Merchants Removing NY Affiliates
May 30th, 2008, 11:34 PM
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What's the word?
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Join Date: January 13th, 2006
Posts: 7,657
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HomeVisions - Additional Stipulation
It's difficult to keep up with these notices. Here's one from HomeVisions:
Quote:
Good Afternoon,
You may have noticed we sent out a program update concerning our Terms & Conditions over the interface today.
The amendment to pay close attention to is 4.4:
4.4. If Merchant is based in New York State or has office(s) located within
New York State, Partner will only allow Merchant to promote Partner brand(s) and/or web site(s) via Partner's web site. Partner may not promote Merchant through any other marketing channel including, but not limited to: paid search marketing, e-mail marketing, lead generation, mobile marketing or telemarketing.
This amendment was instated following New York State passing a sales tax law requiring online retailers with affiliates located in New York to collect sales taxes on shipments to New York state residents. Note this law takes affect June 1st, 2008.
We value our relationships with our new York affiliates and rather than discontinuing business with them, we added the above amendment to our T&C's.
We look foward to continuing our relationship with you in the future and working together as we understand this tax law will affect your business as well.
Please contact me if you have any questions.
Best Regards,
Affiliate Marketing Manager
affiliates [at] homevisions.com
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Last edited by Rhia7 : May 30th, 2008 at 11:37 PM.
Reason: Additional Stipulation, not a termination
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May 31st, 2008, 01:31 PM
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Troll Killer and best Snooper!
I decide when the pigs fly!
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Join Date: January 18th, 2005
Location: New York, USA
Posts: 6,016
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Quote:
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ROFL. Think I'll go establish a nexus in another state.
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Send 'em a note: "All our nexus are in Texas." |
May 31st, 2008, 10:18 PM
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The affiliate formerly known as ojmoo
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Join Date: January 18th, 2005
Posts: 1,088
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Kevin & Rhea
I have nexused in another state. Having all sorts of nexusing fun too.
MOO I'm nexusing over here
Moo Nexusing again
Moo MOO a double nexus.
So many states so many nexusing.
Anyway, I had a plan and I told both of you what is what and I'm sticking with it. Although I do think it was loxly's incorporate in another state that reminded me.
Anyway, maybe at a later time I can sit nexus to you and moo some more :-) Anyway it seems to me that one can nexus in another state, but it will cost you money in taxes to that state and a bunch of fees. The question is will that cost be more or than the lost commission of not nexusing.
__________________
Expert who says Moo
a.k.a. OJMOO
Cow Dance
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May 31st, 2008, 10:58 PM
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Analytics Dude
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Join Date: January 18th, 2005
Location: Rochester, NY
Posts: 4,869
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Again, it has yet to be determined that developing a corporation (S, LLP, etc) will technically remove the liability to the merchant if you live here, and they presumably know you live here.
And if your next question is "How do they know I live here?", I would advise to look again at the scope of this legislation.
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June 1st, 2008, 07:22 PM
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The affiliate formerly known as ojmoo
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Join Date: January 18th, 2005
Posts: 1,088
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Kevin,
Its not where you live its where the corporation that joins the program lives. i.e. amazon has many owners, some of them in NY that doesn't make them reside in NY. If they did they would already be paying the taxes and the point would be moot.
If you do go the way of creating a nexus in a different state. i.e. a Texas Nexus, then you have to do it right. You will pay a bunch of fees and you will have to file the proper papers, you will have to file taxes in that state besides in NY State too. It does seem to expensive and time consuming, but if done right it is perfectly legal and appropriate.
My solution as we discussed was just a lucky break of happenstance and I am very happy that the formation of the entity predates the enactment of the law, but if it hadn't it still for me is a valid solution.
__________________
Expert who says Moo
a.k.a. OJMOO
Cow Dance
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June 1st, 2008, 07:26 PM
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Just doing my best.
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Join Date: October 16th, 2006
Location: The Moon
Posts: 2,025
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Quote:
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Originally Posted by Rhea
Send 'em a note: "All our nexus are in Texas."
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 LOL |
June 1st, 2008, 11:13 PM
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Merchant & PM
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Join Date: March 13th, 2006
Location: Colorado / Florida
Posts: 4,351
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Sorry to see that NY law has affected so many of you. I can understand that a merchant would have a nightmare trying to deal with this, but nonetheless, it is unfortunate. If other states follow suit it could cause a real mess - so hopefully the constitutionality is successfully challenged before others adopt it as a new honey pot.
__________________
I don't twitter..... 
