Archive for category Legal Matters
Rebecca Madigan Interview Part Two, Commission Increases, and Facebook Advertising - Legacy Affiliate Podcast Episode Seventeen
Posted by Matt McWilliams in Legal Matters, Podcasts on July 1st, 2010
Episode Seventeen of the Legacy Learning Systems Affiliate Podcast is ready for your listening pleasure.
You can listen or download below and you can subscribe to the podcast in iTunes. You can also listen to past episodes in our Podcast Archive.
In this episode Matt talks about his vacation to Michigan, commission increases for affiliates, Facebook advertising, and the ACLU joining the advertising tax fight. He also finishes his interview with Rebecca Madigan of the Performance Marketing Association, talking about the advertising tax and affiliate fraud.
Here are this week’s show notes:
Performance Marketing Association | PMA on Twitter | PMA on Facebook | PMA Blog
ACLU Joins Fight Against the Advertising Tax in North Carolina
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ACLU Joins Fight Against North Carolina Advertising Tax
Posted by Matt McWilliams in Legal Matters on June 29th, 2010
In the upcoming part two of my interview with Rebecca Madigan of the Performance Marketing Association (listen to part one in Episode 16 of our podcast) we talked about how the advertising tax is making strange political bedfellows, uniting conservatives and civil libertarian groups like the ACLU (American Civil Liberties Union). 
Normally these two groups are on opposite sides of the fence on about 99% of political issues, but the advertising tax in North Carolina, specifically Amazon’s suit against the state, is causing the two sides to find mutual agreement.
Conservatives are generally opposed to the advertising tax on the grounds of that it is…well…a tax. The ACLU, and many others, including Amazon, are opposed to it from the standpoint that the state is requiring companies to hand over personally identifiable information, which DOES violate their Constitutional rights. The ACLU points out that they are not taking issue with the advertising tax in general, but only against the provision that requires the collection of private personal information.
The ACLU recently filed a case on behalf of six anonymous individuals in North Carolina and Cecil Bothwell, an elected public official, who believe (rightly I might suggest) that the government should not be able to access private, personal purchase records. So far, Amazon has complied with part of the law in North Carolina, turning over records of what was bought on their site, but withholding the personally identifiable portions of the information, such as names and address. North Carolina contends that it is entitled to that information.
Oh, don’t get me started…(former North Carolina resident, born and mostly raised, so I know the joke that is North Carolina politics).
Needless to say, it will be interesting to see what becomes of this.
Make sure to listen to our upcoming podcast Episode 17 for the 2nd half of my interview with Rebecca Madigan. You definitely will not want to miss it!
Questions for your Affiliate Manager, Testing, Rebecca Madigan Interview, and I’m a Little Teapot: Legacy Affiliate Podcast Episode 16
Posted by Matt McWilliams in Legal Matters, Podcasts on June 24th, 2010
Episode Sixteen of the Legacy Learning Systems Affiliate Podcast is ready for your listening pleasure.
You can listen or download below and you can subscribe to the podcast in iTunes. You can also listen to past episodes in our Podcast Archive.
In this episode Matt sings “I’m a Little Teapot” to pay back Carolyn Tang at ShareASale, talks about questions to ask your affiliate manager, interviews Rebecca Madigan of the Performance Marketing Association about the advertising tax and affiliate fraud, and affiliate bonuses on ShareASale.
This week’s Show Notes:
Questions for Your Affiliate Manager #8
Questions for Your Affiliate Manager #9
Logan Thompson’s Post with Questions #1-7
Suggest Things for Us to Test and Win $50 Amazon Gift Card or $100 in Cash!
Performance Marketing Association | PMA on Twitter | PMA on Facebook | PMA Blog
ShareASale Bonuses and Promotions for July
Bass Guitar, New Banners, Lessons from Eric Nagel and Jason Rubacky, Tennessee Advertising Tax - Legacy Affiliate Podcast Episode Six
Posted by Matt McWilliams in Legal Matters, Pay Per Call, Podcasts on April 9th, 2010
Episode Six of the Legacy Learning Systems Affiliate Podcast is ready for your listening pleasure, with intro music by one of my favorite bands, NEEDTOBREATHE.
This weeks topics include the upcoming bass guitar course, new banners, Pay Per Call lessons from Eric Nagel, Jason Rubacky, and the guys from RingRevenue on the Both Sides of the Tracks Podcast, and Tennessee’s joining the Advertising Tax bandwagon.
I talk about some of the different things that we will be testing on Pay Per Call, such as different messages for each course, different voices, etc. as well as thinking about ways that affiliates can utilize hyperlocal marketing. What are your thoughts? Shoot me an email with your ideas and we can implement them to help you!
You can listen or download below and you can subscribe to the podcast in iTunes.
