Wednesday, August 20, 2025
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Google Dominated Display

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Display ads can go up and down quite frequently in regard to their performance, but they still remain a very well used form of advertising. As we have all seen for a while now, Google and Facebook have long battled it out for the top name in display advertising. They have both proven very successful when trusted with display ad campaigns, and can both be seen all over the web. An eMarketer article shows both results and predictions relating to the state of this display ad fight for the top. EMarketer has predicted that Google will soon be the top name in display ads once again, even though it already is.

No, that sentence does not make sense at all, but what eMarketer has actually predicted is that Google will steadily increase in net US ad revenue over the next few years, including this year, gaining a prominent lead over Facebook. For this year, eMarketer has predicted that Google will account for 15.4% of the total display ad revenues, while Facebook will come in at 14.4% which is only .3% over their total share of net revenues from last year. However, last year Google only accounted for 13.5% of the net ad revenues in the US, bringing it up almost 2% in a year. By 2014, eMarketer expects that Google will have reached 21.2% of the net US ad revenue, and Facebook will have only made it to 15.5%.

So, it seems that eMarketer has put their faith in Google for the next few years. Facebook’s display marketing efforts are gaining credibility too slowly for them to be on top much longer, so it makes sense that Google would do so much better for this year and the next two to come. In general, though, the display market is expected to improve greatly. Here is eMarketer’s prediction for the display ad market overall:

This year, the overall US display ad market will grow 21.5% to $14.98 billion from $12.33 billion in 2011, eMarketer estimates, driven by the expansion of both Google and Facebook as advertising platforms; the continued health of banner spending due to the expansion of inventory, aided by mobile growth; and increased spending on digital video advertising, especially YouTube.

So, with the display ad market doing well over the next few years, the only hard decision will be deciding who to trust with your advertising campaigns; Google or Facebook? The simple facts are that by 2014, Google is expected to be bringing in an annual digital display ad revenue of somewhere near $4.39 billion dollars. Facebook however, will only be bringing in about $3.2 billion in ad revenue by the same year. Both ad companies are quite successful right now, and they will remain that way over the next few years. However, the predictions from eMarketer show that marketers may want to lean toward Google, as they show a steady and sufficient increase. It will be interesting to see the twists and turns that this race takes along the way that could potentially change what eMarketer has to say about the subject.

Email Marketers: Competitors Adding Spam Traps?

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Seems that there is a growing issue with more and more people being victim of Spam Traps, specific emails created or added by people in order to try to “catch” email marketers. Sometimes its attorneys looking for a quick way to make money, sometimes its actually a competitor trying to hurt another company. For whatever reason, email marketers are having trouble keeping these people off their lists. If you are to believe the rumors by his detractors, even Dan Balsam, famed spam-attorney ads himself to lists in order to make money.

On that note, I would like to introduce you to James Carner with Quickie Marketing, Inc.  They have an advanced list hygiene system that allows anyone to scrub files by themselves 24/7.  They are “the” private investigator of spam advisories and for the last year, James has collected more than 1 million spam advisory IP’s of blackhole/blacklist threats worldwide that he uses to block.  In example, so far in their investigation they found 665 spamhaus IPs and growing weekly.

One unique thing about Quickie is that they have published their advisory findings online: http://www.quickiemarketing.com/spam-advisory in which one can get detailed information about each advisory and a domain to block.

Another unique thing about Quickie is they actually report the traps they find by giving you the trap and naming it.  In example, you would get a csv list of traps that looks like this:

name@domain.com, spamhaus
name2@domain2.com, barracuda

Their Standard Scrub matches and removes:

Against 6.5 mm HAMY traps & litigators
Against 60 mm protestors
Against 100 mm hard bounces
Against 1 mm spam advisory IPs
Checks mx records for a domain
Verifies Reverse DNS
Performs open relay checks
Judges response time performance
Validates working website
Is parked or sends us other warnings

Keep an eye on these guys.  I heard a rumor that they recently hired a CEO and are making some big changes which will turn a lot of heads.  I spoke to James and he says they have around 60 clients paying them on a monthly subscription and their prices compete directly against their competition with $250 per million with no contracts.  Here’s their brochure if you’re interested.

