Jim Yaghi

Affiliate Programs are Unfair Business Loan “Usury”

Have you ever wished an advertising expert would adopt your product and promote it for you? Online advertisers have long been victims of unfair risk and unusually difficult terms for payment at the hands of Product Publishers. Allow me to propose a new model to replace Affiliate compensation so you can lure truly expert advertisers to promote for you.

Surprisingly, few realise this: Successful businesses are always built around creative solutions to challenging problems.

Restrictions such as short resources, funding, or skills are a boon for the resourceful entrepreneur.

The Affiliate Business Model, which pays advertisers a percentage of sales revenue, was invented to allow new online businesses with useful products to profit from the advertising skills, time, and money of others.

However, I’ve been outspoken in my dislike of the Affiliate model.

I believe affiliate programs are unfair to advertisers. And that product publishers take NO risk while traffic providers risk everything. Indeed, the low success rate of even competent traffic specialists is a clear indication of how unfair the model is. Like me, there will be few traffic experts willing to risk their time and money to promote your products if offered only a percentage of sales as compensation.

Allow me to propose a new way which will lure expert advertisers to promote your products for you. With this new compensation model, even I would willingly advertise for you without any up-front cost to you.

I’ll elaborate momentarily and share with you my compensation model.

 

Affiliate Programs are Like Usury

Capitalist government is a wonderful invention; except for one problem. Capitalism depends on Interest-based loans for seed-capital.

Many monotheistic religions frown upon “Usury” – a term coined specifically for interest rates that pose unfair risk for the borrower who cannot realistically pay it off. It is supposed to be illegal in most states.

However, just like usury, affiliate programs are unfair to the advertiser. Product Publishers act as lending institutions while affiliates are their borrowers. Affiliates are expected to risk their cash, time, and list-asset for Product Publishers with no real hope of ever recovering their costs.

Interest is the one flaw of Capitalism.

Our economic system is breaking down because it became unfair. Interest rates increased while banks continued to loan money to borrowers who had little chance of paying. The Economic crisis has magnified the Interest-based loan problem and proved that in all its forms, Interest is really Usury.

Similarly, the affiliate model is the one flaw of the Home-Based Business economy.

Online Marketing Systems are in a state of decline because they too are unfair. Advertising costs, similar to interest-rates have increased. Competition is cut-throat and search engines are eliminating affiliates left and right. It is becoming impossible for Home Businesses to recover their ad spend on products they promote.

The Affiliate Business Model is Usury!

 

Affiliates Pay Interest To Publishers

When someone joins an affiliate program, it is like applying for a business-loan.

Affiliates, much smaller than Publishers “borrow” a product and a sales process from a Publisher willing to loan them. Without something to sell and a way to sell it, affiliates cannot have revenue.

So let’s agree, no Online Business can profit without:

  1. A product to market
  2. A sales process that sells the product
  3. and, Some seed capital to advertise with

The Product Publisher who loans the first two items on the list is repaid with traffic and leads.

Traffic, like principle money is valuable; the more eyes a Publisher can get to an offer, the more sales are possible for them. Neither the Publisher nor the Affiliate can legitimately profit without all three.

By advertising, affiliates put eyes on the Publisher’s offer. However, affiliates are rarely compensated for the number of unique visitors they send to a website. Instead, they receive a pre-set percentage of the value of product sold with their traffic-getting service.

So in the first place, affiliates are getting a raw deal – essentially they provide more service than they are paid for. Not all traffic they send becomes customers. While Publishers can profit from all traffic sent.

Does this not seem suspiciously close to Interest-based loans, where one borrows one amount and repays more than they borrow?

Affiliates repay more traffic than they are compensated for. Let’s agree then, that affiliates borrow from Publishers and then repay the loan with interest.

 

Affiliates Assume All The Risk

Armed with a borrowed product and sales process, the affiliate starts to repay the debt with more traffic than they’re paid for at great risk to themselves.

Affiliates Risk Expertise

Advertising online requires valuable skill. If the affiliate does not possess the necessary traffic skills neither Affiliate nor Publisher profit. So the Affiliate begins to learn either paid or free advertising methods using search engines like Google and Bing, and social networks like Facebook and Twitter.

