50 You ain't really in business til you've been sueds and wsi/disney wannabe's
Williams-Sonoma Sues FriendFinder, Others Alleging Trademark Infringement
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Ah, I see. I didn't realize they had an actual store called Pottery Barn Teens. I had only heard of Pottery Barn. Which would have been like someone searching for Walmartteens or something like that.Last edited by Guest; 10-27-2006, 05:09 PM.Comment
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Therein lies the problem. How would one know what words to include? I will tell a little story, based on personal experience.
I own an AVS system. A few years ago I got a new affiliate that was cranking out sales before I even had a chance to approve his site in the system. I don't mean a couple sales either, I mean he was cranking out sales that would cause me to invite him to Xmas dinner. I was a little suspicious.
Actually, I was a lot suspicious. I went over this guys site with a fine toothed comb. I checked the Meta tags on every page, I went over everything. I could not find any reason to be concerned, and I was happy that I had caught my first true whale.
Months went by, he got checks bigger than Lightspeed's Top 10 combined, every two weeks. Life was good. Then I got an email.
Someone pointed out that in the Meta keyword tag was a word that in the advertising world meant early-teen. I think it was tween or something like that. I remember thinking that it meant teen going on 20, but no.
I immediately contacted the guy, had to suspend his account for a while, and made him clean up his meta tags before he could resume sending traffic.
The point is, if no one had ever told me there was a problem, I never would have known.
Sure, you can have a script check for certain words, like Disney, or the Simpsons, or little mermaid, but why would someone even consider "pottery barn teens?" Who (besides the Pottery Barn apparently) would even think of putting those three words together?Comment
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Have a look at the results - its sub-domains on cam sites and meta tag spamming in the main.
and where did I even even mention AFF? - my point was that people in glass houses shouldn't throw stones.....
The search could have included any affiliate program and would have shown the same results.
You are in here bitching because you saw another opportunity to knock your competition so it only seemed fitting that I used iFriends as the example.
Dumb ass. I do live in a glass house. If you have a problem with ifriends take it up with them. I don't purchase traffic from "adware". I don't infringe on people's trademarks. I will throw as many stones as I want on these issues with out being a hypocrite.
I don't need to "knock my competition" they do that well enough on their own.
the only thing fitting for you is a beer mug.ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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well good luck with that at any rate...
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A more likely scenario is that a customer contacted them and pointed out that when they did a search for the pottery barn teen line of pottery, they got a site advertising porn.
As far as monitoring affiliates, you claim they would have to drop payouts to $2 or whatever. You people who defend these companies need to stop and think how stupid you make yourself sound when you defend them no matter what. They make 100million a year, you think they would need to drop payouts from 105$ to 2$ because they hired 5 people to spot check affiliate pages and to actually investigate complaints ????
I like how you twist things around. You have a real talent. That is not what I said at all.
It was suggested that AFF (and all affiliate programs) should have people actively monitoring every site for Meta and Alt tags. Actively monitoring is not a spot check. That is starting at site 1 going thru the list and starting over again. With a program as big as AFF, that would take more than 5 people. Besides, you are implying they do not investigate complaints, when in fact, they have said they do. Just because they have a process that does not include invetigating complaints that originate at GFY doesn't mean it isn't so.Comment
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I'm not sure why you're all so surprised, shocked, and think this is some wild and crazy landmark law suit that will change the way porn is presented online.
Nintendo did the same thing years ago. Nike would do the same thing any day of the week, as would Reebok, Pepsi, Coke, Wal-Mart, and Chevrolet.Vacares - Web Hosting, Domains, O365, Security & More - Paxum and BTC Accepted
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because you should have stopped at pottery barn . the teens was irrelevant.Therein lies the problem. How would one know what words to include? I will tell a little story, based on personal experience.
I own an AVS system. A few years ago I got a new affiliate that was cranking out sales before I even had a chance to approve his site in the system. I don't mean a couple sales either, I mean he was cranking out sales that would cause me to invite him to Xmas dinner. I was a little suspicious.
Actually, I was a lot suspicious. I went over this guys site with a fine toothed comb. I checked the Meta tags on every page, I went over everything. I could not find any reason to be concerned, and I was happy that I had caught my first true whale.
Months went by, he got checks bigger than Lightspeed's Top 10 combined, every two weeks. Life was good. Then I got an email.
Someone pointed out that in the Meta keyword tag was a word that in the advertising world meant early-teen. I think it was tween or something like that. I remember thinking that it meant teen going on 20, but no.