Email them at:  info@quickiemarketing.com
Or call Todd McQuillin (sales) directly for details:  541-480-6301

As a note, this is NOT a paid endorsement or advertisement.

Small Businesses Want Higher ROI on Mobile

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Small and medium sized businesses today still rely heavily on the reviews and social media comments that they accrue from past customers to market their business. Word-of-mouth has always seemed like the best way to keep a smaller business rolling, and it’s been working well for some time now. However, with things like that constantly changing in this world, there will come a time when word-of-mouth just will not be enough to keep up good business. Many SMBs are on top of their marketing and advertising needs, and have pretty successful advertising campaigns running already. A survey performed by Borell Survey, sponsored by mobile advertising blog company Pontiflex, shows how SMBs feel about mobile advertising in particular, and just what their plans and expectations are for the future in regards to it.

In their posting of the results, they go over the main points from the survey of 1,300 small and medium businesses. The first is:

SMBs are increasing spend on mobile (72% will increase/maintain spend over next twelve months)

To be more precise, 27% of the SMBs plan on increasing their mobile ad spends over the next year, while 45% are planning to maintain the amount they are already spending. This tells us that nearly half of the surveyed small and medium businesses are already advertising on mobile, and are happy with what they are spending. In fact, a chart in their reporting shows that in the next year, 49% of the surveyed SMBs are at least somewhat likely to incorporate mobile ads into their advertising and marketing efforts versus the 32% who are not very likely or not at all likely.

Another of the most important points of the survey was,

 However, SMBs are not satisfied with ROI on mobile advertising, and would increase spend even more if they got ROI. (49% of SMBs that have done mobile advertising say that higher ROI will make them increase even further).

One of the main reasons that some SMBs have not embraced mobile advertising may be because of the ROIs that others have been seeing with their mobile campaigns. Pretty much half of the SMB advertisers that do have mobile campaigns would only start spending more if the ROIs increased, which makes perfect sense. It isn’t only SMBs that are often seeing low ROIs on their mobile campaigns, but these returns will continue to increase in the near future, as mobile media use continues to grow.

The final point was this;

SMBs prefer paying for signups as opposed to paying for clicks or impressions  (27% as opposed to 19% for clicks and 6% for banners).

Signups are much more effective for SMBs, therefore it is easy to see why they would prefer that payment method over clicks and impressions. SMBs were possibly the slowest to get to mobile marketing, and now that they have, their views on it are clear. All they want is to be able to spend more, to see a better return on what they are spending, and to be able to pay the way that makes most sense for SMBs.

Want to Make $12B a Year? Look at Mobile.

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Once again, there has been a prediction that proves the certain success of mobile advertising for many years to come. This time, however, the prediction has been made about a specific type of ad spend and that is for mobile web search ads. It is not a type of mobile advertising that you hear a lot of talk about, but it would appear that it is doing quite well. A forecast from Juniper Research, the trusted marketing research company, shows quite a bit of confidence that mobile web search ads will sort of sky rocket in popularity over the next few years.

Juniper Research’s report shows their forecast, stating that the ad spend on mobile web search advertising will reach $12 billion per year by the year 2017. As of right now, the annual ad spend on mobile web search ads is $4 billion on average. With a prediction of the ad spend tripling in the next 5 years, Juniper must expect some sort of huge burst of interest in mobile web search ads to be happening soon. There is so much interest in it now, though, that I did not even think it could get that much higher at all.

Here is some of Juniper’s reasoning on their prediction;

The size of tablet displays – typically either 7-inch or circa 10-inch – makes performing search queries a more comfortable experience, while the fact that these devices are used more in the home or at work for longer periods also means that users will make more queries per session. For these reasons, the report found that tablet users on average make around three times as many queries as smartphone owners, and ten times the number made by users of other handsets.