This is a risk – It is possible that the search algorithms change and any skills they have become irrelevant over night. Should this happen, Advertisers must refresh their skills and start over.

 

Affiliates Risk Time

Starting any advertising campaign requires large amounts of time creating, sourcing, and publishing content to feed the search engines so the website of the Product Publisher is discovered.

 

Affiliates Risk Money

Paid advertising costs, and Affiliates must produce enough traffic for long enough to the Publisher’s website with no guarantee that the Publisher’s system will make sales. They may never recover their spending!

Even free advertising methods can add up in cost: tools, programs, and subscriptions are essential. Many Search Engine Optimisers also outsource content creation, social sharing, and more. All of these costs are risks to the affiliate’s money.

 

Affiliates Risk Reputation

Affiliates are viewed as recommenders of products that they represent. If a Publisher’s product is refunded because it does not live up to its promises, the Publisher deducts commissions from the Affiliate while tainting the name of the Affiliate recommending them!

 

Affiliates Risk Their Leads

When advertising for a Publisher, affiliates often send leads and traffic to the Publisher as subscribers in the hopes that some of them will buy the product they promote. However, the Publisher only pays for sales of a specific product – but they hold the right to sell anything else without compensating the affiliate.

So affiliates send traffic, the publisher gets all the leads and can make money on them with multiple upsells, while the affiliate risks never seeing a cent for the leads they send.

 

Affiliates Risk Not Being Compensated For Their Sales

In the first place, Affiliates must trust that Publishers are tracking sales and crediting them correctly. What if the Publisher is dishonest? Oh and there are MANY dishonest publishers!

Worse, Affiliate tracking technologies are ALWAYS unreliable and intentionally skewed in favour of the publisher. Meaning, when tracking systems fail, Publishers do not pay.

Cookie technology, is a kind of short-term memory for browsers, and it is commonly used to determine which customer were brought by which affiliate. Cookies only correctly track customers whose browsers have cookies enabled.

Not all Web Browser software is capable of storing cookies.

Additionally, not all customers buy from the same computer they were first tracked from. And not all customers use the same browser when purchasing as they did when they were first tracked.

Want to know the worst part?

Few Affiliates even know this, but tracking Cookies expire after a period of time. When a tracking cookie expires, even if a customer previously tracked to an Advertiser makes a purchase, the Affiliate will not receive credit for the sale. Why? Publishers justify this by saying that “too much time has elapsed since the prospect came into the system.”

On the other hand, Publishers know and have the ability to set the expiry of tracking cookies to any duration they wish. They only disclose this in fine-print in their obscure affiliate agreements.

Some Publishers try to say that their tracking system is RELIABLE because it adds another level of sales tracking by E-Mail address. Meaning, they keep a record of which E-Mail addresses were brought by each affiliate, and when an email subscriber buys, they will credit the tracked affiliate with the sale.

At face value, this seems very fair. However, most customers do not buy with the same Email as they subscribe with.

So what happens when the unreliable tracking technology fails? Who gets credit for the sale?

The Publisher. Affiliates bear the risk of the unreliable tracking technology.

 

Affiliates Risk Their Livelihood

Any advertiser who depends on, say, their Google traffic skills, may lose their advertising account if they promote a Publisher product deemed unfavourable by the search engine.

Considering that Google is the largest traffic supplier online, the risk of losing one’s account is a major gamble. Particularly if the Affiliate’s primary skill depends on their Google account.

I have turned down Clients and avoided advertising for some with Google because my main skills depend on Google. I may risk everything else, but my Google Adwords account is the one resource I will not risk for any Publisher’s product.

 

We agree then, that Affiliates accept a great deal of risk?

Is this not similar to the situation for a borrower who takes a business loan? Lenders ask borrowers to stake their assets, income, and life insurance and gamble on their job security and the fluctuations of Interest rates for the sake of a loan. Borrowers shoulder the greatest risk – and if they cannot afford to repay a loan, they and their families are screwed even in death.

Affiliates too risk EVERYTHING. If they fail to gain BUYING traffic for the Publisher, they will not receive a cent in compensation. Their time, energy, skill, reputation, and livelihood could be lost when they borrow from Publishers.