I immediately contacted the guy, had to suspend his account for a while, and made him clean up his meta tags before he could resume sending traffic.
The point is, if no one had ever told me there was a problem, I never would have known.
Sure, you can have a script check for certain words, like Disney, or the Simpsons, or little mermaid, but why would someone even consider "pottery barn teens?" Who (besides the Pottery Barn apparently) would even think of putting those three words together?
So because you can't think of every word to add to a list, you don't add any at all. That has to be the dumbest thing I have ever heard and sounds exactly like something AFF would say.
I am sure an attorney could pull up a list of all copyrighted companies that should not be in meta keywords on a site that is advertising your company.
In this situation we are talking about copy righted words. I am not saying you have to know all the slang for everythign illegal in the world.
I am proving a point that if a company wants to be "clean" and proactive (in this situation - copy right infringment) it is not as hard as you think to do so.
But you have to want to do it. I am sure I am not smarter then the 100 million dollar company so i am sure they have thought of ways to police their affiliates from doing stuff like this, I am sure even better ways then what I have mentioned. So why haven;t they did it ? ( they don't care. they want the sales). Same reason they use "adware".Last edited by will76; 10-27-2006, 05:31 PM.ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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Do not EVER take the name of iFriends(blessed be their name) in vain, you blasphemer you.Have a look at the results - its sub-domains on cam sites and meta tag spamming in the main.
and where did I even even mention AFF? - my point was that people in glass houses shouldn't throw stones.....
The search could have included any affiliate program and would have shown the same results.
You are in here bitching because you saw another opportunity to knock your competition so it only seemed fitting that I used iFriends as the example.
iFriends, unlike any other adult company, has never, I repeat NEVER done any type of shady/immoral/unethical/whatever business practises in their history. Their primary goal is not to make money but to enrich the lives of all humanity. I heard Al never even left the seat up once in his entire life.Comment
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It was tongue in cheek, hence thePottery Barn sells products for teens, just like when you go into a clothing store they have a teens section. Do you think the word "teens" is only related to porn sites?
Now targetting those words for an adult site, that now is a crime, hr4472 takes care of that.
A teen looking on line for items the pottery barn may have for his or her bedroom or whatever could come across adult website adds = not good.
Times have changed, I don't recall when my children were teens asking for specialty pottery. It was usually CD's or brand name tennis shoes.
Guess I need to go look at what a teen piece of pottery looks like.Comment
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I am sorry, I did not realize that you knew the inner workings of AFF, thus knew what they did or did not do.
My apologies.Comment
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Have you really thought this through, I mean the entire idea?very untrue
I have always been very vocal that I think ALL affiliate programs should be held 100% accountable for what their affiliates are doing
and YES, i think that all affiliate programs should have employees in place to randomly check urls and site of their affiliates..sorry if that offends you oh great one, but that is how I, and many others, feel
but yes, to touch on the topic in the quote, I hate AFF and you are their cheerleader, we all know this...you support their promotion and profit from content/software theft and piracy, I don't..plain and simple
So sponsors become 100% accountable, then random checks would not be enough, you would have to approve every URL that every affiliate promotes you on. Some programs might have 3,000 affiliates...sponsors could be checking hundreds of thousands of websites on a daily basis to make sure that every single word conforms...that no trademarks are infringed upon...or wait...the people doing this couldn't be grunts really...they would have to understand trademark law and not only that, they would have to pretty well know every trademark in existance in order to recognize an infringement.
So you have a sponsor, that has 200 employees working 24/7 monitoring all of these sites....so said sponsor will then have to say "sorry webmaster, since we are liable for everything you do....we have a ton of employees we have to pay and train, so payouts are now $2 per sign-up. I wonder how well that would go over?
Now, if sponsors are 100% accountable, then on the same theory, board owners should be responsible for every word posted on their boards, every picture posted etc.
Reality of it is this, sponsors can only do so much. If webmasters have to be that regulated, then sponsors are going to have to generate their own traffic, the legal and financial repercussions would demand it because there is no way in hell any sponsor could know or monitor what every single webmaster is doing. So if they can't, there are only 3 solutions.
1. Cut out the webmaster or only deal with a couple/few you can trust and generate your own traffic.
2. Lower payouts drastically to not only monitor, but to cover expenses dealing with legal fees, infringement payouts etc.
