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Read MoreURGENT! California AB178 is BACK!
As forewarned, the “affiliate nexus” language has been added to the state’s budget in an effort to generate more revenue for California. So, we need support again! LinkShare sent out a letter to all affiliates on behalf of the PMA, and Commission Junction sent out one of their own. In part, the PMA email read:
You may remember the grass-roots campaign we waged in April, to defeat an anti-affiliate tax bill that would have a detrimental effect on affiliate programs. Even though we defeated that bill, it has been revived, in a desperate hope to help California’s budget crisis. The bill was originally defeated thanks to the affiliate community in California, who was responsible for convincing the sponsoring committee that this bill was a bad idea. Now it is time to repeat that stellar effort, because we have a few more people to convince.
So we need your assistance again! Below is a list of important California officials that need to hear from you that this is a BAD idea! Also below is the copy you can feel free to paste into the email you send to them! Some folks are going back to Sacramento today to do what they can, and unfortunately I won’t be able to join them this time. So I sent emails. I checked these against the website and they all seem accurate even though several of mine bounced back, so I’m also including a link to their website’s contact form. Note, however, that some won’t accept correspondence from an address outside their district, which I think is complete fail of the system, but that’s just me.
- Senator Lois Wolk – Senator.Wolk@senate.ca.gov – Contact Form
- Senator Darrell Steinberg – senator.steinberg@sen.ca.gov – Contact Form
- Senator Elaine Alquist – senator.alquist@sen.ca.gov – Contact Form
- Senator Roderick Wright – Senator.Wright@senate.ca.gov – Contact Form
- Senator Ronald Calderon – senator.calderon@sen.ca.gov – Contact Form
- Senator Gloria Negrete McLeod – senator.mcleod@sen.ca.gov – Contact Form
- Senator Lou Correa – senator.correa@sen.ca.gov – Contact Form
- Senator Denise Ducheny – Senator.Ducheny@senate.ca.gov – Contact Form
- Jennifer Kent (Gov. Schwarzenegger’s tax adviser; please address as “Ms. Kent”) – Jennifer.Kent@gov.ca.gov
Here is the email copy you can paste into the email. Remember to edit the parts I’ve italicized in red below. Commission Junction’s template can be found here.
Subject: OPPOSITION to Sales/Use Tax Nexus Bill (AB 178 Skinner)
Dear Senator [Insert Last Name]
I am a small business owner with a website, and I am in strong opposition to Sales/Use Tax Nexus Bill (AB 178 Skinner), which would require retailers that receive referrals from advertising on websites, such as mine, to collect sales tax in California.
I am opposed to this bill because it would substantially harm my small business by reducing a large source of revenue that I depend on to survive. This revenue results from providing advertising on my website on behalf of out-of-state retailers. [Describe briefly how your business model is set-up and what you contribute to the local economy.]
If retailers believe that doing business with me will result in their having to collect sales tax on all California sales, they likely will sever ties with my business, putting the viability of my business at risk. Such was the case in New York State where Overstock dismantled its affiliates program and hundreds of other business followed Overstock’s example. This left thousands of small and medium-sized affiliate businesses with a 50% loss of income.
Unfortunately, this bill is futile. If enacted, retailers will drop me as a partner, California won’t collect sales tax as a result – and my business will be devastated in the process.
For these reasons, I respectfully oppose this legislation.
Sincerely,
[Your Name]
Please be sure to spread the word to your fellow affiliates potentially affected by this bill!
Read MoreCribbed Content for May 29th
At first glance when starting to compile this week’s Cribbed Content, it didn’t look like much was going on. My Google Reader was kind of light, as were the other scoops and news coming across my desk. But then when I really started to dig, I found some cool stuff! Including a really easy Twitter Contest from DIY SEO to win a Kindle!
- Last week I reported that Affiliate Summit East 2009 was all sold out of booths. They’re now all sold out of Meet Market tables as well, the first time for them that they’ve sold out of exhibitor space before Early Bird pricing was done. Congrats to the ASE09 team!
- Speaking of Affiliate Summit, co-founders Missy Ward and Shawn Collins were in Dallas at the Inbound Marketing Summit speaking about monetizing blogs. Missy was kind enough to share their slides from the presentation.
- Affiliate network ShareASale is toying with an Affiliate API and has released the initial sections for use.
- Google recently changed their trademarks policy in regards to AdWords paid search ads. Search Engine Land wrote an article on how to protect your brand under Google’s new trademark policy, and Geno Prussakov also wrote an article on how this applies to affiliate marketing.
