I work with an affiliate program through a 3rd party affiliate program like CJ and Linkshare. We are grandfathered in to bid on branded terms us in since we do over $100k monthly and years of working with them. They just requested we transfer our domains to them. For this, they will cover the $10 transfer fee. ----------- You have to be kidding right? We own these domains and the SEO traffic for years to come. Have you ever had an Affiliate Manager to transfer your domains? They AM states we will have full control over changes, modifications, tracking, ppc, seo etc. Suggestions on how to avoid losing control while maintaining a good relationship with the affiliate program?
Just say took some 3rd party advice and they said that the domains are worth (basically whatever you want them to be worth) I'd put a retarded price tag on them $100k each lolz.
I would never do this, there's no way. If they really want the domains then do as Seqqa said, but don't transfer ownership to them under any circumstances, there's no legitimate reason they'd want them. At best, tell them you'll change the info to their nameservers or something like that, but ownership -- NOPE.
If they are not trade mark on any company name dont ever give them and register your company on such domains
Your AM is on drugs. Tell him you'll find another network to deal with if he ever says something that stupid again.
I don't understand what you're saying about bidding on branded terms. Terms that belong to the affiliate program?
A lot of times if branded terms of an offer are banned from being used by a search marketer, an advertising company will make an exception to this rule for their top affiliates. The point of banning terms in the first place is usually so that the company can keep their brand secure and not have some moron misrepresent them, but in the case of a big earner like the OP with a long tradition of doing the "right thing," they don't have to worry as much, so they'll let him do it.
Yes, but I asked because if it's a branded term belonging to the affiliate program then I understand this whole issue although I do not understand why you'd be using a domain like that for marketing anyway, if it's a branded term belonging to some third-party company of whom you're marketing an offer for like Flycell then I don't understand why they'd be asking you to hand over your domain.
There are some interesting cases I was just reading on this issue where the affiliate was sued by the manufacturer and won the right to keep the names under 'similar' facts to those you are describing. PM me if you want and I can share some more detail. Seems they are taking the first step to taking the domian. Sounds like they are claiming the right to the domain name and in return granting you the right to keep using it. Unless you are otherwise protected they could of course just revoke that right. It sounds like enough money is at stake that I would contact an attorney.
talk to his supervisor to see if this is permitted by the rule of the company if so, leave them without looking back
Seqqa, I do agree that asking $100k is more my initial response too! jehnidiah, great way of defining the branding. thanks!! for example, widgetsoftware dot com Being the top affiliate, we are allowed to bid on terms like, widgetsoftware, widget software, software widgets. Nutshell, using their product name in common keyword bidding. The question pertains to transferring "ownership" of the domains that were purchased that include the company name. Again, example of mywidgetsoftware widgetsoftwaresolutions dot com 1. The company name was chosen for SEO ranking 2. We've found better CTR with Adwords browntwn what great information . PM to follow. Thanks!! Positive feedback to boot!
Being allowed to bid on trademark terms is entirely different than using their trademark in a domain name - and whether or not they help you in keyword bidding is not a valid argument. The LAST thing you want to do is ask for money for the domains - it can be used as evidence for bad faith registration in a trademark lawsuit. That being said, if the affiliate doesn't want you using the domains, couldn't they just terminate your affiliate agreement? At that point, the domains become pretty much worthless to you because using them for a similar usage would almost certainly be infringement.
These domains were bought in good faith and with the permission of the affiliated company. Yes, they could just terminate their top performing affiliate. That is about as bad as giving away the domains as they have requested, right? They want us to build the sites and give them the domain ownership while being affiliates. Giving away ownership while still doing all the work that could be DNS changed at anytime. I get it. It's a catch 22. Why do they really need ownership? Super affiliates should be treated with respect and not as employees.
I understand your position, but it's also not uncommon for a trademark holder to have some sort of licensing agreement in place for use of their trademark. I've been involved in a number of trademark disputes and am aware that a single person at the parent company can come in and cause a lot of problems. I think a properly worded agreement would allow transfer of the domains to them while protecting your business. Who really cares if they own the domains if you don't have to worry about continued usage rights and your income? You need to get a good IP attorney to advise you and try to work out something that gives both sides what they want. It would be far better to have a contractual agreement in place that gives you certain affiliate rights, commission structure, etc. I can tell you from personal experience that these types of situations can quickly turn into legal litigation with hundreds of thousands of dollars in legal fees - you don't want to seem inflexible and start spouting off to them about your legal rights and what they can and cannot do.
I agree 100% for those who do not know "IP" attorney stands for Intellectual Property. DO NOT deal with ANY attorney in this case, no matter HOW GOOD they are or what your relationship is if they are NOT EXPERIENCED IP attorneys. Preferably one that deals with trademarks specifically
I would definitely not hand over the domain. With it in their possession, you have no control over what they do with it. Dealing with that kind of money, I would definitely not take risks.