What that quote tells me is exactly what I forgot to consider. The popularity of tablets these days is through the roof. What do people use tablets for? Search. As the report says, the screen size makes it the optimal mobile search device. Even though people do use web search on smartphones, the tablet has made the experience so much easier and more comfortable that we can probably contribute a majority of the mobile web search success to them. When tablets came into existence, they ushered in countless new opportunities for marketers and advertisers, and one of those was the ability to more effectively use mobile search as an advertising platform.

Juniper’s prediction may seem huge, and that is because it is. However, though it is quite large, there seems to be a very good chance that it is also quite possible.

Usage of web search on mobile devices will be driven by continued adoption of high-usage tablets, with the number of these devices in-use reaching 672 million by 2017.

To have 672 million tablets in use in the world by 2017 will make the mobile advertising business quite a hot one. The year 2017 is still quite a ways away, but if Juniper’s prediction is anywhere near the mark, then marketers can still look forward to the steady increase in mobile search ad performance from now until then.

Is BankRate the Biggest Financial Affiliate Program?

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Stephen Harrell from BankRate briefly talks to Murray Newlands at FinCon about the BankRate affiliate program. They have been running this program for over 10 years and have some really good tips about how to be a great financial best affiliate, and how to educate the consumer to get more sales. Turns out 20% of their sales comes from Facebook educational groups right now!

Word-of-Mouth Still King; Is There a Way to Beat It?

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For a long time now, people have trusted what their friends have to say over what advertisements are telling them. A recommendation from a friend or a past customer usually seems like the most direct and honest way for consumers to get information on a business, product, or brand. This slight distrust in advertising is due to a number of false advertising cases over the years, and now people put a bit more research into something before believing everything the advertisements are telling them. Don’t get me wrong, paid ads are doing their job significantly well, but earned advertising is what any and every business or brand should strive for, because that is guaranteed to see results.

There is not much a marketer can do in the way of earning the trust of consumers and having them share their good opinions, other than of course actually offering a good quality service or product. However, I am sure there are now ways to encourage people to promote a business, regardless of the quality of its services or products.

Anyway, the reason this topic comes up is because of a new report released by Nielsen, the well-known marketing insights company. Their study showed that, in terms of the global average, 92% of consumers said they trusted the recommendations of their friends entirely. Also, with the internet rapidly becoming the new word-of-mouth, 70% of consumers said they trust online consumer opinions completely. However, what is really significant about the data is that all of the least trusted advertising outlets are those that are online. The report showed that 40% of consumers trusted online ads found in search engines. Only 36% of consumers completely trusted online video ads, as well as ads on social networks. Online banner ads and mobile display ads were even lower with 33% of consumers showing trust in them. At the bottom of the chart lie mobile text advertisements, with 29%.

So, basically the data here is showing that no matter how successful online and mobile ads may seem, they cannot beat out word-of-mouth. However, Nielsen provides some good advice against giving up paid media advertising all together.

Instead, we need to start thinking of how paid, owned and earned can work together to improve trust and deliver better results. Marketers continue to discuss them as if they are mutually exclusive media. They’re not.  And now technology is blurring the lines of paid, owned and earned media more than ever.  Paid can now also be social, as social is often about paid. Owned can have paid embedded media in it. And sometimes, all three can exist in one consumer touchpoint. What’s a CMO to make of this trend?

This is a perfect example of how confusing the advertising world can get, especially with the constant innovation of brand new marketing platforms. The internet has given us a way to combine paid advertising with the recommendations of friends, which will ultimately lead to ad success. It may be a delicate and precise art, but there will always be ways to successfully use digital marketing.

AdWords Starts Shared Budgets? Will this Waste Your Money?