- Apparently Google mucked around with PageRank… AGAIN… and devalued Twitter profiles. Which is fine with me since I realized awhile back my twitter page was PR9 when this here blog was only PR2 (currently my twitter page is a PR3). What really irritated me was that, out of nowhere, this blog went down to PR0 out of nowhere with no real changes other than a redesign (that, if anything, should have HELPED SEO). So in my opinion Google can shove with with their PageRank racket anyway. Anyway, Andy Beard explains a few things about the change.
- I’ve seen a certain someone from a certain CPA network tweeting a lot in the last two days about making money from Twitter with CPA ads. That seems to be ALL this person is tweeting about and it’s getting on my anti-spam nerves. So instead of calling this person out, I’ll be passive-aggressive and just pass on this article for everyone: 10 Irritating Mistakes that People Make with Twitter. Thanks Nikki Pilkington for a good article right when I was thinking about it!
- I’m a big fan of to-do lists. There’s been some talk about different apps recently (I was turned onto Toodledoo and love its integration with iGoogle homepage). Nate Moller wrote a great article on why to-do lists are key to entrepreneur success that any slightly unmotivated or scattered entrepreneur should read!
Cribbed Content for May 22nd
It’s been a slow week for news coming across my desk. Then again, it’s been a slow week for me in general. We’re doing Affiliate Marketing Fanatics about every other week now when news is slow. Hopefully with the upcoming LinkShare Symposium in New York, Affiliate Convention in Denver, and a smattering of other events we should have more to talk about soon! In the meantime, check this stuff out.
- Geno Prussakov posted some pretty great articles on his blog this week, 7 Common Problems with Affiliate Data Feeds and Common Mistakes of New Affiliate Program Managers. I have to give Geno kudos for some great articles!
- Andy Beard wrote an insightful entry on his blog about his Product Launch Affiliate Strategy, and what checklist he uses to determine if he’ll support a new affiliate launch or not. It’s definitely a good read for any affiliate starting out, and any merchant who wants to optimize their launches to make them attractive to affiliates.
- FeedFront Magazine has issued a call for entries for their 7th issue, which will also serve as the conference guide for Affiliate Summit East 2009 in NYC, at which I’ll be speaking!
- Speaking of Affiliate Summit East 2009, they’re all sold out of booths! You snooze, you lose!
- More interesting posts about whether or not you should disclose affiliate links with Shawn Collins’ Affiliate Link Disclosure Manifesto. Good stuff.
Breathe Easier, California Affiliates!
I had the pleasure and pain of driving up to Sacramento yesterday to sit in on the hearing for AB 178, which I’ve talked about before putting California affiliates in jeopardy. Lisa Picarille and I hopped into my car and made the drive up, and about 10 minutes away from our destination, we get the news that the hearing had been postponed. The bill has been changed to a two year bill. What does this mean, exactly?
Believe it or not, I couldn’t find a sufficient actual definition for what a two year bill is online, so I can only pass on what I was told in basic layman’s terms, which may be better anyway. Basically what this means is that the hearing has been postponed until January, when it will be up again to be heard in hearings. We were told by several seasoned lobbyists that if it’s not heard in January, this bill in this current incarnation will be dead. However, the issue won’t necessarily go away. We will need to keep an eye out for other bills to make sure language isn’t shoehorned into other bills that could affect affiliate livelihood and tax nexus, and we also have to pay attention in June when budgeting starts to make sure no strange budget items that could affect nexus show up.
This is a small victory and California affiliates can certainly breath easier for awhile, but it’s not over yet. We’ve won the battle but the war rages on. Of course, there’s a lot of blog coverage on the happenings of yesterday, so check out their points of view as well:
- Mr. Lewis Goes to Sacramento – David Lewis
- Calif. AB 178 on Hold for Now – Lisa Picarille
- California Hearing Postponed – that’s a good thing! – Rebecca Madigan
- No Hearing for California AB 178 – Shawn Collins
- Commission Junction’s Internet Retail Tax News
Recap of Lobby Day Against CA AB 178
Yesterday I had the privilege of accompanying 9 of my fellow affiliate marketers to the California State Capitol building in Sacramento to help lobby legislators against the passage of California Assembly Bill 178.
I have to say on a personal level, this was my first trip to the Capitol, and the most involved I’ve ever gotten with politics in general. It was a pleasant experience overall. And yes, I got a little “star struck” for lack of a better term walking by Gov. Schwarzenegger’s office. I had to fight the urge to knock on the door and demand court!
