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Old 05-24-2012, 12:18 PM   #1
BNMedia
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Sponsors, do you allow affiliates to use your brand name in their domain name?

I recently had a new affiliate sign up to promote www.kinkykicks.net using the domain www.kinkykicks.org and I'm not 100% happy happy this. Kinky Kicks is my brand name and I personally don't feel that affiliates have the right to use this. Particularly when a Google search of 'Kinky Kicks' puts them at the number 2 spot under mine.
I've let it go so far as I thought that maybe it's just me being petty. However, viewing a recent thread regarding Naughty America not allowing their brand name to be used in sub-domains got me to thinking that maybe I'm not being so petty after all.

I realize that affiliates work can work hard to send traffic that is beneficial to both parties, but using a domain almost identical to mine isn't really going to capture potential members which I can't do on my own.

Thoughts?

I probably should have bought all kinkykicks domain names myself!
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Old 05-24-2012, 12:24 PM   #2
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A domain does not guarantee search engine listings. I could rank www.ismelllikeshit.com for "kinky kicks" just as well as www.kinkykicks.biz

So is your problem with the domain or with the search engine listing? The search engine listing you have no control over. Nine of the top 10 listings for your name could be torrents/tubes. Or they could even be sites promoting a totally separate, but similar product.

If your problem is with the domain, that is certainly your right. But again, has little to do with search engine listings.
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Old 05-24-2012, 12:25 PM   #3
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sue that guy and let the #2 spot be taken by some torrent site with your free content
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Old 05-24-2012, 12:29 PM   #4
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and what mate? if you cannot make the serps, why disallow it to your affiliates? the affiliate is helping you with traffic and sales! if his site will be not in the serps, some warez forum or tube will be there, so how can you see it as problem? man, i am selling your site, your brand, and you want me to not allow to use the brand? that is some seriously ill thinking. like i am selling ford cars, i must use ford name cause people must know i am selling ford cars, not just some cars. register all your trademarked domains next time, problem solved. if you dont register them, they are publicly available, so anyone can register them. just start thinking business, like the affiliate is, do not put shit on him for his hard work! oh man ...
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Old 05-24-2012, 12:30 PM   #5
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Hey BNMedia i have sent you a email with one question
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Old 05-24-2012, 12:30 PM   #6
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sue that guy and let the #2 spot be taken by some torrent site with your free content
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Old 05-24-2012, 12:31 PM   #7
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btw man, where do you have tos disabling registering domains with your site in it? nowhere? oh, ok, keep up the great work lol
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Old 05-24-2012, 12:33 PM   #8
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I think it's important to have a policy up front and let people know about it, either way. The worst thing as an affiliate is spending a ton of time and money building something then having a sponsor let you know that it's not acceptable.

I've used a lot of domains similar to sponsors in the past, and I can say the most successful ones didn't mind. Made a fortune with RealityKings, Bangbros in the day, and they were always understanding, as they knew my marketing methods depended on having a similar domain, but I wasn't stealing SE traffic or just getting typos.