3. Close up shopComment
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Its starting to become fairly obvious thats all that you are doing.
All this protecting the affiliate bullshit is just that bullshit.
Out of all the companies that get pulled every day you are all over the cams.com/AFF ones - now, as you work with the main competition and rely on them for your income its obvious to a blind man what is going on.Comment
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You are starting to sound like Damian now (minus the beer).
You say I twist things around. I never said i knew what they did or did not do. I said what they should have done if they cared.
Did they or did they not do these things. I can't tell you that i don't know. Obviously if they did it didn't work to well though since they are being sued for it. Doesn't take someone to know the inner workings of AFF to figure that out.
I presented a simple solution to their problem. Period. You can try to knock that down anyway you want, but you cant. it is a fact that they could police their affiliates better in this situation (copyright issues).
Your replies were " tween" . How would they know to add that. I explained to you i was talking about "copyright" names, easy enough to find out what they are.
So then i get the typical, I ran out of anything intelligent to say so I will mock you with the you must know how everything works comment.
nice whats next, personal insults ?ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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Seems to be the way things are going ....nice whats next, personal insults ?
BTW I'm on coffee tonightYou are starting to sound like Damian now (minus the beer).
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nice readTherein lies the problem. How would one know what words to include? I will tell a little story, based on personal experience.
I own an AVS system. A few years ago I got a new affiliate that was cranking out sales before I even had a chance to approve his site in the system. I don't mean a couple sales either, I mean he was cranking out sales that would cause me to invite him to Xmas dinner. I was a little suspicious.
Actually, I was a lot suspicious. I went over this guys site with a fine toothed comb. I checked the Meta tags on every page, I went over everything. I could not find any reason to be concerned, and I was happy that I had caught my first true whale.
Months went by, he got checks bigger than Lightspeed's Top 10 combined, every two weeks. Life was good. Then I got an email.
Someone pointed out that in the Meta keyword tag was a word that in the advertising world meant early-teen. I think it was tween or something like that. I remember thinking that it meant teen going on 20, but no.
I immediately contacted the guy, had to suspend his account for a while, and made him clean up his meta tags before he could resume sending traffic.
The point is, if no one had ever told me there was a problem, I never would have known.
Sure, you can have a script check for certain words, like Disney, or the Simpsons, or little mermaid, but why would someone even consider "pottery barn teens?" Who (besides the Pottery Barn apparently) would even think of putting those three words together?
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ask lars your buddy. sexsearch is their main competiton and i think they suck too.Its starting to become fairly obvious thats all that you are doing.
All this protecting the affiliate bullshit is just that bullshit.
Out of all the companies that get pulled every day you are all over the cams.com/AFF ones - now, as you work with the main competition and rely on them for your income its obvious to a blind man what is going on.
damn moron, clickcash live webcam, aff is adult dating. (main competition???)
So since i advertise clickcash (an adult company) I can not say anything bad about other adult companies even if 99% of the people here agree with me.
Does this apply to everyone or just me. If it applies to everyone then i think is this going to be a pretty quiet place.ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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I clearly wrote cams.com/AFF - did you miss that?ask lars your buddy. sexsearch is their main competiton and i think they suck too.
damn moron, clickcash live webcam, aff is adult dating. (main competition???)
So since i advertise clickcash (an adult company) I can not say anything bad about other adult companies even if 99% of the people here agree with me.
Does this apply to everyone or just me. If it applies to everyone then i think is this going to be a pretty quiet place.
You even quoted it.....Comment
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I think BadDog was pointing out that it was hard to police affiliate site meta tags as a general rule - including Copyrights.
I thought you would have seen that.....
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A more likely scenario is that a customer contacted them and pointed out that when they did a search for the pottery barn teen line of pottery, they got a site advertising porn.
I like how you twist things around. You have a real talent. That is not what I said at all.
It was suggested that AFF (and all affiliate programs) should have people actively monitoring every site for Meta and Alt tags. Actively monitoring is not a spot check. That is starting at site 1 going thru the list and starting over again. With a program as big as AFF, that would take more than 5 people. Besides, you are implying they do not investigate complaints, when in fact, they have said they do. Just because they have a process that does not include invetigating complaints that originate at GFY doesn't mean it isn't so.
Oh they said they investigate complaints. Well then they must do it because they said they do. But what we hear time and time again is that the affiliate accounts that get complained about never get shut down.
For something like meta tags I've already suggested that I am sure they could set up a script to monitor them. You don't need to hire 100 people to do that or even 1 person to do that.
