Saturday, July 12, 2025
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Twilight Film Studio sues Affiliate Marketer

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In the “very interesting” news category, Summit Entertainment LLC, the film studio that makes the “Twilight” series of films, has sued the owner of Twilight.com for trademark infringement. According to the complaint, Twlight.com (which was registered before the Twilight books were even created) is infringing on the Twilight films TM, by falsely leading the public into believing the site is associated with the films.

The lawsuit claims that a cease and desist letter was sent in April of 2009, and the owner Tom Markeson of San Mateo, California responded that he was not infringing on the Trademarks of Summit.

This is an interesting case because the site is only a very basic site with links to a variety of things being sold on Amazon.com. Nothing on the site itself suggests that its associated with the site, nor is anything being sold except authorized Twilight books and CDs, and one link to Twilight Zone products.

This is a very interesting case, because the products being sold include products from Summit Entertainment, which in theory allows them to be sold via Amazon.com and their affiliate program.

Again nothing on the website refers to it being associated with the Twilight movies, except those links to products.

Questions I would ask is what is the difference between this and any fan website that might talk about a product and have links? What about a search with affiliate links.

My personal opinion is that this is a junk lawsuit: that there is no infringement here. This is obvious fair use, and the owner is just using a domain that he had before to get the traffic from people who enter twilight.com and then he provides links to the authorized products of Twilight.

The studio is a huge corporation with the ability to bring this frivolous lawsuit, hoping that in return for dropping they can get this lucrative domain.

I do think this is also an important case, because what is to prevent anyone from suing another affiliate marketer who is talking about products, or is a fan of a product with links to affiliate products on Amazon?

Peter Bordes Leads the Industry

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Peter Bordes is not shy for words. He’s become one of the most outspoken members of the Performance Marketing Industry, and has made it clear to anyone who is listening that he wants to clean up the industry. As the CEO of MediaTrust, he’s taken the industry to new levels, and has introduced the first performance marketing exchange of its kind. Most recently he was elected as the new President of the Performance Marketing Association and plans to use the PMA to make changes in the industry, make it more professional and help combat fraud.

First of all, how did you get into this interesting industry?
I was running Empire Media in NYC, post Internet bubble. We were incubating and acquiring assets from companies that survived the crash. My two co-founders, Jivan Manhas and Matt Wise, whom were at Azoogle, approached me about incubating an affiliate network.  I did some research and was very intrigued with what I found. This emerging industry segment was growing very rapidly and was like the wild-west with a hint of boiler room. It was marked with incredible growth rates with very little technology and business culture; high turn, high volume traffic in, high volume traffic out, and no brands. There were many problems to be solved, big and small. Most importantly, it was a logical place to focus on building a business and brand. The CPM business had just tanked and Adsense and CPC, which was the beginning of performance marketing, were taking off. There was one stop before “free” which was transactional performance driven advertising. This, therefore, seemed like a logical place to invest in building an enterprise. The market would eventually move deeper into performance marketing models.

MediaTrust came out of nowhere after being launched as AdValiant in 2005(?) What was the key to MediaTrust’s success?
MediaTrust’s key to success was its solid foundation. Our brand and business culture’s foundation was built around trusted long-term and deep partnerships, all driven by technology. We found that the industry was so high volume and transactional driven that its culture was built upon an “all for me, more for me” mentality. This created a significant amount of paranoia and lack of trust between affiliates, advertisers and networks. No one was doing any kind of financial modeling or thinking about building long-term enterprise value. It was high- turn “make as much money as fast as you can because who knows what will happen tomorrow” type of mentality that plagued the industry. We felt that there was a need for a brand whose foundation emphasized a proactive collaborative partner-centric organizational culture, supported by great technology. “The better our partners and industry do, the better we do” was, and still is, the base of our core values. That kind of ethics and integrity are what drive trusted and long-term partnerships.

Regarding the transition from AdValiant to MediaTrust, we decided that AdValiant was the name of a network; we felt the future was about platforms. MediaTrust reflected the vision of what we wanted to build and where we thought the industry could head. We were very fortunate to create the brand MediaTrust and that the two words that were not synonymous with each other in digital media and marketing can now stand true.