I think either way is fine, but deal with it early on, and keep communication open with your affiliates.
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Old 05-24-2012, 12:51 PM   #9
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Hey, all fair comments. I haven't done anything rash like suspend the affiliate.
It was only a thought that I wanted to rationalize.
My gripe was more to do with the brand name. Generally, in the niche that I sell (ballbusting) Kinky Kicks is very well known already. What I need is affiliates to take my content to a wider femdom audience and so affiliates using KinkyKicks.[whatever] doesn't bring anything to the table for me.
However, I do also appreciate the importance of search listings that pay. I've found several links to our content on file share sites by accident recently. Some that have been up quite a long time!
Leiva, yes I got your email. I'll try and reply shortly.
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Old 05-24-2012, 12:55 PM   #10
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Originally Posted by BNMedia View Post
KinkyKicks.[whatever] doesn't bring anything to the table for me.
However, I do also appreciate the importance of search listings that pay. I've found several links to our content on file share sites by accident recently. Some that have been up quite a long time!
what? that site may replace those content share sites, so you dont see any point there? hey man, wake up, take cofee, get a cigarette, and start thinking again ...
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Old 05-24-2012, 12:57 PM   #11
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Originally Posted by BNMedia View Post
Hey, all fair comments. I haven't done anything rash like suspend the affiliate.
It was only a thought that I wanted to rationalize.
My gripe was more to do with the brand name. Generally, in the niche that I sell (ballbusting) Kinky Kicks is very well known already. What I need is affiliates to take my content to a wider femdom audience and so affiliates using KinkyKicks.[whatever] doesn't bring anything to the table for me.
However, I do also appreciate the importance of search listings that pay. I've found several links to our content on file share sites by accident recently. Some that have been up quite a long time!
Leiva, yes I got your email. I'll try and reply shortly.
And why the fuck didn't you buy all you site name tld extensions?
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Old 05-24-2012, 12:58 PM   #12
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And why the fuck didn't you buy all you site name tld extensions?
School boy error!
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Old 05-24-2012, 01:04 PM   #13
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I have used brands in my domains in the past on numerous occasions. Only once has a sponsor threatened legal action over it (NastyDollars).

I never understood the stance of sponsors not wanting affiliates to push their sites using their brands in the domain name.

However if the affiliate was also pushing other sponsors via your keywords I could understand the desire to stop it.

At the end of the day Google is always going to rank tons of sites for your brand name keywords. In the current state of the industry many of these will be tube sites, forums hosting the pirated content, password sharing sites, and more.

Wouldn't you rather have an affiliate out ranking all of these sites that can actually HELP your business? An affiliate pumping up your site and sending the sales to you actually saves these sales for you. Had they not been there, the surfer would have likely found your content for free, thus not turning into a sale. The other sites are the ones who will actually HURT your business.

You may think that they are passing over your domain, for the 2nd spot, giving the affiliate a percentage of the sale is hurting you. However if they skipped past your domain in the first place, they would be doing it whether or not the .org was ranking 2nd, and again clicking on a site that would likely hurt your business and not convert into a sale at all for you.

As mentioned previously in the thread also, whether the brand name is in the domain or not, you will have other affiliate sites ranking for the term.

Personally if one of my sponsors tries to threaten me for the usage of my domain when I have spent a lot of time working on their promotions, I will drop promoting the sponsor all together, thus hurting their sales.

So from my point of view I think it would be in your best interest to just let them continue promoting the way that they promote.

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Old 05-24-2012, 01:13 PM   #14
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Wouldn't you rather have an affiliate out ranking all of these sites that can actually HELP your business? An affiliate pumping up your site and sending the sales to you actually saves these sales for you. Had they not been there, the surfer would have likely found your content for free, thus not turning into a sale. The other sites are the ones who will actually HURT your business.
Of course. These are things that I never thought of before and it's this kind of input that is useful.
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Old 05-24-2012, 01:14 PM   #15
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:2cents

If you do not like it, put in some sort of cyber-squatting clause in your TOS/AUP.

