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Affiliate Program paid me $91,000 less than I should have earned

What options do I have? What would you recommend?

         

ThatAdamGuy

8:14 am on Jun 29, 2003 (gmt 0)

10+ Year Member



I just learned that Acme Corporation*, whose affiliate program I've partipated in for a long time, has paid me 'x' dollars per sale... but paid others 'y' cents per click.

I do know when I signed up for Acme's affiliate program, I had the option of:
1) Getting paid by sale
2) Getting paid either by new trial member or by click (I don't recall exactly what they had in place at the time)

But now, clear as day, on their site they list 'x' dollars per sale OR 'y' cents per click (as long as click-to-sale ratio is within their Terms), with the choice up to each Webmaster signing up.

Well, my clicks have converted FAR better than their Terms' stated minimums, and -- noting that I've earned $91,000 less during my partnership than had I been paid by click -- I'm pretty upset!

I've just written Acme Corporation a friendly but concerned note about this situation, and have asked them to call me on Monday. They've generally been responsive with me in the past when I've asked questions or given suggestions, so I do expect that they'll call.

My questions to you:

1) What should I ask for? It's a no-brainer (and I'm sure they'd not flinch) for me to be moved to a paid-by-click account. But I'm thinking they should pay me a tidy sum for at least part of the difference between what I could have earned and what I did.

One compromise I'm thinking of is asking for a lump payment of $45,000 up front as a LOAN... to be paid back in clicks, with my signed guarantee that I'll send that many clicks in, say, three years.

I've also thought about asking for just a $20,000 flat back payment instead with no strings attached. Or perhaps a combo of the loan/flat payment.

On the flip side, though, they could certainly argue that I made the choice to be paid per sale, and that it's not their fault that I've come out behind on the deal. They may further note that I could have switched over to the paid-per-click plan at any time (though it's only noted on the affiliate SIGNUP page, so I wouldn't have really had a chance to notice it if it wasn't there when I signed up!)

2) Do I have any LEGAL recourse on this issue? I know that folks can't give hard-and-fast legal advice, but... if Acme Corp isn't willing to budge at all, do you feel that I wouldn't be wasting my time in consulting a lawyer about this?

Do note that I've never sued anyone in my entire life. And I generally believe in Personal Responsibility. But in this case, I've sent a ton of traffic and earned literally hundreds of thousands of dollars for Acme, and I feel like I've been taken advantage of. :¦

Also note that while certainly not Acme's largest or most profitable affiliate by any means, I am currently earning them at least $10,000 per month in revenues, so it would seem savvy for them to garner some goodwill with me. Plus this is a competitive field, in that there are a GREAT many other businesses in the same space as Acme, often times repeatedly vying for my affiliate partnership.

So anyway, what are your thoughts on all of this?

*For obvious reasons, I'm not stating the real name of this company here or in sticky mail!

peewhy

8:05 am on Jul 1, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



That's a shame, I thought you might have am email list or similar. Sometime after a storm, we see a rainbow;)

Essex_boy

5:19 pm on Jul 1, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Me gloat?!?!?

I wasnt gloating just sniggering up my sleeve....

We haveall been there, me included if that helps.

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