Show Notes:
Bass Guitars LIVE on ShareASale | All of the Banners with affiliate codes
ABestWeb Millionth Post Contest
Both Sides of the Tracks Podcast on PayPer Call
Advertising Tax Coming to Tennessee?
Posted by Matt McWilliams in Legal Matters on April 8th, 2010
The Performance Marketing Association issued a release on Tuesday regarding a Colorado-like Tax Bill here in Tennessee.
According to the release, the bill copies that of Colorado from earlier this year, requiring out-of-state merchants to report to our state revenue department all sales made by Tennessee customers.
Like the Colorado bill, it is not the typical advertising tax that requires merchants that has a direct impact on affiliates, however, as evidence by Amazon’s dropping Colorado affiliates, it could effect online merchants big time.
More to come soon.
In the meantime, you can use these links for a list of legislators.
Using FTC Guidelines to Your Advantage
Posted by Matt McWilliams in Legal Matters on March 30th, 2010
Linda Buquet had a great post yesterday about using the new FTC Guidelines to your advantage.
I cannot really add anything to her post other to point you to a few of our posts on the subject:
Funny FTC Disclosures
FTC Disclosure Tips
New FTC Regulations Impact Review Sites
Spring, Weddings, Pay Per Call Case Study, and Taxes - Legacy Learning Affiliate Podcast Episode Four
Posted by Matt McWilliams in Affiliate Marketing News, Bonuses, Legal Matters, Pay Per Call, Podcasts on March 26th, 2010
Legacy Learning Affiliate Podcast Episode Four is all recorded and covers some great topics this week.
Spring has sprung (lame cliche) and the time is near for weddings to start. Learn & Master Ballroom Dance is a great gift, as a I talk about in the podcast. 
You can download or listen to it below. You can also subscribe to the podcast in iTunes.
This week’s topics are:
March 2010 Affiliate Insider Newsletter - You can read it here.
Number One Wedding Affiliate Program on ShareASale
New Videos - In the March Newsletter
Big Bonuses This Month
When: March 1-31 What: Sell 20 Painting Courses Amount: $300.00 bonus
When: March 1-31 What: Sell 15 Ballroom Dance Courses Amount: $100.00 bonus
When: Always March 1-31 What: 200 sales in one month Amount: $500.00 bonus $2000.00 bonus
All of our ShareASale Bonuses Can be Found Here
Connecticut Advertising Tax Update - Melanie Seery Contact
You can listen here below and be sure to Subscribe to the Legacy Learning Affiliate Podcast in iTunes
More New Videos, IPhone App News, Demographics and Language Lessons - Legacy Learning Affiliate Podcast Episode Three
Posted by Matt McWilliams in Legal Matters, Podcasts, Video Marketing on March 19th, 2010
Episode Three of the Legacy Learning Affiliate Podcast is live and ready for your listening pleasure.
You can listen and download below as well as subscribe to our podcast in iTunes.
Here are the show notes:
- New Videos on ShareASale - Bass Guitar Promotional - New Piano Sample Lessons - Blues Guitar and Guitar Set-Up and Maintenance Spotlight Series Sample Lessons
- iPhone App Now “New and Noteworthy”
- Course Demographics Added to Tools Section
- Language Lessons from Orwell and Luntz - Politics and the English Language by George Orwell
- Industry News - Advertising Tax Updates from Connecticut and Rhode Island - Connecticut HB 5481 - Rhode Island Hearing Cancelled
ShareASale Videos, Pay Per Call Increase, Traffic Report - Legacy Learning Affiliate Podcast Episode Two
Posted by Matt McWilliams in Legal Matters, Podcasts, Video Marketing on March 12th, 2010
The Legacy Learning Affiliate Podcast Episode Two is ready for your listening pleasure. 
This week I talk about:
- A follow-up to the Perceptual Contrast concept I talked about last week and how it pertains to Google Slaps and the appearance of affiliate sites being Gateway sites. You can read more about it in last week’s show notes. iPhone App, Perceptual Contrast, Taxes, and more - Legacy Learning Affiliate Podcast Episode One
- New Videos on ShareASale.
- The New ShareASale Traffic Report.
- An Update on Learn & Master Photography.
- An update on the Learn & Master Spotlight Series course on Bass Guitar.
- Pay Per Call Increase.
- Internet Marketing from the Real Experts book.
- In Industry News, the Affiliate Advocacy Conference Call with Melanie Seery, Brian Littleon, and Jen Goode. I did a recap of the event here with some great tips from the guests.
You can listen or download below and don’t forget to subscribe to our podcast in iTunes.
Affiliate Advocacy Conference Call about the #AdvertisingTax
Posted by Matt McWilliams in Affiliate Marketing News, Legal Matters on March 9th, 2010
Just finished listening to the Affiliate Advocacy Conference Call with Melanie Seery. Her main guests were Brian Littleton, CEO of ShareASale, and Jen Goode, who was one of the main affiliates fighting the advertising tax successfully in Colorado.