You’ve been one of the most outspoken members of the community when it comes to compliance: what do you see one of the biggest issues regarding compliance now?
If we wish to become a significant segment of the Internet marketing industry, we have to become more proactive and work together. We have a legacy of always being reactive and moving from one high volume campaign to another, like hamsters on a hamster wheel. This is just not sustainable. In order to gain enough critical mass and create a single unified voice, we have to break this cycle of short-term thinking and move away from being a highly-fragmented black box. This is how industries are made or not. We are so under the radar screen that it makes it next to impossible to have any research or meaningful data about how large performance affiliate marketing really is, and it’s very large. Regulation is inevitable. The FTC has left a 12 lane super highway of grey for marketers to run around in, which is starting to change rapidly.  The consumer is now behind the driver’s seat; the consumer is king. Compliance, standards and regulation are critical. We need to take control of our own destiny by proactively driving compliance standards and guidelines. This is the key to our future, and the biggest challenge for affiliate performance marketing. We can either make it happen ourselves and make sure it makes sense, or have someone make it happen for us who doesn’t understand our industry. I personally don’t want to have legislators who don’t understand us do it for us. It can be catastrophic if not done correctly as evidenced by the Nexus Tax, which has proven to be is a serious threat if not managed properly with the right knowledge.

How do you see this industry changing? Is it less about “affiliates” and more about relationships? Do you use the word affiliate marketing, or is it more “performance marketing?”
We think it’s about “performance marketing.”Affiliate marketing is now becoming one of the channels in the “performance marketing industry”. As we move from being network-centric to platforms that are open modular and agnostic,  its all about relationships. Understanding and building great relationships are part of the foundation of any great business and industry. The legacy of affiliate marketing is about being advertiser or affiliate centric, and never the consumer. The future is about being agnostic and holistic about triangulating the relationship between consumer, advertiser and publisher/affiliate and creating value by driving quality relationships. That “relationship” between them is the future of ALL Internet marketing. We are in the middle of a significant shift from the age of “MASS marketing & media” to “ME marketing & media”. The consumer no longer sits at the bottom of the pyramid being told what and how they will consume. They are at the top and know what they want, = and how they want to interact. By empowering that relationship with tools and technology, we create a much higher ROI for all 3 constituencies.  Web 3.0 is not the semantic web. It’s the relevant web, and relevance is driven by understanding these relationships.

What is your opinion on incentive based marketing? Is there any room for content-portals (ie, places that reward you for filling out forms etc) or is it just a bad idea? “Garbage in … garbage out” that’s my view point of incent paths. Its mass marketing that tricks the consumer into giving up as much info as possible with the promise of getting something “FREE”. Free is the killer of all good marketing and has been beyond abused, as well as used, to destroy great business models like the “continuity” marketing model. Free iPod, free ring tone, free trial, free $1000 Home Depot card. This is just another easy money low hanging fruit channel that basically produces low level data and garbage results for most advertisers. Its noise vs quality, and one of the biggest problems here is that most advertisers don’t measure life-time value. So, they keep buying because they can’t measure how effective this form of marketing really impacts them (this is changing rapidly as advertisers are getting smarter in measuring life-time value). There are other forms of incent marketing such as the portals that offer rebates and shopping points that are valuable assets because they care about building a brand and relationship with the consumer based on value. This is completely different from paths which don’t care about brand and users returning as a destination. These one hit wonders will have to evolve or will become relegated to the low end dregs of the industry. I don’t know of any single shining star example of great success for advertisers in incent path marketing. Its turn and burn.

What is MediaTrust’s main push revenue wise for 2011?
We have moved our entire business model from the MediaTrust performance marketing platform to the PerformanceExchange. The MTPX is the future of performance marketing as we push to innovate into being a highly scalable technology & quality driven company for direct response marketing.

Tell me a bit about the MT Performance Exchange? The PerformanceExchange is the next generation of highly scalable real-time platforms that’s focused on “connecting quality clicks to conversions” for the performance marketing industry. It’s a hybrid CPC bid platform /ad-exchange that empowers direct response marketers, advertiser and publishers with the best tools and technology to maximize their inventory yield and campaign conversion ROI. Similar to the concept of the eBay’s quality clicks program which is still CPA marketing, but paying in a CPC currency based on the quality of the click to conversion and life time value. The MTPX creates tremendous “right price” efficiency by connecting the value chain together from the click to the conversion in real-time (to the minute). All traffic and all clicks are not created equal and have a value when driving conversions. It’s not black and white in that there is only good traffic and bad traffic. The MTPX allows publishers who generate low volume high quality traffic to get the right value for their inventory as well as the high volume lower converting traffic sources. What we have found is that all traffic has a value based on the transactions it drives, and that performance marketing pricing in a pure CPA/CPL model isn’t dynamic enough to be able to give traffic sources the appropriate value based on quality. The MTPX lets partners trade CPC currency (and in the future CPM) in different markets such as email and contentvs lumping all the traffic sources into one single channel. Think of it like a Bloomberg financial markets trading terminal for direct response marketing. Its core tenants solve many small and larger problems in the performance marketing industry by being a transparent environment that drives consistent value based pricing driven by quality. Transparency creates great efficiency that enables our partners by empowering them with knowledge to better understand their markets and get more out of them. Performance marketing has a history of being a black box and we feel that needs to change if we are going to evolve and grow as an industry. Especially with the new compliance and regulation that’s beginning to happen across the entire digital marketing ecosystem.