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It’s obvious that Google AdWords is one of the more popular marketing platforms used by marketers of many different types. With all these marketers come thousands of budgets ranging from very high to very low. Combine these numerous budgets with the multiple advertising campaigns that each marketer may be running with AdWords, and you get quite a jumble of data and finances to deal with. In order to create a bit more organization in their advertising platform, as well as to provide advertisers a much easier and clearer way to allot their money to different campaigns. Google’s new feature will ultimately improve the way ad spend is managed and probably lead to more ad spending overall.

From the AdWords blog;

Shared budgets is a new feature that lets you establish a single daily budget that’s shared by multiple campaigns in an AdWords account. Shared budgets can make it easier to match your AdWords spending with how your business allocates marketing budget. And they can save you time and improve your AdWords results.

Also in their blog post, Google provides an example that explains just how Shared Budgets work. If you are using Adwords for multiple campaigns such as desktop and mobile, you used to have to figure out for yourself how to wisely allocate certain chunks of your daily budget to each, depending on how you believe each campaign will perform on that particular day. If your estimations are wrong, and you end up spending less than the allocated amount of the budget for one campaign because that campaign did not perform as well as you had thought it would, you are sort of out of luck. That unused chunk could have been used for your other campaigns that may have been performing better that day. It is a bit confusing to explain, but their example better describes the purpose of their new feature.

With Shared budgets, the unused portion of your budget will automatically be distributed to other campaigns, so that the best performing campaigns on any particular day will receive the parts of the budget that they require. This way, marketers won’t have to keep constant watch on their budgets and separate AdWords marketing campaigns.

This seems to me like a way for Google to make sure that no money goes unused by marketers. It may look like an improvement that was made for AdWords marketers, but it could also be Google’s way of making sure that all of the money that marketers meant to spend on their campaigns is actually spent, maximizing Google’s ad revenue. After reading around the web, I wasn’t the only one who realized this possibility.

Anyway, regardless of Google’s intent, this new feature will help marketers who use AdWords as their main advertising platform and who want to get the best results they can from it. Budgeting for AdWords marketing has just become easier, and more efficient. Advertisers can spend exactly what they meant to spend, and see the results that they may have been missing in the past.

BlackHatters: Stop Trying Fake Likes: They Don’t Work

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Everyone has heard all of the stories about the fake Likes and fake Tweets; pretty much anything that has to do with social media marketing can be faked. Marketers are under the impression that these fake responses on their social media marketing campaigns will help them significantly, but that just is not the case. They could even potentially hurt the brand or business more than help. Despite that, though, they continue to pop up. There have been efforts toward stopping them, but there are still going to be ways around them. While I’m sure these paid social media results will end someday, upon marketers’ realizations that they really are not necessary, but for now and apparently for the near future, they are here to stay.

Gartner, one of today’s leading information technology research companies, released some information regarding their predictions for fake social media results in the near future, and why they are so present in the marketing world.

From their post on their website press page;

“With over half of the Internet’s population on social networks, organizations are scrambling for new ways to build bigger follower bases, generate more hits on videos, garner more positive reviews than their competitors and solicit ‘likes’ on their Facebook pages,” said Jenny Sussin, senior research analyst at Gartner. “Many marketers have turned to paying for positive reviews with cash, coupons and promotions including additional hits on YouTube videos in order to pique site visitors’ interests in the hope of increasing sales, customer loyalty and customer advocacy through social media ‘word of mouth’ campaigns.”

People trust what they hear or see on social media sites more than anywhere else on the web. That sounds plausible, yes, but how long will that stay true of marketers keep putting phony Likes or fake page posts all over their accounts on these networks. Gartner stated that they expect 10-15% of all reviews on social media sites to be fake reviews by the year 2014. That does not seem like improvement to me. If things do eventually end up getting that bad, and consumers start to find out about it, it will eventually end up making these fake social media marketing techniques less and less successful. It’s like a cycle of wrongful use of social media marketing.

