Brand Bidding Not Allowed

[moneydrop2021]

I am about to promote an offer where brand bidding is not allowed. I wonder whether it is ok or not to put the brand name on the landing page without bidding on the brand name itself. Have you guys ever done that?

 

[moneydrop2021]

Correct. It is just bidding on the brand name of the sponsor in PPC search networks. My previous AM mentioned that he was ok with using brand name on the landing page as long as I didn't spend a dime on brand bidding. On the other hand, my other AM from a different affiliate network said that I shouldn't even mention a non-paid brand name on the content if brand bidding is forbidden.

 

[T J Tutor]

my other AM from a different affiliate network said that I shouldn't even mention a non-paid brand name on the content if brand bidding is forbidden.

Also remember that advertisers often split test their offers with networks and may have different offer promotion requirements between the networks.

I always ask for advertiser clarification with situations like this.

 

[awesomesauce]

If they don't want brand bidding the more than likely don't want you to use a trademark on your landing page. You're more likely to get sued if you use a trademark on your landing page than if you bid on a branded keyword.

 

[moneydrop2021]

I got a reply yesterday from my AM manager that it's ok to mention the brand name on the landing page as long as I don't pretend that I am the real advertiser or the trademark owner. So pretty much I can make a review of the offer on the landing page.

 

[rockstar08]

if brand name is abc , so "abc latest deals" would also be treated as brand bidding or only "abc" ... can i get some clarification ...

 

[T J Tutor]

Anything with their name in it is brand bidding.

 

[Graybeard]

if brand name is abc , so "abc latest deals" would also be treated as brand bidding or only "abc" ... can i get some clarification ...

IMHO, legally you can refer to any brand ... informatively or in opinion or also use a brand in parody.

Legally you can even register a trademark that might be considered "disparaging" like *facebooksucks* (USPTO Rules and read this Supreme Court Finds Lanham Act Disparagement Clause Unconstitutional Under First Amendment | IP Intelligence ) However, what you do with that registered trademark is another matter. the Plaintiff has the burden to prove actual damages for libel or defamation (in the USA anyway). Opinion based on common fact is not libel. It is fact based opinion.

• With regard to some affiliate agreement;

1. The terms of some affiliate agreement that the parties have agreed to is another matter.
2. A no bidding clause in a contract can refer to many different things -- without seeing the contract I can have no opinion.
3. Affiliate agreements are contracts of adhesion and often can be terminated for real or invented cause.

**not to be construed as legal advice -- this is opinion offered in conversation only -- consult with a licensed attorney before acting on this or any other input offered in conversation.