Here are some of initial highlights that I got from the call.
Brian Littleton offered some great tips for communicating with legislators including:
- Don’t mention the unconstitutionality of any legislation. Legislators don’t like being told that what they are doing is unconstitutional.
- Most legislators have two offices, one in their district and one at the legislature. Go to or call whichever is smallest.
From Jeannine Crooks who was having some audio difficulty unfortunately:
- Don’t threaten to move. They generally don’t care.
Threats never work. Neither does telling them they are breaking the law. Stay level-headed and focus on the negative impact of the legislation.
One of the best tips came from Jen Goode who suggested that you try to find a local tie that affiliate marketing has to an organization in the legislator’s district, such as a non-profit or a school that uses affiliate marketing to raise money. This worked very well for them in Colorado.
More to come on this subject but these were some great tips!
Virginia and Vermont Advertising Tax Updates - Great News!
Posted by Matt McWilliams in Affiliate Marketing News, Legal Matters on February 24th, 2010
Great news for Virginia and Vermont affiliates today! Both advertising tax bills died.
Here is the latest from the Performance Marketing Alliance (PMA) via Twitter. More to come later 
Breaking News: Colorado Affiliate Tax is Dead!
Posted by Matt McWilliams in Affiliate Marketing News, Legal Matters on February 8th, 2010
Way to go Colorado affiliates!
The Performance Marketing Association just broke the news that HB 1193 will not include the Advertising / Affiliate Tax in Colorado.
From the PMA:
An agreement was reached today on HB 1193: the inclusion of affiliates establishing nexus will be removed from the bill entirely. HB1193 will now become a bill solely focused on collecting use tax, and nothing to do whatsoever with affiliates.
Breaking News: Affiliate Tax Passes Colorado House
Posted by Matt McWilliams in Affiliate Marketing News, Legal Matters on February 1st, 2010
House Bill 1193 (the Affiliate, Advertising, Internet tax) just passed the Colorado House of Representatives by a vote of 33-32.
Brian Littleton, CEO of ShareASale, and Lisa Picarille both reported that Rep. Joe Rice may have been the first Democrat in any state to speak out against the tax, so perhaps there is a silver lining there. According to Littleton, he wasn’t necessarily opposed to the idea of the tax, but he knows that it won’t work. He is right! It won’t! It just means good affiliates in Colorado are going to seek out homes elsewhere while others have to give up.
One vote! That was the difference.
It’s on to the Senate now. From there, the last line of defense is the Governor and the outlook is bleak there.
As a side note (and I will post much more about this later), I do want to to say that at first glance, Colorado affiliates really had their act together and were really organized. Way to go guys!
Is your state organized? Because it’s likely coming your way, unfortunately. In case the threat didn’t seem real before, it’s getting all too real in some places now.
If you are a Colorado affiliate it may be time to take Melanie Seery’s advice and “Identify vulnerable merchants and find replacements.”
We will keep standing up for what is right. No affiliate terminations on my watch!
Affiliate Tax in Colorado #advertisingtax
Posted by Matt McWilliams in Affiliate Marketing News, Legal Matters on January 26th, 2010
Colorado has introduced House Bill 10-1193, introducing the affiliate/advertising tax.
I have been meaning to post this and add my own commentary since yesterday but I finally decided to just link to Geno Prussakov’s post from Sunday.
Urgent action is needed…the committee is meeting tomorrow (January 27) on this!
Check out Geno’s post and learn more about the Colorado Affiliate Tax. Also, check out what you can do about the affiliate tax, whether you live in Colorado or not.
FTC Disclosure Tips
Posted by Matt McWilliams in Affiliate Marketing News, Legal Matters on October 12th, 2009
As I expected after I posted last week about “New FTC Regulations Impact Review Sites,” I have been getting questions about what affiliates need to do to comply with the new FTC regulations.
There is no shortage of Tweets, blog posts, forum posts, or other commentary on the subject, but I did want to address what you need to do.
First, don’t panic.? It is MY opinion (and my opinion only) that this is not that big of a deal.? It is not armageddon for affiliates.? It can actually be a good thing for you…see #2 below.
Second, compliance is pretty simple.
So what do you need to do?
- Read the FTC’s report - it’s 81 pages long, but you need to read it.
- Write a disclosure page.? DisclosureReport.org is a good place to use for making a simple one.? It is the lazy affiliate’s way to make a disclosure and I don’t really recommend it.? What I do recommend is using your disclosure statement as a selling point, while, of course, complying with the rules.? Be confident in writing your disclosure.? There is nothing to be ashamed of.? Copyblogger has some great tips for doing this in this post.
- Put this disclosure on your site and link to it from every page.
So far, as I can tell, that is just about it.? Yeah, it is that simple.
I will be posting more on this as I learn more.? Feel free to leave a comment with your thoughts as well
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