Gartner believes that although consumer trust in social media is currently low, consumer perception of tightened government regulation and increased media exposure of fake social media ratings and reviews will ultimately increase consumer trust in new and existing social media ratings and reviews.

This is exactly what I mean. If marketers quit putting fake information and creating phony reputations on social media sites, and people find out about it, they are more likely to trust what they do see from businesses on the networks. On the other hand, if they find out that the companies are using fake methods, why would they trust them at all? I have never seen the point of the dishonest reputation building that takes place on social networks, as it eventually comes back to bite businesses in their asses anyway. An honest social media campaign will be more successful than a phony one every time.

Losers Need to Stop Using Facebook, Start Really Networking

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Despite all the groups on Facebook, using them it’s not really networking. While it might seem that in this day and age of 24/7 technology, networking is sending a chat message on Facebook or leaving a comment on someone’s photo is important, it’s nothing like really networking. Social Media has its place, it’s great publicity, but it’s far from networking and it’s not going to grow your business or your opportunities. You need to meet people face to face and make it clear you are a real person, with a real business opportunity.

This past week I was reminded how important it is always be networking, always be ready to make a business connection. On occasion the PMI team gets a cabana at Moorea Pool at the Mandalay Bay, where we work and play under the sun. This week next to our Cabana was a group of guys celebrating their friends bachelor party. Well, in the midst of all the music, one of them knew who I was from my writing and introduced himself as Brian Waddell working for Thompson Cigars, one of the top companies in our industry and an offer everyone should try at least once.

He immediately started telling me about his business, what he does, how everyone in his company reads Performance Marketing Insider, and networking with me. After giving me a few cigars, he made it clear that we would keep in touch, we got a photo together and now we are connected on Facebook, Linkedin and via email.

This guy is only 24 years old, had been out partying with friends, but knew there was an opportunity right there it meet someone else in the industry and make an important connection.

With those thoughts, here’s a few key points to networking:

1)   Never Forget a Name or Face: One of my first books I read on business was How To Win Friends and Influence People. If you don’t have it, pick it up. “Remember that a person’s name is to that person the sweetest and most important sound in any language.” LinkedIn and Facebook help, but nothing works as much as meeting someone and remembering who they are.  People love hearing their own name and if you remind them that you remembered it, you’ve a business connection for life.

2)   Don’t Try to “sell” anything. Missy Ward wrote a while back that, “Nothing will turn off a potential networking opportunity faster than if they are being “sold” something. I shut down immediately when I feel pressured into listening to someone push themselves on me.”  Networking is about just talking about what you do, getting to know the person, finding similar interest often or even enjoying your beer.

3)   Give your business card and ask for one in return.  Nothing is more rude and shows that you think you are more important than them by giving your card to them, and not asking for theirs. Don’t put it immediately in your pocket, but do what the Japanese have learned to do, which is treat the card you give and receive with respect. Look at the card, and then put it in your wallet or a business card holder. Make it clear that the contact you made is important and that you appreciate that they shared their information with you.

4)   Make it Clear You Are A Free Resource. Simply put, that you’re willing to help them on whatever they need, whenever. That you are not just selling something, but that as a member of the community, you are a valuable resource and willing to help them with their issues, provide advice or assistance. If you are more junior than the person, offer this as that you are willing to assist in order to learn more about the business, if you are obviously more senior offer resources and contacts.

5)   Follow Up with Everyone.  If you want to make it clear you care about your business connections, always do a follow-up email, even if you aren’t sure that the connection is useful. They’ll remember you, and more likely will recommend you to other people. If you really want to make an impression, send a personal handwritten note via normal postal service. Then they’ll never forget you.

ClickBank Executive Reveals All About What is Working and Not Working

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ClickBank director of Education Beau Blackwell discusses with Murray Newlands of PMI-TV about what is working best at ClickBank. He talks extensively about what the top converting methods are working and what type of traffic is working the best.  Watch this exclusive interview, only found on Performance Marketing Insider.