With a program as big as AFF (100+million a year) do you think they could afford to hire 50 people or even a 100 people if they needed to without having to drop payouts to $2 as you implied.
how did I twist your words again ?Originally posted by tony404To me big companies should have people whose job is to check affiliates all day. they should be responsible for them ,they are a reflection of their company.ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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Ok so if i don't say cams.com and stick to AFF it would be ok for me to post again with out you saying i am trying to knock my competition ?
I think i have said cam.com about 5x and AFF about 1000x but you are right it is clear i am trying to knock out my compeition AFF (dating site) because I advertise Clickcash (live cams).ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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If you go to http://www.pbteen.com/ or http://www.potterybarn.com you can see that they sell kids furniture etc etc...Comment
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Its the same company - Its Various (if you want to be pedantic) that you have the hard on for.Ok so if i don't say cams.com and stick to AFF it would be ok for me to post again with out you saying i am trying to knock my competition ?
I think i have said cam.com about 5x and AFF about 1000x but you are right it is clear i am trying to knock out my compeition AFF (dating site) because I advertise Clickcash (live cams).Comment
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I did see that. Obviously you didn't see this:
and that i have already posted about 10x now that a simple script should be able to check the sites that send you traffic, check their meta words for copyrighted names. As i stated above, Damian, in the US when you copyright a name it actually gets written down somewhere and they actually do let people see this list of copyrighted names. So where is the problem is what I am suggesting ?
I am sure an attorney could pull up a list of all copyrighted companies that should not be in meta keywords on a site that is advertising your company.
In this situation we are talking about copy righted words. I am not saying you have to know all the slang for everythign illegal in the world.
I am proving a point that if a company wants to be "clean" and proactive (in this situation - copy right infringment) it is not as hard as you think to do so.
1. get list of copyrighted names
2. add them to your "bad word" list.
3. run script to check urls that send traffic for those words in the meta tags.
4. done.
???????Last edited by will76; 10-27-2006, 06:15 PM.ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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Have you got one to police the affiliates at TeamClickCash?I did see that. Obviously you didn't see this:
and that i have already posted about 10x now that a simple script should be able to check the sites that send you traffic, check their meta words for copyrighted names. As i stated above, Damian, in the US when you copyright a name it actually gets written down somewhere and they actually do let people see this list of copyrighted names. So where is the problem is what I am suggesting ?
1. get list of copyrighted names
2. add them to your "bad word" list.
3. run script to check urls that send traffic for those words in the meta tags.
4. done.
???????
Perhaps you would like to share it......Comment
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So no one that promotes any cam company or any dating company can say anything bad about Various Inc. with out trying " knock out their competition".
Ok we got it, we are all out to get them. thanks for clearing it up. I guess in the same token they did nothing wrong either ? or do you think they are doing something wrong. If you do is it ok for you to think that if you send traffic to another cam or dating site.
It is hard to argue with the people who don't care if they look stupid.
You win. I am done. I am only posting here because i want to take down various so I can knock out my competition. Obviously this is an idea i have just come up with as I have been promoting clickcash for 5 years and never said anything bad about various inc until a couple weeks ago.ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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As wyldblyss put so well, it is not practical to have Sponsors 100% responsible for the actions of their affiliates, whether infringing, spamming or whatever. It would ruin the affiliate system.
The only time a sponsor should bear liability is when they knowingly condone illegal activity being done by their affiliates. In other words when they fail to act against an affiliate after receiving legitimate verifiable complaints showing proof of illegal activity.
Despite all the mud slinging on here I have yet to see an example of AFF, SexSearch or whoever being guilty of this. It wouldn't make any business sense at all to open yourself up to legitimate lawsuits as I'm sure their lawyers have enough going on dealing with the ridiculous ones as I hope this case will prove to be.
Being so big makes them an easy target whether in a press release or on a message board and takes all the attention away from all the questionable practises of every other Sponsor out there who most likely would be doing exactly the same thing re Zango etc if they could afford it despite their public statements to the contrary.Comment
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Its obvious whats going on Will....
and I am far from being the only person that sees it.
Your posts have been blinkered and misleading from day one - you only show people what you want them to see - and I'm talking about long before this issue came up.
You have been doing it for ClickCash for years.Comment
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No program should be responsible for illegal or unethical behavior by an affiliate unless the sponsor does not terminate the affiliate account after they have become aware of the affiliate's actions.