 

Publishers Assume No Risk

While affiliates assume all the risk, the Product Publisher accepts none. Even if the Publisher’s sales process is faulty or their product has no market, they lose NOTHING.

Publishers often call themselves or their affiliates “Partners”. This is a lie. Business partners are compensated in proportion to their stakes. How can we be partners when one person makes more with less at stake?

Because of the low risk, most Publishers prefer to use affiliates for traffic instead of hiring their own in-house traffic staff.

If they were to use in-house staff for advertising, they would need to pay the expense of an employee as well as the advertising cost.

On the other hand, businesses that have proven sales processes with legitimate products that sell profitably don’t mind hiring in-house advertisers and spending on advertising themselves, without affiliate middlemen.

Many Publishers have poor products, expensively priced, with no truly interested market. Their affiliates must not only provide traffic, but they should also generate interest in otherwise un-interesting products. The Publisher has no risk.

Very often, I have found that Publishers do not test their sales process. Why bother? They will only pay IF they make sales. Otherwise, they can collect leads and traffic to their websites virtually free from their active affiliates.

Is there ANY way for them to lose? No.

Like a common Lender, Product Publishers have nothing risked besides the time it takes to throw up a sales page and to produce their product. Their subscriber list is built for them at someone else’s expense, and they can make plenty of money off the labour and risk of others.

 

A Better Model For Paying Advertisers

Earlier I stated that lending at an unfair interest rate and creating undue risk for borrower is called Usury. I hope too that by now you understand how risky the Affiliate Business Model is for advertisers and how close it is to usury.

In this section, allow me to show you a better model to offer advertisers.

As a faithful follower of a monotheistic religion myself I do not condone Usury. When I was a child, I announced to a very educated friend of my father’s that I wanted one day to build a billion dollar company without any business-loans.

His response was one that stuck with me into adulthood. In fact, I credit him with inspiring the idea for this advertiser compensation model.

The analogy he made was about Home Loans.

Suppose, he said, you want to buy a home for $1 Million. But rather than take a bank-loan, you found a rich Investor instead. This is not new. Investment has long-been used as an alternative to lending. Unlike a Lender who collects interest and risks nothing, however, an investor stakes a portion of the Principle and collects a share of business revenue proportional to their risk.

So let’s say you put up $100,000 which is 10% of the total price of the home. For the rest of the money, you found an investor willing to put up the remaining $900,000.

Before any money exchanges hands, you find out the rental price of the property. Shall we say, $5,000/month in rent?

Rather than pay a Lender some arbitrary interest rate, you would pay the investor 90% of the rental value each month: $4,500. You now have the choice to buy out the investor by repaying the Investor from your 10% share of the rent. This increases your share and reduces the Investor’s share, and in turn the amount you have to pay back each month.

Unfortunately, in a Home Loaning context, this model would not realistically work. Because the Investor is always paid a RATIO, they will always own some share of the revenue, no matter how small it gets.

However, for Business, there is no problem using the model – it is only fair that someone who contributes seed capital to your business remain a partner for life, even if their share becomes very small over time as your contribution increases.

 

Let’s explore.

Suppose you deem your product’s Intellectual Property value and sales process to be worth $1 Million in PROFIT over the next year. For simplicity, ignore expenses for now.

To begin with, you may not have much capital to pay employees. But you still need a REAL advertising expert to promote your product or there would be no business.

Instead of creating an unfair affiliate program because you can’t afford an in-house advertiser, you can simply find out the going advertiser rate and turn that into a share in the company.

Here’s what I mean: Let’s assume an expert advertiser’s time and skill is worth $5,000/month or $60,000 over the course of a year.

Since you can’t afford to pay this, you need to recruit an Advertising PARTNER; an advertiser willing to invest their skill and time in exchange for a share of your product sales.

Let’s go ahead and quantify the advertiser’s risk in time and money as 6% of all revenue, by dividing $60,000 (their contribution) by $1,000,000 (your Intellectual Property contribution).

By quantifying the advertiser’s risk as a percentage of yours, we can now say that the advertiser is an investor in your business entitled to 6% share of profits.