Back to business. 10 of us were able to make it up, some coming from Southern California. We had appointments set for almost all day, so we split into two groups so we wouldn’t run the risk of running late or overcrowding offices. Our group had a few lack luster meetings with staff that really didn’t understand what we were talking about or weren’t really familiar enough with the bill to care yet. But we also had some good meetings with other staff members who were incredibly receptive to our message and offered us a lot of advice regarding how to go about the lobbying that we’re doing. Some even went so far as to call other offices we didn’t already have appointments with and help to make us appointments.
It was equal parts optimistic and pessimistic. While it looks like it’s going to be incredibly difficult to outright kill the bill because of the eagerness of the state to collect any income possible. Focusing on the message that it’s best to keep the bill as broad as possible in the definition keeps it as fair as possible. In a perfect situation the Streamlined Sales Tax Project to require the collection of sales tax across every state would make the playing field as fair as possible, but that’s already been in the works for almost a decade and doesn’t look promising to be enacted any time soon. So in the meantime, we do what we can.
You can still do what you can. Now that we’ve taken meetings at the capitol, feel free next week to take meetings in your district in California. The members will be on vacation and potentially available at their district offices. Staff will not be on vacation and will still be in Sacramento working, so if you weren’t able to join us under such short notice, feel free to schedule your own appointments and talk to the Assembly Members on the committee for Revenue and Taxation. The meetings were generally short, 15-20 minutes of a staff members’ time. We were able to leave behind the letter that Linkshare wrote in opposition along with the opposition letter from the Performance Marketing Alliance, co-signed by over 300 affiliates.
If you’d like copies of these documents for your own leave behinds materials and have the intention of taking a meeting either in the district offices or in Sacramento, please leave a comment and I’ll see how we can get those materials to you. Here’s information on the committee members to reach out to. If you live in their district, all the better (they prefer to hear from constituents whenever possible).
- The Committee for Revenue and Taxation: (916) 319-2098
- Charles M. Calderon (Chair) – Dem. 58th District
- Sacramento Office: State Capitol, P.O. Box 942849, Sacramento, CA 94249-0058, Phone (916) 319-2058
- District Office: 13181 N. Crossroads Pkwy, Suite 160, City of Industry, CA 91746, Phone (562) 692-5858
- Chuck DeVore (Vice Chair) – Rep. 70th District
- Sacramento Office: State Capitol Room #4102, Sacramento, CA 95814, Phone (916) 319-2070
- District Office: 3 Park Plaza, Suite 275, Irvine, CA 92614, Phone (949) 863-7070
- Jim Beall, Jr. – Dem. 24th District
- Sacramento Office: State Capitol, P.O. Box 942849, Sacramento, CA 94249-0024, Phone (916) 319-2024
- District Office: 100 Paseo De San Antonio, Suite 300, San Jose, CA 95113, Phone (408) 282-8920
- Joe Coto – Dem. 23rd District
- Sacramento Office: State Capitol, P.O. Box 942849, Sacramento, CA 94249-0023, Phone (916) 319-2023
- District Office: 100 Paseo De San Antonio, Suite 319, San Jose, CA 95113, Phone (408) 277-1220
- Diane L. Harkey – Rep. 73rd District
- Sacramento Office: State Capitol Room #4177, Sacramento, CA 95814, Phone (916) 319-2073
- District Office #1: 29122 Rancho Viejo Rd., Suite 111, San Juan Capistrano, CA 92675, Phone (949) 347-7301
- District Office #2: 300 N. Coast Hwy, Oceanside, CA 92054, Phone (760) 757-8084
- Fiona Ma – Dem. 12th District
- Sacramento Office: State Capitol, P.O. Box 942849, Sacramento, CA 94249-0012, Phone (916) 319-2012
- District Office: 455 Golden Gate Ave., Suite 14600, San Francisco, CA 94102, Phone (415) 557-2312
- Jim Nielsen – Rep. 2nd District
- Sacramento Office: State Capitol Room #6031, Sacramento, CA 95814, Phone (916) 319-2002
- District Office #1: 280 Hemsted Dr., Suite 110, Redding, CA 96002, Phone (530) 223-6300
- District Office #2: 1527 Starr Dr., Suite U, Yuba City, CA 95993, Phone (530) 751-8351
- Anthony J. Portantino – Dem. 44th District
- Sacramento Office: State Capitol, P.O. Box 942849, Sacramento, CA 94249-0044, Phone (916) 319-2044
- District Office: 215 N. Marengo Ave, Suite 115, Pasadena, CA 91101, Phone (626) 577-9944
- Lori Saldaña – Dem. 76th District
- Sacramento Office: State Capitol, P.O. Box 942849, Sacramento, CA 94249-0076, Phone (916) 319 – 2076
- District Office: 1557 Columbia St., San Diego, CA 92101, Phone (619) 645-3090