Affiliates Sue ZeekRewards

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Since ZeekRewards has been shut down by the the SEC for a $600M Ponzi Sceme, some of the affiliates are looking to recover money as soon as possible from them in a federal lawsuit. Filed in the US District Court in Louisiana, the lawsuit has been filed against both the founder Paul Burks and Rex Venture Group. The suit claims that ZeekRewards mislead affiliates into giving money to ZeekRewards, promising them 50% of the company’s profits, when in fact it was nothing more than a Ponzi Scheme.

The Suit says “Burks personally made explicit, deceptive and untrue statements of material fact” and that the “purpose and effect of the statements, as well as the underlying scheme, was to induce (affiliates) to invest in Zeek Rewards.” For those interested in getting involved, a website at ZRLAWSUIT.com has been set up by Patrick Miller Law for anyone who is interested in joining in on the lawsuit.

However, while some affiliates are looking to recover money, the court-appointed receiver, Kenneth Bell is actually looking for those affiliates who weren’t defrauded to return their money immediately. In a public letter, posted on his website Kenneth Bell wrote:

 Among those from whom we intend to recover assets are those affiliates who took more out of Rex Ventures than they put in.  Many of you received little or nothing from this enterprise.  In order to make everyone as whole as possible, those who profited from participating should surrender their gains.

Obviously those who have may been defrauded should get as much as possible, but affiliates who made money are asking why they should be penalized for making money. In fact, over 33,000 people have actually signed a petition to the WhiteHouse saying that not only was ZeekRewards not a Ponzi scheme, but  was a profitable venture that made many affilaites money and only lost money because it was shut down by the SEC.

 In no way that this company defrauded anyone. We believe that Zeekler/Zeek Rewards has given us the leadership and the freedom to support our families. For it to be taken away from us is devastating. So we are behind Paul Burks, Rex Venture Group, Zeekler/Zeek Rewards and it’s affiliates 100%!! We don’t want to be silent to these allegations that the SEC & AG office is making.

The Whitehouse refused comment on the petition, saying that they do not get involved in enforcement matters.

Why Are Brands Using Impact Radius?

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Todd Crawford, CEO of Impact Radius is interviewed by Murray Newlands at Affiliate Summit East 2012.  Impact Radius is a technology provider for affiliate and performance marketing that has gained enormous traction with working with brands. Founded in 2008, Impact Radius provides marketing technology solutions to results-driven companies. It delivers a fully-integrated suite of marketing technology products including easy-to-use and flexible tag management, multi-channel media tracking, call tracking, mobile tracking, conversion attribution, and advanced partner management.

Power Wallet Launches New Innovative Affiliate Program at FinCon

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In this episode of Performance Marketing Insider TV, Murray Newlands interviews Steph Lewis of Power Wallet at FinCon 2012 to learn about their recently launched affiliate program. The program pays out on every free signup plus has a long term commission based on the new users. PowerWallet puts you in the driver’s seat with a simple but powerful dashboard that lets you manage every nickel, dime and dollar in all your financial accounts. PowerWallet is smart. The more you use it, the more it gets to know and understand you. It automatically categorizes your transactions and even offers advice to help you to get the things you want out of your money.

iOS 6 Allows Users to Limit Ad Tracking

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With all the hype about Apple’s brand new iPhone 5 and the excitable iOS 6, many marketers are bombarded with potential new marketing prospects, opinions, and numbers that vary back and forth. There are so many things that marketers can be excited about with Apple’s new innovations, and everyone is trying to report them all at once. However, there is one aspect of iOS 6 that advertisers may see as a big speed bump in their mobile advertising campaign with Apple. A feature that has come with iOS 6 that is being reported all over the web is one that gives users the ability to block advertising tracking.

Essentially, the information that advertisers used to be able to use to target certain iPhone users can now be switched on or off by choice of the iPhone user. When users use the new anti-tracking feature, their behavior cannot be tracked by advertisers, therefore making targeting them nearly impossible.