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June 2nd, 2008, 02:23 PM
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ABW Ambassador
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Join Date: September 25th, 2005
Location: The Pale Blue Dot
Posts: 788
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Quote:
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Originally Posted by oranges
If you do go the way of creating a nexus in a different state. i.e. a Texas Nexus, then you have to do it right. You will pay a bunch of fees and you will have to file the proper papers, you will have to file taxes in that state besides in NY State too. It does seem to expensive and time consuming, but if done right it is perfectly legal and appropriate.
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My understanding of Texas law is that you don't owe Texas any taxes if you have no physical location in Texas. Franchise tax forms have to be filed annually, but the total due will be zero because there's a multiplier line on the form where you write down the fraction of your business conducted in Texas. Texas sales taxes similarly also require a physical location in Texas.
__________________
Kids, you tried your best and you failed miserably. The lesson is, never try. -- Homer Simpson
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June 2nd, 2008, 06:25 PM
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notary sojac
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Join Date: January 18th, 2005
Location: Central/Western NY State
Posts: 6,871
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Online Shoes
Based on these recent changes in the State of New York law relating to the collection of sales tax, it is in the best interest of Onlineshoes.com to temporarily discontinue our current relationship with affiliates located in the State of New York.
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June 2nd, 2008, 06:57 PM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Here
Posts: 1,687
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Herb, I was just coming here to post about Onlineshoes. I sent them a reply that it's not temporary it's permanent.
And I love that the notice is dated with today's date but they made it effective May 31.
Quote:
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This new law went into effect on June 1, 2008. Based on these recent changes in the State of New York law relating to the collection of sales tax, it is in the best interest of Onlineshoes.com to temporarily discontinue our current relationship with affiliates located in the State of New York. According to section 11 of the Affiliate Program Agreement, Onlineshoes.com exercises its right to terminate your affiliate agreement as of May 31, 2008. In light of this recent legislation, we are exercising our right to terminate our agreement using this effective date. Any commissions based on sales through May 31, 2008 will be paid out no later than June 30, 2008. We apologize for any inconvenience this may cause you and thank you for your past participation in our program. We are hopeful that we can restore our relationship with you in the future should the courts resolve this issue favorably.
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Sorry, apology not accepted. It's not an inconvenience, it's unprofessional on your part to wait until now. |
June 2nd, 2008, 10:46 PM
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notary sojac
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Join Date: January 18th, 2005
Location: Central/Western NY State
Posts: 6,871
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Quote:
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Originally Posted by mellie
Herb, I was just coming here to post about Onlineshoes. I sent them a reply that it's not temporary it's permanent.
And I love that the notice is dated with today's date but they made it effective May 31.
Sorry, apology not accepted. It's not an inconvenience, it's unprofessional on your part to wait until now.
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absolutely |
June 3rd, 2008, 06:18 AM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Here
Posts: 1,687
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Can a mod please update the list to add Onlineshoes who on June 2 dropped affiliates retroactive to May 31?
Thanks.
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June 3rd, 2008, 10:25 AM
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notary sojac
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Join Date: January 18th, 2005
Location: Central/Western NY State
Posts: 6,871
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Silhouettes
As you may know, the State of New York recently enacted legislation (Chapter 57 of the Laws of 2008) amending the New York Tax Law requiring all online retailers to collect sales tax on sales referred to them from New York affiliates.
As a result, we have been forced to decide to discontinue our current relationships with our New York affiliates. All affiliate commissions will be paid on sales earned up through May 30, 2008.
We are in the process of revising our affiliate terms and conditions which would allow you to rejoin the program upon acceptance. The new agreement would need to be signed and returned to Silhouettes® and will be available at a later date yet to be determined. We have appreciated your partnership and hope to partner with you in the near future.
Regards -
Silhouettes® |
June 3rd, 2008, 10:30 AM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Syracuse
Posts: 4,197
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Nice, Silhouettes takes an extra day out of the month of May  As for onlineshoes, I just started putting more links to them because I was under the assumption that they weren't dropping New York affiliates.
As I update some websites I think I'm going to have to stick with just the merchants who already charge NY tax until the dust settles down and I know a merchant isn't going to drop NY affiliates. That said I suppose at least Silhouettes is trying to find a way to keep NY affiliates. No way that Linkshare (is that who Silhouettes is with) should let them get away without paying their affiliates for the 31st though. |
June 3rd, 2008, 10:59 AM
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notary sojac
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Join Date: January 18th, 2005
Location: Central/Western NY State
Posts: 6,871
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the original internal email from Silhouettes came 30 May but the affiliation was to expire 6 June. Guess they caught on.