Since we ignored expenses earlier and advertising will likely cost money, you can choose whether you want to take on advertising costs yourself and add it on to your Principle contribution -or you can give the advertiser the option to pay 6% of advertising costs too.

This way, if the advertiser likes working with you and the product sells well, they can increase their share by paying more of the expenses or by helping increase your business’ value. Similarly, you can buy out their contribution by repaying some of their advertising skill and time Principle.

 

Trouble With The New Advertiser Compensation Model

For every innovative solution, there is a counter-challenge that rears its ugly head.

The problem with this model for advertiser compensation is – Where are you going to find competent advertisers who are willing to invest in your business with their time, traffic skills, and possibly advertising money?

At YaghiLabs, we created the Internet Business Academy community where we only do business this way – as investors in YOUR business.

To access our community, you must be enrolled in the YaghiLabs Internet Business Academy. Learn about it and enrol at the link below:

http://jimyaghi.com/ylacademy

 

~jim

 

  1. Here's one reader's opinion - Do you agree?

    Mike Young, Esq.
    1 Nod

    Actually, the product publisher risks a lot when it comes to affiliates. Product publishers are held liable by the government and in lawsuits for false and deceptive claims made by affiliates to promote products even though the publishers knew nothing about the misconduct. Product publishers also risk their reputations when an affiliate creates an online scandal and is publicly tied to the publishers. Product publishers also risk affiliates creating fraudulent sales, grabbing the commissions, and then disappearing before law enforcement and credit card companies and resolve the theft issue. Three guesses who ends up reimbursing the defrauded credit card owner after already paying out the affiliate commissions. Yes, there are better business models than affiliate programs. But to claim that product publishers have no risks in affiliate relationships is missing key parts of the picture.

 

 

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    4 Responses to Affiliate Programs are Unfair Business Loan “Usury”

  1. ewan
    Nod

    spot on here jim,

    lemme tell ya a little story, regarding ‘affiliates not being compensated for their sales’

    before i was part of the staff here at YaghiLabs i started my online career with a ‘marketing system’, i was one of the few people who had some decent success but the stuff you talk about above is a big part of a day in the life of the marketing system man

    or woman :)

    they were all about ‘leveling the playing field’ and i was always told that the member that generated the lead had the person tied to them, so if they then tried to submit an application under someone else, (sponsor shopping) it would automatically divert to my system. Also, any members found doing this would have their accounts terminated.

    My sponsor, said that he had a monster $100k monthly earner who was currently in herbalife, try to join him, but he wouldnt let him due to the big earner being linked to a different member

    So, this dude that i had spent a bit of time with, submitted an application ($50) and was ready to get started. A couple days later i realised he was started, i thought, great, an action taker, but he had submitted another application, under a different member, (another $50)

    I followed this up and was told it didnt matter who generated the lead, its the person who gets the application first, i was like ‘dude, that was still me’

    My sponsor was furious, and said he would get the member returned to me. By this time i was a little like, mehh, if he doesnt wanna work with me and my team he can go f**k off

    anyway, it went right to the top of the company and i got an email saying, might aswell forget about it, if you force the member to come back to me, it will upset him and maybe nobody will get the sale

    (this, by the way, was one of the first things to happen to make me question the whole home biz pop thing)

    i was told i should get half the commission on any sales

    well, that never happened but im capable of generating enough members and sales to make money without needing dooshbags like these

    I spied another up and coming ‘leader’ on facebook and thought i would ask for their opinion, i explained the situation, now i wont mention any names :) but **** came right back to me and said, ‘oh, i do it all the time, if someone is a lead in another members system, just tell them to go through it again using a different email address

    Now, please dont think for a second that im bitter or hold any grudges, because that is defo not the case, i actually dont, and never have any issues with anyone at all, apart from this one dude, in primary 6, kissed this girl that i fancied, dam, i freekin hated him :p

    but…. there lacks some serious inconsistency, with what is said, and what is actually done. How many other members has this happened to? it happened to me twice, and i know of atleast 5 other stories

    Oh yea, at a rough calculation, i missed out on about $30,000 in commissions

    Oh, and the member in question, turns out was downline of member **** i spoke about above:)