CNet reports this statement from Apple;

“iOS 6 introduces the Advertising Identifier, a nonpermanent, nonpersonal, device identifier, that advertising networks will use to give you more control over advertisers’ ability to use tracking methods. If you choose to limit ad tracking, advertising networks using the Advertising Identifier may no longer gather information to serve you targeted ads. In the future all advertising networks will be required to use the Advertising Identifier. However, until advertising networks transition to using the Advertising Identifier you may still receive targeted ads from other networks.”

So, as of now, targeting iPhone users will not be completely out of the control of advertisers, but eventually every marketer with an advertising campaign on Apple devices will have to abide by the restrictions of the feature.

Since a huge number of mobile users strive to avoid advertising on their phones, there is a very good chance that the feature will be well used. Of course, this only hurts targeted ads on Apple devices, but those seem to be popping up more and more on mobile devices these days.

The transition from Apple’s older ad tracking settings to the new optional tracking switch may take a while but Apple has not released an actual timeline for it. This will give advertisers time to assess the impact that the new feature will have on their Apple mobile campaigns.

The opinions of how this new feature will affect the popularity of marketing with Apple are fluctuating, still. Some say it will have very little impact, but others see it as a significant mistake from iOS 6 developers. Either way, the feature will be here soon, and smartphone users will start to use it. We will just have to wait and see how Apple advertising performs after people start switching off the option of ad tracking. I say that Apple will be fine, because of all of the other forms of marketing that are available on mobile devices today.

Data, Dance, and Daring Campaigns: Erin Levzow’s Approach to Building Loyalty

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How Mango Habanero, Metrics, and Masterful Moves Redefined Marketing Genius Every so often, a guest comes along who doesn’t just raise the bar—they throw it into orbit. Erin Levzow is one of those guests. From the moment she joined The ADOTAT Show, it was clear we were in the presence of brilliance. Erin is a marketing powerhouse, blending emotional intelligence with razor-sharp strategy, all wrapped in a package of humor, humility, and dazzling storytelling. She’s the...

Streaming’s Big Lie: The Future of TV Is Already Broke

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Streaming was supposed to be the savior of TV—the rebellious new kid with no commercials, endless content, and an open bar of binge-worthy dopamine hits. But, as Doug Shapiro’s sharp, no-BS research reveals, the revolution is out of cash and looking for a loan. Streaming doesn’t just monetize less—it barely monetizes at all. For every streaming dollar generated, old-school pay TV is making it rain with three dollars in subscriber fees and seven dollars...

How to Narrow the Scope of Information Sought by an FTC Civil Investigative Demand (CID)

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A civil investigative demand (“CID”) is the instrument by which the Federal Trade Commission exercises its compulsory process authority in connection with investigations.  CIDs may require the production of documents - including electronically stored information – or tangible things, the provision of testimony, and the providing of written responses to questions. A CID must state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to...

Did Your Company Receive a Letter From the FTC?  FTC Warning Letters and Notices of Penalty Offense

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Recipients of FTC warning letters and notices of penalty offense should be on high alert and act quickly. Their advertising and marketing practices could be in violation of applicable legal regulations. What is an FTC Warning Letter? Federal Trade Commission “warning letters” are intended to warn companies that their conduct is likely unlawful and that they can face serious legal consequences, such as a federal investigation or lawsuit, if they do not immediately stop. ...

The Good, the Bad, and the SPO-ly

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The Hidden Flaws Behind Ad Tech’s Favorite Buzzword. Supply Path Optimization (SPO) is my love-hate relationship in ad tech personified. It’s the reason I fell for this industry’s maddening brilliance—and why it sometimes feels like a bad rom-com where no one learns their lesson. At its core, SPO promises efficiency, transparency, and accountability, and when it works, it’s like watching a Rube Goldberg machine perform flawlessly. But when it doesn’t—and let’s be honest, that’s most...