Quote:
Originally posted by Flow
Way back when, when they did that Internet interview with Bergman (don't remember who did the interview, but it was good) they specifically asked about affiliates and the double dip potential.
Bergman pretty much said that if we license a company we (Acacia) cannot legally go after the affiliates (he said the legal definition of affiliate and the way it is used in the adult industry are different so I use this term loosely, as defined by the adult industry). He said that such a "double dip" is not allowed by law. So if they sign with an sponsor program, they cannot go after you to linking to their sites unless you are offering video on your own sites. Not sure how this applies to hosted video galleries, but by just having a text or banner link with your ref-code in it that links to a site that offers videos I am pretty sure you are safe. Of course, if you have videos on your sites - does not apply, but to link to an affiliate and have to pay these fees, in Bergmans own words is illegal.
Don't remember the specifics, but I think that sums it up pretty nicely.
Flow
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Actually, it was the D$ show and if you remember, his definition of what an affiliate actually translates differently then your definition. He uses the "legal" definition of the term and unfortunately, under that guise, he is more than able to go after what we typify as "affiliates" because they are not true affiliates but actually independant marketers.