PPC Bidding by Affiliates: It’s about Controlling Your Brand

“Merchants’ policies that forbid their affiliates from bidding on their trademarks hurt the merchants’ brands.”

Wayne Porter and Jeff Molander shook their heads when I made this statement as we sat outside at a New York cafe last month. Before we finished our coffee, they were scratching their heads and asked me to write for ReveNews. What caught their attention? Why am I fighting conventional wisdom?

I don’t ever whine that merchants are hurting their affiliates. I simply wonder why merchants hurt their own brands. Merchants tell me that their companies have spent hundreds of millions (if not billions) of dollars to build their trademarks and my company should not be able to get a free ride on that. While that sounds logical, it is wrong. This brick-and-mortar logic does not exactly extend to the online world.

Advertising on a merchant’s trademarks is a privilege and not an affiliate’s right. Read that again. I am an affiliate who acknowledges that bidding on trademarks is a privilege that must be earned. At the same time, having affiliates bid on your trademarks can help you control your brand.

The two issues at the heart of the policies banning bidding are (i) control of the merchant’s brand and (ii) decreasing advertising costs. Unfortunately, these policies fail miserably at controlling the brand which means more will be spent on brand advertising in the future than the savings from the decreased affiliate commissions.

Before talking about whether or not merchants save money with these policies, we need to look at the issue of brand control in an old school way. To date, the discussion of trademark bidding has revolved around merchants saving commissions. This is an affiliate-focused view. Merchants need a merchant-focused view when analyzing this. The ban tends to come from the top when the CEO, president or general counsel decides that another company is abusing the merchant’s brand. Without fully analyzing the situation, a decision is made to cut off all use of the trademarks in advertising. This is not how it works in the brick-and-mortar world. Footlocker advertises Nike. BestBuy advertises Sony. Yet Footloker and BestBuy do not allow affiliates to use their trademarks in advertising. Instead of looking at it as the brand getting taken over, they need to evaluate whom they wish to partner with and give permission to those people in order to get control of their brand back.

By banning affiliates from bidding on trademarked terms, merchants are lying prostrate before Google and Yahoo. You are giving management of your brand to these two companies with whom you may have no relationship! I would want to control the results that come up when a user searches on my trademarks especially knowing that most users click predominantly on the first ten results.

If you banned affiliates from bidding on your trademarks, did you consider the unintended consequences?

This is the first in a series of posts on this topic. I will leave you with a few questions to consider:

1) How much of the search results page for your trademarks do you control?
2) How much of the search results page for your trademarks do you want to control?
3) What unintended consequences have you seen since you banned affiliates from bidding on your trademarks?
4) Have you ever written down what makes a good affiliate and what makes a bad affiliate?
5) Can good affiliates be a part of your SEO strategy?

Next: Unintended consequences in both paid and natural search -or- Now you’ve really lost control of your brand.

Coming Soon: Why it will be easier to monitor your program if you allow a few good affiliates to bid on your trademarked terms.

About David Lewis

David Lewis is the CEO and founder of 77Blue which operates online shopping websites. Prior to that, he worked in business development at GoTo / Overture. David was a product manager and accountant in past lives. In 2006, David won Commission Junction’s Horizon Award for Innovation and was a finalist for Linkshare’s Golden Link Award. You can find David on Twitter @thedavidlewis.

Twitter: thedavidlewis
  • http://NoCookie Dave Nathan

    From an affiliate's perspective, I make this comment. Would you rather have A) your ad and 7 of your competitors' ads on your brand name keyword or B) your ad and 7 of your affiliates' ads on your brand name keyword? A 0% likelihood of losing a sale to a competitor sounds much better than an up to 87.5% chance of losing a sale to a competitor. With Google's new trademark policy, a merchant MUST take this into consideration.

  • http://ep.com/b/BWBio.html Brad Waller

    Dave and David,

    Good points, but I just want to add to the logic of what happens when you look at a search results page and see a number of results from your trademark.

    If you care about your trademark and see that someone else is targeting your mark, then it is your duty (can I say that strongly enough?) to police the use of your amrk and stop any and all unauthorized use of it! This means in case A above you need to make sure that your competition is not infringin on your mark. If they are, you need to send them a cease and desist letter and even take them to court if they refuse. If you don't, say goodbye to your mark if you are ever challenged or if you challenge someone in the future.

    Since we are talking about PPC Bidding, this means people are actively targeting your mark and this is different from natural search. In PPC, there should be no paid results that you have not authorized (either you, an approved affiliate, or other relationship) based on your registered mark as a keyword. The situation is not that if you do not allow anyone else to bid that your competition will. So the answer is not to just let affiliates bid.

    The answer is to control how your mark is used and only allow those you trust to use it in ways you specify only. If you want to make sure you are saturating the PPC bidding, then allow this for a few trusted affiliates. But you still need to police the results for use of your mark by others – and you may now be paying extra to affiliates who made a sale that would have come directly through your own links (since they typed in your mark) anyhow.

  • David Lewis

    You got it Brad! It's about controlling your brand. It's about deciding which affiliates enhance your brand. More on this in Part III.

    For now, you can read more in Part II.

  • http://NoCookie Dave Nathan

    Let's try another argument… Trademark infringement requires that a consumer would likely be confused by the dual use of the trademark. There is no confusion when a consumer searches for "Brand A" and sees an ad for "Brand B." There is no deception involved.

  • http://www.goyami.com Adam Viener

    I have started to see more and more merchants using their affiliates as a brand blocking stragegy.

    See my article on Goyami.com

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