We have not even gotten started yet and we are already seeing tremendous results due to all the proprietary performance algorithms we have developed into the MTPX with 7to 13.7 % conversion rates in the email channel with little to no fraud. We are launching the “content channel” soon and have a ton of tools and technology in our product pipeline that is game changing for our partners and industry. We have flipped the switch from being 80% service/20% tech (industry standard) to 80% tech/20% service which is the future of all things direct response. We must become a product/tech centric driven industry in order to grow and work with all the brands, agencies and publishers that want to participate in performance driven marketing.

Why is MediaTrust starting to move to a PPC/CPC model, when Google founder of PPC just got into the CPA model?
Instead of opening a new channel, what we have done is merged them together. We are focused more than ever on CPA/CPL marketing. We have only evolved the model and changed the currency to paying in CPC to create greater pricing efficiency based on quality. Think of it as an auto arbitrage exchange platform that is built from the view point of a performance marketer from the back of the conversion funnel out vs from the impression or click back. It’s the same thing. Google is connecting the value chain together into an ecosystem of solutions the same way we are. We are approaching it from different points of view, relative to direct response marketing. The future of all things digital is about platform driven ecosystems that speak to each other and are driven by data.

Some people would say that MediaTrust embracing this model means that you don’t trust the performance model anymore, thoughts?
Absolutely not. We are passionate believers and advocates for the performance model and industry. We think that there is a very large opportunity as more and more brands and agencies move to more accountable metrics driven advertising. The PerformanceExchange is the future of performance marketing as a highly evolved technology driven platform that will allow them to begin to participate in performance marketing. The industry must start delivering more transparency, data and analytics that are required for more sophisticated partners to feel safe and confident that they can hit their metrics and maintain their brand integrity and compliance needs.

Some people accuse you and MediaTrust as being “above” what is really happening in the affiliate community, that you personally aren’t in the “ditches”. What is your response to that?
That’s interesting to hear and something I have not heard. I have actually heard the opposite in that I “personally” am very involved in being present at every trade show, on the floor, in the booth talking to everyone about what’s working or not vs staying in the CEO tower. You can’t innovate and evolve what you don’t understand and embrace. We have always strived to understand the ditches so we can stay on the leading edge of the industry. If we don’t evolve the industry then no one wins and we all stay stagnant or contract. I would say we understand the industry extremely well and that’s what has allowed us to move from a network to a performance platform and now to a performance exchange. We have been pushing for regulation, compliance, technology innovation, helped form the first industry association, and have been very vocal advocates for the growth of performance marketing. You can’t do any of that unless you have a strong fundamental understand of every aspect of the industry.

If you could dictate any changes for the industry to make in 2011, what would it be?
That every person in the industry come together as a unified voice and get behind the Performance Marketing Association so we can become a strong, unified and viable segment of the internet marketing industry. We must evolve in order to move away from the past “red headed step child “ legacy reputation of affiliate marketing. We need to stop being a fragmented black box and move from being reactive and always running to the next fast money thing. To being a unified proactive group that solves problems and takes issues such as standards, compliance and regulation head on. This is how we build industry value and enterprise value for our companies and business partners vs. making another fast buck and moving on. Aren’t people tired of being hamsters on a hamster wheel going in circles by playing a constant game of musical chairs? The FTC and new technologies are not going to allow this behavior to continue. There will be a divide between the compliant and the non-compliant. We are not an industry until we have an Association to represent and help make sure the right laws, taxes and more are created to help us flourish. Not contract. Now we have an association and its essential everyone participate so we can take control in shaping the future of our industry vs running around in the shadows trying not to get caught.

