Data Ownership

When contract is over.

[fashezee]

When dealing with an affiliate programs; what is the usual arrangement regarding
the ownership of the user data when the Agreement expires or is terminated?

Does the affiliate own the data - 100% or does the vendor own it?

[Drastic]

Most agreements state the merchant owns the user info indefinitely.

[jomaxx]

Most affiliate programs are set up so that the merchant has exclusive access to customer data. The affiliate site is out of the loop, and merchants certainly won't be handing over their customers' personal data to any affiliate.

Is that what you are referring to, or are you talking about datafeeds (which would be copyrighted and might be considered a trade secret of some kind), or stats showing the program success (I would think you "own" whatever stats you can collect, but there may be a clause in the contract regarding keeping such data confidential), or something else?

[fashezee]

Yes, that is what I'm referring to.

In this particular case, due to legalities, the site must be hosted on the merchants server.
I do not wish to have the merchant own the data if/when the agreement is terminated.

A wholesaler selling China made products in North America, would the manufacturers have
the right to wholesalers customer info?

I beleive the answer is no. Why should it change online?

[Drastic]

Your example is not a real comparison to affiliate marketing. A better one would be: Salesman working for xyz company quits, does he get the customer info for the people he sold to, or does xyz co. retain it? It's usually well laid out before the first sale is made.

In affiliate terms, whatever you agree to when you sign off on the agreement is what you are entitled to after the relationship is terminated.

Look at it like this. Who actually sells the product? As in, processing the credit card and shipping the merchandise? Who services the returns or customer service in general? Etc. etc. Whoever handles this part of the deal is usually who owns the customer info.