How many of you, knowingly or unknowingly, are benefitting from or contributing to questionable actions of others by trading traffic with them? Do you hold yourself responsible for the actions of others? If not, then why do you hold the sponsors responsible?Comment
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Mikey, if a company X contact me and said "You are linking to this site "somestupiddomain.com" and they are using meta tags and keywords on their pages intended to redirect people from our valid business to porn listings... and our name is copyright", I would have to seriously consider pulling down the link. At bare minimum, I would contact the person I swapped links with and try to find out what the heck is going on.No program should be responsible for illegal or unethical behavior by an affiliate unless the sponsor does not terminate the affiliate account after they have become aware of the affiliate's actions.
How many of you, knowingly or unknowingly, are benefitting from or contributing to questionable actions of others by trading traffic with them? Do you hold yourself responsible for the actions of others? If not, then why do you hold the sponsors responsible?
All AFF has to do is take some time and investigate. The company makes enough money to throw huge ass parties, give away thousands in online contests, and even give away a ferrari... why don't they just keep the money and hire someone to CHECK THEIR AFFILIATES SITES ONCE IN A WHILE?
This business has some serious warped priorities at times.Comment
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I must have given you too much credit. I thought you were a fairly intelligent individual and could use the analogy to help comprehend the logistics, but alas, I was wrong.
See, I haven't really been following your tirade against AFF and Zango, because it doesn't apply to me, and I don't really have time to read multipage threads about things that don't apply to me.
I skim. I see insults and accusations. I see bandwagon jumping, but I pretty much ignore it, because it has no effect on my bottom line. However, it is obvious from your above comment that you are targeting AFF, for whatever reason, and this has caused you to go blind so that facts have to be spelled out for you.
Tell you what, since you think it is so easy, how about putting together a list of copyrighted businesses so I can pay a programmer to make a script to check all the sites in my AVS system for improper usage of copyrighted names, and I will share the script with you.
Deal?Comment
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You learn something new every day. I never would have gone to the Pottery Barn for bedding . . . would have gone to Bed, Bath and Beyond maybe, but never the Pottery Barn.If you go to http://www.pbteen.com/ or http://www.potterybarn.com you can see that they sell kids furniture etc etc...Comment
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go back in law about 8 years... decisions have already been passed stating that affiliate programs are responsible. maybe an old time here can remember the actual court case?well, I think how this plays out will be a landmark decision
if they side with williams sonoma then sponsor programs everywhere will actually be liable for their affiliates actions (wow, who da thunk?)
I personally think that EVERY affiliate program should be responsible for anything their affiliates do
contractors are responsible for their contract labor employees, so why aren't affiliate prorgams? affiliates are basically just contract laborComment
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TeamClickCash does not have affiliates. I *Refer* people to Clickcash. It is impossible for me to police affiliates when I have no affiliate program.
I refer people and then I help them with promos and advice. If I did own an affiliate program you are damn right I would take proactive messures to police my affiliates. The "It's a rogue" affiliate excuse isn't going to last long and sponsors have already been held liable for bad affiliates. I would have someone spot check programs, and i would have scripts in place for situations like this to avoid being sued for copyright issues. You can't protect against everything but you have to be a fool to at least not try. I would rather be in court saying I did x,y,z to try to prevent this instead of saying it was an affiliate it's not my problem.
You and baddog a match made in GFY.
I'll let you two have your fun. I've repeated myself about 5x already and been miss quoted about the same, everyone else is welcome to read and draw their own conclusions.Last edited by will76; 10-27-2006, 10:10 PM.ICQ: 86364801 Email: will [at] innovativeassets [dot] com
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just for some cliffnotes here . this case is all about seo. people dont create pages for pottery barn teens because they would find zero people looking for porn , its about people using keyword lists to create pages based on the words most searched for .. pottery barn has PBTEENS so its a confusion in keywords, aff is just kinda cought up as an accesory. kinda silly though because if you think about it the news site that ran that article now has those keywords and will likely get some se rank from the kwyords and they dont advertise potterybarn they advertise other unrelated ( or related ) products , so shouldnt they also be liable.. what about google adowrdshatisblack at yahoo.comComment
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I push revshare
IMHO, only idiots push PPSComment
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Only an idiot would put all their eggs in one basket. If you can't see the advantage of PPS, that sounds like a personal problem.
That being said, what difference does it make if it is revshare or PPS? Payouts would still be reduced.Comment




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