What’s going to happen with email marketing? Are spammers still going to “Control” parts of the industry?
There will always be the dark dirty side of every segment in the market. But it will start to become smaller and less predominant based on better technologies and systems to prevent it. There are very good systems now that create significant transparency in email. Email done right is a very effective channel that can drive meaningful value to the consumer, advertiser and email publisher. In order to do that mailers need to think about how to create better one on one relationship with consumers. We are in a meaningful shift from “mass marketing” to “me marketing”. Mailers who are evolving are seeing tremendous results from their data. That being said there will always be the noise of spam in the inbox. Its just going to become a smaller segment of the consumer experience.

What does MediaTrust look for in (affiliate) partners to work with? We look for publishers who want to build a long term proactive and collaborative partnership who share the same core values that are based on the success of our partners “first”. We want to work with partners who believe that transparency creates greater efficiency in a partnership which creates greater trust. This is how you grow serious long term and stable business partnerships and value.

How do you see the industry contracting in 2011? What type of companies do you see succeeding, and what type of companies do you see disappearing? We are at a critical inflection point in the performance marketing industry. One segment of the industry is already contracting which is the non-compliant companies who keep doing the same next hot thing get rich quick schemes and run around in the shadows. The companies that are embracing regulation and compliance will be the ones who are able to evolve and build significant businesses while the rest cannibalize the lower end of the market with no name fast money low margin business. That’s just not sustainable or scalable. The consumer is becoming so much smarter and companies need to understand its about creating products and campaigns that create value for the consumer. Not trick them into buying something that’s based on a breakage model or misrepresents the word “free”. Those who realize and embrace that concept will thrive.

You’ve been very active in the Performance Marketing Association, what is the reason? Don’t we already have the IAB and the DMA, why have another, less-funded association? Aren’t we just dividing our ability to work together? I would be very curious to know how many of your readers are members of the IAB or DMA. They are not the same and are not associations that have been created to specifically represent the affiliate performance marketing industry. The IAB has a leadgen committee. Do you think that properly represents us? I certainly don’t. As a matter of fact we used to be IAB members and when the tax issue came up I spoke to them about this being a great opportunity to become champions of the industry for affiliates and they said “we have a leadgen committee and we don’t think of affiliates as real publishers”. So in a nut shell they think of affiliate marketing as a dirty illegitimate industry segment. The DMA is primarily representing traditional direct response marketers and also doesn’t understand or represent affiliate performance marketing. The IAB & DMA are very good organizations. But they have not demonstrated that they understand or are champions of our industry. They have literally done literally “0” when it comes to the Nexus Tax or regulation or FTC issues in relation to performance marketing. So do you or anyone else reading this want or consider these organizations people they want representing performance marketing? We are not even considered an industry until we have an association that specifically represents us. For all the reasons I outlined in the other question. We MUST take control of our destiny as a group with a single voice that is proactively taking on issues and stop being a fragmented black box that’s reactive and running to the next best thing. The grey area is going to get smaller and smaller and smaller. Its essential that we all participate and get behind the PMA and help them to help us, and that goes for everyone in every part of the affiliate marketing ecosystem no matter how big or small. We are an enormous segment of the online advertising industry. But no one knows that because there is “0” data or research that’s meaningful enough to show how vast performance marketing is and all the areas of digital marketing we touch. As an example of this when the PMA was fighting the Nexus Tax it became very evident that none of the states had any idea what affiliate marketing was or how big it is. We tried to pull enough information together and found almost nothing. Why? Because there has never been an entity driving the need for this kind of research. We ended up creating a mash up of the LinkShare affiliate base in CA with a Google map and it was incredibly eye opening to all. Affiliate marketing in CA is gigantic, and the state legislators all of a sudden understood what they were dealing with. Colorado was the same thing. I led a panel and the legislator flat out said “we were just following NY State and had no idea how big affiliate marketing was in Colorado”. That says it all. We MUST have proper representation and data in order to be a viable and relevant segment of the online marketing industry. Neither the IAB or DMA stood up or had that info. It was the little old PMA fighting on all our behalf.

 If you could pitch Disneyland/Disneyworld on a performance marketing plan, how would you do it? How would you like becoming significantly more efficient with how you spend you advertising budget by only paying for users who sign up for your service or buy your product. If they don’t you don’t pay by leveraging 100% accountable transactional data driven advertising in a transparent trusted environment. Stop flushing you money down the toilet.

