain from you, you would have no leg to stand on and would lose all time and money you put into developing a site.

    Law's may be different all around the world, but it doesnt change the fact the domain name will be taken form you.

    You are correct that the money i in the mailing lists, so i hope your building a nice big one in case C&D letters start coming through your door
     
    Carlx, Jan 9, 2010 IP
  2. alexa_s

    alexa_s Peon

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    #22
    Yes, it can be difficult to sue people in countries where people aren't used to litigation, but getting sued isn't what it's all about, in those cases. It's as much to do with having the site taken down because the company that owns the trademark can serve the appropriate notice on the hosting company, and in practice the host will almost always comply if they see that their client has no lawful right to the domain he's registered.

    Domain-names are not technically "owned". They're "registered" and effectively leased. There are terms and conditions involved, and one of them is that you don't abuse someone else's tradename.

    I appreciate that many people get away with this, but when you're dealing with huge, wealthy, internationally-trading companies like Clickbank, Amazon, Yahoo, Ebay and so on, you're living very dangerously if you depend on the continued use of a name involving someone else's trademark for your business. These companies have big and efficient legal departments, and some of them even employ full-time staff whose job is simply to identify and resolve such matters, because they stop at nothing to protect the integrity of their brand.

    Basing your business on a domain-name that you could lose at a moment's notice isn't the soundest business model - it really isn't. [​IMG]
     
    alexa_s, Jan 9, 2010 IP
  3. evelinawilliams007

    evelinawilliams007 Notable Member

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    #23
    I partially agree with you Alexa..

    I've just given an example of a domain that's satisfying millions of users daily and wouldn't care much to be taken down. Once again the quality of a website matters a lot more than the domain name. There are several domains that contain "Google" ..

    I don't think google is going to waste billions to have them taken down :)

    Yes they can take legal actions against you, but the domain doesn't necessarily have to be taken from you.

    What happened in the Amazon's case, didn't read the thread throughout.. ?

    I mean that website was a win-win, for both the retailer (Amazon) and the affiliate, why would Amazon have interest to take the domains down?

    Al.
     
    evelinawilliams007, Jan 9, 2010 IP
  4. alexa_s

    alexa_s Peon

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    #24
    Because their concern doesn't relate to the individual instance: it relates to the broader principle that someone illegally registered a domain including their trademark in the name. Their policy is to take legal action over that, regardless of what's actually on the site. That's their right.

    Clickbank can be the same. I say again: I personally know someone who lost their business site and had great inconvenience and expense because they used the word "Clickbank" in registering a domain-name, without Clickbank's permission.

    This, I admit, is a huge improvement from last night, when you were accusing me of "misinforming" people! I'm happy that you've spoken to a lawyer friend since then. [​IMG]
     
    alexa_s, Jan 9, 2010 IP
  5. evelinawilliams007

    evelinawilliams007 Notable Member

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    #25
    You started worrying again Alexa :p

    Well, in that case building lists is something that all small, medium or large business owners should do nowadays.

    Yes I have improved some of my servers :p

    no really .. Trademark is a serious issue but is not as severe as you may think it is. Can you give me an example of that clickbank domain?

    Al.
     
    evelinawilliams007, Jan 9, 2010 IP
  6. alexa_s

    alexa_s Peon

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    #26
    I can't remember what it was called :rolleyes: but I can find out and let you know (might take a few days). ;)
     
    alexa_s, Jan 9, 2010 IP
  7. evelinawilliams007

    evelinawilliams007 Notable Member

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    #27
    Thank you :p

    Al.
     
    evelinawilliams007, Jan 9, 2010 IP
  8. tonysanders

    tonysanders Member

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    #28
    i believe that using a trademarked name in a domain without permission gives grounds for a legal suit of some sort. whether or not the trademark owner does something about it is a different story.
     
    tonysanders, Jan 9, 2010 IP
  9. J1218

    J1218 Well-Known Member

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    #29
    ......wtf?
     
    J1218, Jan 10, 2010 IP
  10. dimmoneycash

    dimmoneycash Active Member

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    #30
    Second that, but I kind of get what he's trying to say ;)
     
    dimmoneycash, Jan 10, 2010 IP
  11. J1218

    J1218 Well-Known Member

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    #31
    The first part I sorta get but I was completely lost once he starts talking about sex with spouses or w.e the hell it was.
     