The end.
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Old 05-24-2012, 01:20 PM   #16
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Hey, all fair comments. I haven't done anything rash like suspend the affiliate.
It was only a thought that I wanted to rationalize.
My gripe was more to do with the brand name. Generally, in the niche that I sell (ballbusting) Kinky Kicks is very well known already. What I need is affiliates to take my content to a wider femdom audience and so affiliates using KinkyKicks.[whatever] doesn't bring anything to the table for me.
However, I do also appreciate the importance of search listings that pay. I've found several links to our content on file share sites by accident recently. Some that have been up quite a long time!
Leiva, yes I got your email. I'll try and reply shortly.
While I think it's lame for an affiliate to register your .org name and I would kind of view any affiliate doing that as a bit of an asshole, what everyone else states about still securing the traffic from google is valid. In the end as long as that traffic is going to you, you should be happy. Especially if the affiliate is effective with that ranking. Sure the ranks for "kinky kicks" aren't filled with a bunch of torrents and oron links full of siterips right now but in six months who knows what will happen? If that happens and he still stays #2 when the #3 link is a full site rip of your site on Extreme Board you'll be counting your lucky stars that he is there and you will wish there were 7 others like him to knock that site rip off the first page.
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Old 05-24-2012, 01:30 PM   #17
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If you change your TOS, I'd just recommend trying to work something out with the current future "violators" to keep good business. While it's true that affiliates are completely responsible for knowing the TOS at any given moment, they usually don't make a habit of checking it for changes on a daily basis, so some emails might be nice. Maybe you want them to put a text link, or statement of some kind about their affiliation with you. Or maybe you want them to not send clicks off to competitors and reach a deal where you don't object to the use provided they only have X number of links away from you. Etc. Good luck.
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Old 05-24-2012, 01:47 PM   #18
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Don't worry, he will be at number one spot with the next panda update while you are on page 7.
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Old 05-24-2012, 01:48 PM   #19
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We allow it on a case by case basis and with pre-approved permission

Subdomains aren't a big deal, but actual domain names that could cause confusion or are used to promote our competitors' products are a no-go.

We've spent a lot of time, energy and money promoting our brands, trademarks and products. We want customers to have the best experience possible and not be confused about whether a site is officially one of ours or not.
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Old 05-24-2012, 02:02 PM   #20
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This is a tough situation. First off I don't believe in tampering with anything trademarked so I would never purchase the exact domain. However, what I have done is buy something similar but not exact so kinky kicks I may buy something like superkinkykicks. They may not have been thinking at the time that they were infringing on any type of trademark/copyrights and that they were only benefiting you by doing so. Is the person making you money? Does it help to increase your brand? Traffic? Can you see a positive from this person?

Failures on your part as a company was 1. - Not registering all of the main extensions. 2. Creating a proper TOS that lists anything that you do not want to see such as this. Some affiliates just don't use common sense so you need to make sure that you as a company have everything clear on what you do and do not allow.

If you are not happy with them using the domain then contact them and maybe work out a way for you to purchase the domain from them. If that doesn't work you have the choice of letting it go or proceeding by going the legal route.
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Old 05-24-2012, 02:24 PM   #21
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The only justifiable time to do something like this (reserve keywords) is with adwords buying (because you don't want to have to be in a bidding war for for your trade name with your affiliates).

Anything other than that, you are just fucking someone else over and will get fucked over yourself.

You're jealous about that #2 spot in google because you figure you are losing the affiliate percentage to those clicks. But the alternative is that #2 spot in google goes to someone else, somewhere else, perhaps another sponsor, even, or to a free torrent/tube/whatever.

You never win going down this road IMO.

I just noticed that you are actually on kinkykicks.net , and apparently you don't even own kinkykicks.com right? This would make it an even more questionable move.


I suggest you look at it this way. Your affiliates are helping you PROTECT your business by finding the cracks and filling them with your ref link. Otherwise those areas would be filled with someone else getting your clicks and money.

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Old 05-24-2012, 02:41 PM   #22
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I recently had a new affiliate sign up to promote www.kinkykicks.net using the domain www.kinkykicks.org and I'm not 100% happy happy this.
Then why didn't you register the .org?

Quote:
Kinky Kicks is my brand name and I personally don't feel that affiliates have the right to use this. Particularly when a Google search of 'Kinky Kicks' puts them at the number 2 spot under mine.
what would you rather see?
A SERP for "kinky kicks" with your site as the first result and an affiliate's site as the second result?
Or, a SERP for "kinky kicks" with your site as the first result and an illegal tube site or a torrent site or filelocker as the second result?

Quote:
but using a domain almost identical to mine isn't really going to capture potential members which I can't do on my own.
There's no way of knowing that.
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Old 05-24-2012, 02:49 PM   #23
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search of TESS shows no trademarks for kinky kicks or kinkykicks
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