What is your dream car? 1987 Aston Martin DB8 Vantage.

Amazon Takes Deal Screws Affils

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Let’s play some word association.  Ready?

Amazon.com

Now, please tell me the first thing in your mind was the name “Benedict Arnold”.  No?  Well hold that thought for a moment and I’ll ask you again in a minute.

If you work anywhere near affiliate marketing and have been conscious during the last few months then you should know about California’s Affiliate Nexus Tax.  The law is touted by its proponents as a legitimate correction of what brick and mortar merchants decry as an unfair advantage held by online merchants such as Amazon.com.  To affiliate marketers the tax is more a legalized shake-down.  Rumor has it that some among our industry have already begun moving their operations out of the state in reaction to it.  Amazon.com itself notified California affiliates with lightning speed about their regrets, parting best wishes, etc..  The ink in
Governor Jerry Brown’s signature was hardly even dry.  There was no confusion in the minds of any of the parties involved about the impact of the law on affiliate marketing.

California is not alone in seeking to remove the protective shield for Internet-based retailers that the U.S. Supreme Court already upheld.  It has certainly made the most noise with its new law though.  Initially that noise seemed to be a positive thing for our industry because of the way it galvanized affiliate marketers and others aligned with them in performance marketing to fight back.  In recent weeks strong efforts by the Performance Marketing Association and others have resulted in a wider awareness and a movement to push a petition started by Amazon that would allow California voters a ballot on the Nexus Tax law.  Despite what could be perceived as small victories coming out of those efforts Amazon has left our camp in the night and run to the other side according to the L.A. Times article published online September 7th.   Apparently the efforts of all involved failed to comfort those at Amazon’s helm because a deal has been all but struck now and it’s a deal that leaves the affiliates out in the cold unless you look at it with the rosiest of rose-colored glasses.  If Amazon has its deal blessed by Governor Brown then not only does the referendum ballot go away but a crude legislative barrier will be erected to ensure that no more such nuisances get in the way of California finalizing their blatant act of extortion against affiliate marketers.

Some will say that Amazon is simply buying time.  Some will say that inevitably the Feds will be involved and California’s hand, like other states, will be forced in one direction or another.  But this article isn’t about speculation really or even detailed analysis of the law and the misguided support it seems to have gained from people unfamiliar with what it entails aside from just sales tax for California’s empty coffers.  This article is about a big company that was built on the backs of affiliates and now is bending them over in a different way.

Now about that word association game from earlier…

 

ADK launches new Affiliate Tool

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Affiliate marketers are always looking for an edge in order to deliver the most relevant offers to their audiences and optimize their campaigns. Adknowledge has developed an algorithmic targeting platform, the Affiliate Recommendation Tool (ART) that analyzes data and past campaign successes in order to make recommendations to affiliates. With targeted campaign recommendations developed through sophisticated data analysis and an immense database, Adknowledge helps its affiliates be more efficient and strategic while increasing their sales and profitability.

ART can collect and analyze behavioral information, including anonymous clicks and conversions at the category level, as well as attribute data, such as browser, IP and geographic information. Adknowledge’s data analytics team of PhDs, statisticians, mathematicians, software engineers and machine-learning scientists analyze this data to provide high-yielding recommendations for all Adknowledge affiliates twice a week via email. Recommendations are also accessible 24/7 on the user interface. Adknowledge affiliate managers are specially trained to help affiliates analyze and act on recommendations to increase campaign profitability.

Data analytics technology will continue to drive affiliate marketing, especially as the industry grows and expands further into social, display and mobile. Data analytics is a win-win situation for all parties: for affiliates, it affords them an edge in the marketplace with better results and fewer misfires, meaning greater top-line revenue; for advertisers, it means higher quality traffic that is more likely to convert, brand integrity and cost-savings by reducing the number of affiliates they must work with; and for end users, they will have a better and more relevant experience with less clutter and spam.

Cost Per Download or Cost Per Install Marketing

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Cost Per Download or Cost Per Install marketing is a pay-per-performance model often run through affiliate programs for software and adware providers.

While the marketing method was originally mainly created by adware providers in around the start of the millennium, it has now become more and more a part of the gaming industry. Quiet a few MMO’s/MMPORGs and other types of games use this method through CPA Affiliate Networks to promote themselves, only paying when a person actually downloads and installs a game onto their computer.