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June 4th, 2008, 10:55 AM
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notary sojac
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Join Date: January 18th, 2005
Location: Central/Western NY State
Posts: 6,871
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add Karmaloop (LS)
Dear Affiliates,
As you may be aware, the State of New York recently enacted legislation (Chapter 57 of the Laws of 2008) amending New York Tax Law in an attempt to force certain sellers to collect sales tax from New York residents. Â After careful review of the implications of our business, we believe it is best for Karmaloop and our customers to suspend transactions with any affiliates who appear to be a "resident representative" in the state of New York, as defined by the legislation, until further notice.
Accordingly, pursuant to Section 5 of our Affiliate Program agreement, we exercise the right to terminate our agreement with you effective May 31, 2008. Â Any commissions earned after May 31, 2008 by the State of New York based publishers, will be reversed. Â Karmaloop, however, will reimburse you for any sales generated through May 2008.
We deeply regret that we must take this action and we will closely watch the development in this area. Â We are aware of your contribution and loyalty to Karmaloop.com during your participation in our affiliate program. Â If New York's laws change, we look forward to resuming business with you in the future.
Sincerely,
Karmaloop Affiliate Team
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June 4th, 2008, 01:35 PM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Here
Posts: 1,687
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Can a mod update the list to add
Karmaloop and Silhouettes
Thanks!
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June 4th, 2008, 07:22 PM
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Newbie
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Join Date: June 4th, 2008
Posts: 1
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You can also add Bodybuilding.com
Quote:
Dear Staff,
I must regretfully inform you that due to the new New York State tax law we are no longer able to work with any New York affiliates at this time. This is an unfortunate decision that many companies have been forced to make.
For your convenience, we have provided a link to a memo from the New York State Department of Taxation and Finance, Office of Tax Policy Analysis, Taxpayer Guidance Division that addresses this new legislation: http://www.tax.state.ny.us/pdf/memos/sales/m08_3s.pdf
We appreciate everything you have done for Bodybuilding.com and hope that we will have the opportunity to work with you again in the future.
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June 4th, 2008, 10:40 PM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Syracuse
Posts: 4,197
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I thought they were already on the list but I don't see them or maybe I am missing them somewhere???
Northern Tool (CJ) Program Update
At this time we are discontinuing our relationship will all New York Based Affiliates. We hope this is a temporary situation and that we will be able to resume the relationship in the future.
Thank you,
Northern Tool + Equipment
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June 5th, 2008, 10:36 AM
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notary sojac
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Join Date: January 18th, 2005
Location: Central/Western NY State
Posts: 6,871
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Quote:
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Originally Posted by Packy
I thought they were already on the list but I don't see them or maybe I am missing them somewhere???
Northern Tool (CJ) Program Update
At this time we are discontinuing our relationship will all New York Based Affiliates. We hope this is a temporary situation and that we will be able to resume the relationship in the future.
Thank you,
Northern Tool + Equipment
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They were in Performics and CJ; in Perf they said they were dropping everyone that didn't send in at least one order in the past year. In CJ they just dropped us. |
June 5th, 2008, 10:41 AM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Syracuse
Posts: 4,197
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Quote:
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Originally Posted by Herb Ô¿Ô¬
They were in Performics and CJ; in Perf they said they were dropping everyone that didn't send in at least one order in the past year. In CJ they just dropped us.
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Thanks Herb  I thought I saw another email somewhere. |
June 5th, 2008, 01:39 PM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Here
Posts: 1,687
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Can a mod update the list to add -
Bodybuilding.com
Karmaloop
Northern Tool
Silhouettes
Thanks |
June 5th, 2008, 03:58 PM
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Analytics Dude
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Join Date: January 18th, 2005
Location: Rochester, NY
Posts: 4,869
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Think Trust got it. Second, I removed REI from thelist, since they decided to charge taxes.
If anyone isn't ok with that deletion, since it still created a lot of work for some folks I'm sure, please let me know.
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June 5th, 2008, 04:09 PM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Here
Posts: 1,687
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Maybe keep REI on list but change text to green with a notation they are now tax compliant? That way it is still on record that they did drop. I think it is only right that anyone new coming here see the whole story. Plus it would show that perhaps we are making a difference by all of our actions. Show the progress we have made by keeping the issues in the open and be proud. What ever the reason for the change of policy.
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June 5th, 2008, 05:59 PM
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What's the word?
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Join Date: January 13th, 2006
Posts: 7,657
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RedEnvelope
Just got this one:
Quote:
As a publisher of RedEnvelope residing in New York State, you may be aware of
new tax legislation in the state affecting affiliate marketing. Although
RedEnvelope values your partnership and hopes to reestablish a relationship with
your publisher site in the future, RedEnvelope has been forced to make the
executive decision to remove all New York based publishers from its affiliate
program effective May 30, 2008.
We appreciate your support of the RedEnvelope affiliate program.
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