  2. Mike Young, Esq.
    1 Nod

    Actually, the product publisher risks a lot when it comes to affiliates. Product publishers are held liable by the government and in lawsuits for false and deceptive claims made by affiliates to promote products even though the publishers knew nothing about the misconduct. Product publishers also risk their reputations when an affiliate creates an online scandal and is publicly tied to the publishers. Product publishers also risk affiliates creating fraudulent sales, grabbing the commissions, and then disappearing before law enforcement and credit card companies and resolve the theft issue. Three guesses who ends up reimbursing the defrauded credit card owner after already paying out the affiliate commissions. Yes, there are better business models than affiliate programs. But to claim that product publishers have no risks in affiliate relationships is missing key parts of the picture.

    • Nod

      Hi Mike,

      thank you for your insightful response. Mike, i know you’re one of the Internet’s top attorneys so i have no doubt you are right and there are a great number of legal risks that a Publisher undertakes as you have been so kind as to point out.

      I realise that my perspective was, err “extreme”. Primarily, it was to share an alternative advertiser compensation structure.

      So let me ask you this – if you don’t mind – Do you see less risks for both parties when employing the new model of Advertiser compensation i recommended? Given, that this model creates a contract between one professional advertiser and a Publisher.

      Traffic professionals and Advertising Agencies prefer to be contracted with some kind of base-fee + some performance incentives. This is a payment model that can be difficult for a startup company to afford, though we advertisers like it. I have seen all kinds of problems with it too – some advertisers are compensated as a percentage of their ad spend, which seems unfair to the company that hires them, if the ad spend is ineffective. Also it seems to incentive waste. Compensation per click or unique hit is a bit more fair for the advertiser, but doesn’t guarantee quality for the hiring company.

      i’m always seeking better ways to even the stakes for all parties involved…do you have any alternative payment models you can share?

      Jim

  3. Mike Young, Esq.
    Nod

    Jim,
    Appreciate your kind words. Keep it up and I’ll have an unhealthy urge to attend seminars as a guru and sign autographs in the hallway. ;-)
    In theory, I like your advertising “partner” model, although for legal purposes, I’d avoid using the term “partner” because of the liability issues that raises.
    If I understand what you’ve described correctly, the model is similar to that which has been used by some copywriters and attorneys to get paid for what they bring to the table for the product creator.
    The key down side is that the product creator invariably discounts the value delivered as time passes to justify nonpayment regardless of what a written agreement between the parties specifies for revenue sharing.
    And like affiliates, the service provider more often than not gets cheated.
    The partial solution is to get paid up front a flat fee plus a revenue share on the back end. To do this successfully, the flat fee should cover the value of your time and efforts while the revenue sharing on the back end is in essence an unexpected “bonus” that more often than not you’ll never see.
    As for the advertiser putting in a proportional “investment” or “contribution” in the business, that raises a whole host of issues that a revenue sharing agreement does not, including securities laws issues. I’m sure it could work under some circumstances but risks and costs (accounting and legal) likely outweigh the rewards.
    If nothing else, few want to give up equity in their companies in exchange for services. And the value of such equity is limited where the company is small, privately held, and there’s no readily available market for cashing out the equity. In many cases, the equity has transfer restrictions where the other owners have the exclusive right or first option to buy the equity before it can be sold to a third party.
    All things being equal, I’d suggest that the advertising partner lock in the profit on the front end and consider the additional revenue sharing on the back end to be “gravy” because chances are little or none of it will be paid. Having the deal include investments or contributions seems like too much of a legal headache.
    That being said, there’s absolutely nothing wrong with setting up a joint venture between parties. For example, let’s say that you, Ben Settle, and I decided to pool our respective resources and expertise to create for a project. Our companies could enter into a JV agreement that specifies who does what and who gets paid what from the revenues generated from the project.
    Alternatively, the three of us could hypothetically set up a limited liability company (LLC) where we each owned a percentage of the equity as members based upon what we brought to the table. Profits would be divided based upon our membership operating agreement (which may or may not divide the profits based upon the amount of equity each of us owns as members).
    Food for thought.
    Best wishes,
    -Mike

About Jim Yaghi

Jim Yaghi is an advertising consultant and traffic expert, with a background in Artificial Intelligence.
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