Similarly, the method has been used to promote search engine toolbars and similar products. Bing, the search engine owned by Microsoft has used this technique extensively and it is credited for giving Bing a significant market share of searches.

Benefits of Cost Per Download / Cost Per Install
– Great way to get enormous amounts of traffic.
– You can make money on cost per download on your product by bundling other products

Problems with Cost Per Download / Cost Per Install
– Lots of fraud in the CPD industry, since a lot of people will “incentivize” the offer. May never result in real users.
– If promoted through junk or spammy methods, could get your app or game blacklisted by a anti-virus company or security company.

Things you need to ask any CPD company
– How many downloads can you produce a day?
– Are you bundling?
– Are you incentivizing?

What is an Affiliate?

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An Affiliate is someone who is involved in Affiliate Marketing, through an Affiliate Program. Affiliate programs are extension of online merchant’s marketing and promotions, where they pay only on a Cost-Per Performance Basis.

This usually means that you are only paid when someone buys a product, such as the Amazon Associates program, or when someone signs up for a program. However, there are many other type of Affiliate Programs out there, including those that pay when someone fills out a form (Cost-Per-Lead) or those that pay when someone Downloads a product or game. (Cost-Per Download)

While there are many, many different types of Affiliate Programs, we highly recommend that you look at our CPA Affiliate Network Reviews and find a great company to work with.

National Web Leads

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National Web Leads (NWL) specializes in Cost-Per-Action (CPA) subprime consumer finance offers.  NWL is the first choice among those seeking short form payday loan offers. Since 2005, when affiliate networks need attractive, high-performing private label or holiday themed payday loan offers they think of National Web Leads.

Weekend Must Reads on How to Generate Traffic

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If you didn’t already know (and if you don’t listen please) traffic is essential for any affiliate and performance marketer. Buying traffic is one easy way to generate traffic, but as any half-assed marketer will tell you, organic traffic is the best place to start. So, without much ado, here are several amazing places to start on how to generate traffic to your site.

Blog Titles: How to Write Winners Even if you Suck at It From the Traffic Generator Queen herself, Ana Hoffman, this is a great intro for those who aren’t the best copywriters in the world. Highly recommended for those who don’t want to spend time reading a dozen books on power-words.

An Insider’s Look at a Viral Blog Post. Great post of Benny Lewis who got 220,000 visitors to one page called “29 life lessons learned in travelling the world for 8 years straight”.  What I really like about this is that he’s not really an “expert” in my opinion but has some really great tips.

How to Become a Niche Rockstar. This is posted on the ViperChill website, the home a great viral marketing program. It’s great advice on how to focus on one topic, becoming a self-proclaimed expert on that topic. I particularly love this part, “Within 24 hours I had five requests for meet-ups, a conference invite, and a woman offering to cook for me. All of which, of course, were much appreciated.”

How to Get Free Traffic Without Google. Great video series that I highly recommend you take a look at. Maybe some of you already know this stuff, maybe some of you don’t. Either way, a great refresher, and highly recommended.

Facebook Accused of ClickFraud

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MediaPost covered this week for some reason a case in 2009, where Facebook has been accused of not following industry standards for “legitimate” clicks. I’m not 100% sure why MediaPost is covering something almost three years old, but perhaps they just wanted to emphasize the old lawsuit in order to get some more traffic. Either way, it raises a few questions that I wondered what people in performance marketing felt about the case.

According to MediaPost, the case “assert that Facebook violates industry guidelines — including the Interactive Advertising Bureau’s 2009 recommendations — in several key ways. Among others, the service allegedly doesn’t permit independent audits or publish a description of its methodology for counting clicks.”

Basically, they are saying, without saying it, that there is a question of what a click is versus… well…what a click is. The plaintiffs, who it should be noted, are basically a law firm trying to get a case certified as a class action, claim that there is a “standard” of what a click is, and that standard should be followed by Facebook, if not everyone else.

Let’s first ignore the fact that this is probably nothing more than a money-making class-action venture, and nothing will be gained by it except making money for the lawyers. Instead, let’s address if there are really standards for clicks, and more importantly, if we care about what those standards are.

First of all, the IAB has established, basically guidelines and recommendations about what a click is. It’s not a law, let alone necessarily a standard in the industry. The IAB, while they would like to claim to represent the industry, only represents a small part of the industry and the vast majority of interactive advertising companies, especially on the performance marketing side, are not members of the IAB.