    J1218, Jan 10, 2010 IP
  12. alexa_s

    alexa_s Peon

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    #32
    You might like, in this context, to read this very recent news story about a guy who just lost 16 domains last week because he'd registered them with a company's trademark in the domain-names. :rolleyes:
     
    alexa_s, Jan 12, 2010 IP
  13. J1218

    J1218 Well-Known Member

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    #33
    .....pwned
     
    J1218, Jan 12, 2010 IP
  14. imkane

    imkane Active Member

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    #34
    But I thought it was impossible to lose a domain name for trademark infringement? At least that's what precious007 has been saying, and he seems brilliant.

    :rolleyes:

     
    imkane, Jan 12, 2010 IP
  15. h4seeb

    h4seeb Peon

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    #35
    h4seeb, Jan 12, 2010 IP
  16. janecompersnews

    janecompersnews Well-Known Member

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    #36
    6.CLICKBANK'S IP RIGHTS.

    a.You shall not use ClickBank's name, trademarks, service marks or any other IP Right of ClickBank in any manner whatsoever to suggest association or affiliation with or endorsement by ClickBank without the express prior written consent of ClickBank, which ClickBank may withhold at its sole discretion. Promotional use of images or reproductions of Payment checks issued by ClickBank without the express, written consent of ClickBank is prohibited. For the avoidance of doubt, the foregoing prohibition applies to any use of the Vendor Spotlight.

    b.Subject to the following terms and conditions, ClickBank grants You a limited, revocable license to use ClickBank's name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text, or (iii) as a sub domain or second or third level domain name identifier:

    1.ClickBank may revoke the foregoing license and/or provide restrictions upon Your use of ClickBank's name, including requiring the use of such disclaimers as Clickbank may provide, in connection with Your use of ClickBank's name, at anytime and for any reason in ClickBank's sole discretion.

    2.Failure to comply with any restrictions imposed by ClickBank upon Your use of ClickBank's name or failure by You to immediately cease all use of ClickBank's name if so instructed by ClickBank shall constitute (1) a breach of the limited license set forth in this Section 6(b); and (2) a breach of this Agreement. In such case, ClickBank reserves the right to pursue any and all remedies available to it at Law or in equity.

    c.Notwithstanding the limited revocable license set forth in Section 6(b) above, as between the parties, ClickBank shall be and remain the sole owner of all right, title and interest in and to the ClickBank Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by ClickBank, and You hereby assign to ClickBank all right, title and interest You may be deemed to have therein. Subject to the limited rights expressly granted in this Agreement, ClickBank reserves all right, title and interest in and to the ClickBank Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by ClickBank. All rights not specifically granted to You under this Agreement are expressly reserved by ClickBank.
     
    janecompersnews, Jan 12, 2010 IP
  17. imkane

    imkane Active Member

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    #37
    You left the default template logo in...doesn't make any sense.

    The right-hand widget column has "something" that's empty.

    Other than that, I don't see how you're going to monetize it since you're just posting Youtube videos that other people made. I don't see any affiliate links.

    Or are you planning on somehow getting tons of traffic (highly doubtful as any SEO keywords related to Clickbank are very saturated) and making money from PPC ads?

    Me thinks you should sell the domain and move onto another project. Not even considering that, as many people have said, you're violating the CB trademark with your domain name.

     
    imkane, Jan 12, 2010 IP
  18. h4seeb

    h4seeb Peon

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    #38
    Yup i m working on it hopefully get 100% done in two to three days , how do u find theme is it ok ?
     
    h4seeb, Jan 12, 2010 IP
  19. J1218

    J1218 Well-Known Member

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    #39
    So let me get this straight....

    Even after seeing this:

    And this:

    You still want to go ahead and create an entire site with that domain name?
     
    J1218, Jan 12, 2010 IP
  20. GeorgR.

    GeorgR. Peon

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    #40
    that's nonsense! Its COMMON SENSE not to use a term which is obviously a trademark and try to build a business or product around such a site.

    This is like going outside when they predicted rain and *hope* you don't get wet. IMHO, really foolish.

    Let a site with a TM in it get some ranking and traffic, then you can wait for the lawyers knocking at your door left and right.
     
    GeorgR., Jan 13, 2010 IP
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