Legal Question in Business Law in Florida

Terms and Conditions Changed Suddenly

Our website drives customers via

affiliate links to a website and in

turn the customers are tracked to us

and we earn a profit when the

customer buys something.

During the initial process of signing

up to be an affiliate with this

company we agreed to their ''Terms

and Conditions'' stated on the affiliate

website.

There was a term in the T&C that

was stated but never in effect.

Basically the term said that if a

customer doesn't buy something

within 30 days they are no longer

tracked to us and the company has

rights to that customer without

giving us our commission.

Well after 3 years of promoting this

company's products we built up a

large database of customers. The

company never enforced this ''30 day

policy'' and it was not active when we

signed up, it was just in the T&C.

They have now stated in a newsletter

that they are going to be initiating

this 30 day policy. We built

our business unknowing of this term

as it was never in affect and now

they just changed things. The

change wasn't sent in an official

email, it was in a basic newsletter

about monthly promotions.

Is this legal


Asked on 3/11/08, 1:23 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Terms and Conditions Changed Suddenly

If it is in the contract they can enforce it. That does not mean, though, that you can't also use your database of customers. As you describe it, when they sell to someone that falls under the description, you no longer get a commission.

Read more
Answered on 3/11/08, 1:32 pm


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