Next, the standards they define are the standards in their part of the industry, where the definition of what a click is might actually be a lot more important than the performance marketing industry, where a lot of Facebook’s advertising still comes from. I’m not going to go in-depth into these standards, but you are free to read them here.

Obviously if there is click-fraud, we should be concerned about that to some degree. You should get what you are paid for. However, since Facebook is the only person making money from the clicks, it’s a lot less likely there is click-fraud on the level of most PPC engines. If we could prove that Facebook itself was involved in Click-fraud, that would be an interesting case, but that is not what the case is about. It’s about the definition of what a click is.

Frankly, I don’t really care when it comes to Facebook, because I believe that most marketers need to find a metric to work to, that isn’t based on a click or impression to meet their goals. If a click defined by AOL is different than a click defined by Facebook, I could care less, as long as I can gauge those clicks and then calculate their value to my offer or product. Why would I care if Facebook is following some arbitrary “guidelines” about what a click is, just as long as it’s a positive ROI?

Do you honestly care? Should we care?

Google to Shutdown Half of AdMob

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According to a recent release Google has decided to shut down all of AdMobs web advertising capabilities, leaving thousands of affiliate advertisers in the dust. They are pushing instead their own Google Adsense for mobile web content as the preferred method of advertising on web-based mobile content.

This comes on the heels of numerous complaints from both publishers and advertisers that accounts that have been in business with AdMob for years have been suddenly shut down without notice. While AdMob had great customer service, many people have expressed that the transition to Google has resulted in the typical “no comment” customer service Google is known for: Shut something down, respond with a template response on why it happened.

This seems to be part of a long trend of Google advertising buying properties and then failing to properly integrate them and shutting them down.

Get 3% CTR From 7Search

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During the last two weeks I’ve been testing 7Search for the readers, trying different types of advertisements for the purpose of trying to develop the advertisements that will generate the best CTR. I’ve spend thousands of dollars on each advertisement, trying different variations of those advertisements for different products. What I’ve encountered is that there are many, many ways to generate higher click-through-rate, but there is one method that I’ve learned that always seems to work wonders and I’m willing to share it now – try it before everyone learns and does it.

One of the biggest problems with 7Search is that while there are some really great prices out there, some really good deals, there always isn’t enough traffic usually to make real money.

I love 7Search for targeted stuff, where it’s not competitive – but for things that require a lot of traffic, you need to have a lot of clicks.

7Search is perhaps one of the best ways to use tons of long tail keywords, plus bid really low and pay less for 3 or 4th rank listing.

So I was curious: what works on 7Search that isn’t necessarily allowed on Google. Google monitors their advertisements and doesn’t really allow “tricks” to get people attention, but how about 7Search. So I created a bunch of advertisements with different characters, arrows, and various other means to get people’s attention. I tried “LOOK HERE” tried “< —–“ and similar devices. They all worked better than just having normal text, but there is one method that did absolutely amazing, and was the best performer of all the different advertisements.

Here it is below:

Simple, effective and it worked amazing. How amazing did it work? Well, it received on some days 2.9% click-through average, but on one day 3.55% CTR.  This was absolutely amazing, generating some 500-600 clicks to the offer, with only 14-15,000 impressions. What was the price per click? Average was .03-.05 cents per click.

What make this listing work the best? First, the ****’s int he title was highly effective. However, when I added the line of ****************’s at the bottom, it raised the CTR through the roof. Why? Because people looking at these listings need to see something DIFFERENT and while text changes work, something that grabs the eye will always work first. The *****’s separate the ads from each other plus draw attention of the viewer.

What is also great about this method? To generate that CTR I did not even have to be in the top 3 positions. While being on #3 generated 3.55%, I was able to also do 2.93% and 2.65% in position #4 and #5. With a significantly lower CPC than the top 3 positions.

Try this method on 7Search and get back to me with how it works on your offer.

Signup with 7Search Today, no min deposit

Conversion Testing: Free Trial Accounts From Conversion202

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Tracking202, Inc., a PPC solutions provider, has launched Conversion202 (www.Conversion202.com).

Conversion202 is a Web-based software that allows online marketers to test and optimize their websites faster than ever before.

Using Conversion202, Web marketers can run advanced A/B and multivariate tests to learn which site variations are most effective at converting visitors to customers.

Easy to use and deploy, Conversion202 enables online marketers to create variations of their site content and then immediately begin validating their performance compared to the original content. Utilizing Conversion202’s approach, marketers can launch tests in a matter of minutes without the involvement of the IT department. As a result, marketers save time while gaining key performance data.

“Conversion202 lets online marketers run A/B and multivariate tests without knowing HTML,” said Nana Gilbert-Baffoe, CEO of Tracking202.

“Everybody knows increased conversion rates mean increased revenue, and with Conversion202 anybody, even the marketing department, can set up a test in minutes”.

Conversion202 enables marketers to:

– Setup and run multiple A/B, split and multivariate tests.
– Implement tests in minutes without IT or technical expertise.
– Analyze results and make decisions quickly.
– Maximize revenue.

Online marketers have avoided multivariate testing for years because it’s always been very labor intensive.  Using Conversion202, marketers now have a choice, and can use a point-and-click interface to quickly build advanced online tests.  Designed with marketers in mind, Conversion202 reports include easy-to-read statistical information that lets marketers quickly increase site profitability.

Conversion202 is available immediately. For a free account visit http://www.Conversion202.com

About Conversion202
Conversion202 is a technology partnership between Tracking202, Inc. and Converseo, LLC. Tracking202 is a leader in PPC and affiliate software technology.  Converseo is a leader in website optimization technology. Conversion202 is a conversion optimization and split-testing platform from the makers of Tracking202 and Prosper202.  Tracking202, Inc. is based in San Francisco, California and focuses on developing Affiliate Marketing Software solutions and tools.

 

Essociate Threatens to Shut Down Industry

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Never heard of the company Essociate? Neither has most of the industry. That’s because their business model, according to many CPA network owners I have spoken to is simple: they allege that they own the patent for affiliate marketing and want to make sure that everyone pays them a hefty fee to run an affiliate network. Based on that, it appears that they will either shut down the industry completely, or worse, force small companies to pay them money to even exist.

Technically, I can’t explain the full patent, but based on lawsuits they have filed, pretty much any affiliate and cpa network that works with other cpa and affiliate networks, or any other affiliate program, or has the ability to, is purportedly violating their patent.

It means any affiliate network; any CPA network is a potential target of their lawsuits.

One of the issues that CPA Networks have been bringing up over and over again is that Essociate is targeting them, but not the affiliate serving companies that they license. You see, most affiliate networks don’t actually own their own affiliate technology but license from companies like Cake, DirectTrack and HasOffers. In theory, they are not violating the patent, but the company they lease the servers and technology from might be.

However, while some of these affiliate networks don’t have huge pockets and can’t afford to defend themselves, companies like DirectTrack do. Instead of suing those companies, they appear to be going after the smaller guys, like BluePhoenix Media, MaxBounty and W4. You see, patent disputes are quite expensive, and most of these companies appear to be coerced into  settling instead of having to spend upwards of $500,000 to defend themselves.

Why would they sue these companies? Because they are building a war chest to eventually sue the bigger companies??

In the meantime, small companies, new companies, and growing companies are becoming victims of a patent war. This company, Essociate who no one has heard of is going after the industry, one company after another, seemingly trying to get money from whoever can’t afford to fight it.

Good news is that some companies are standing up for the industry. ShareASale has filed a lawsuit against Essociate seeking relief and invalidating the Essociate Patent. This is one step in the right direction, as most of the industry believes that there is no patent for a system and methodology that almost everyone uses, with or without technology.

The other light at the end of the tunnel is an ongoing debate on the validity of software patents in general. According to insiders, the Supreme Court could very soon invalidate software patents of this kind. In fact, based on a recent ruling by the Courts, more and more overreaching software patents are currently becoming invalidated.

It’s my opinion that what Essociate is doing is HIGHLY QUESTIONABLE. While some people might see this method of going after companies as legitimate, I think it’s a sign of  a fractured legal system — on in which you can  sue for anything, threaten to shut down someone’s business and in general, make a living hell of small businesses if you have the RESOURCES TO DO SO.

I hope they lose their lawsuits, get their patent invalidated and then wonder why no one in the industry will return their calls. 

 

Above All Offers

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Above All Offers is a new network created by the founder of BlueHatSEO.com. They seem to have some interesting technologies built themselves, including optimization and integration for mailers and feed pulling. From their website: “We are here to help you make money. We will make sure we are here when you need us, and will do our best to accommodate your needs. The Above All Offers staff works all hours of the day and night so you are welcome to call or contact us anytime. We are knowledgeable on all areas of Internet Marketing and our advice is always free.”

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...

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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...