Unscrupulous advertisers resort to unfounded allegations of affiliate fraud as a means of escaping their payment obligations to a network. Unfortunately, this occurs even when the advertiser is a network. The firm has experience disproving allegations of affiliate fraud or “bad traffic,” including in instances where the advertiser network sought traffic volumes that would necessarily result in reduced quality.
N2N disputes often arise in the context of employment matters. When an account representative leaves one network to work for another, contracts need to be reviewed and precautions need to be put in place to ensure the former employer’s trade secrets are protected and the new employer is not held liable for inducing the breach of a non-compete agreement. The firm has handled several network-to-network employment disputes and has negotiated settlement agreements that protect the interests of both sides.
A tale of two networks: one serves as publisher running traffic to the other under a CPA agreement, while under another set of terms, the traffic is flowing in the other direction for a CPL campaign. While this may sound like a typical day in performance marketing, the constant role reversal and different payment models and agreements can be very confusing to the layperson judge or arbitrator presiding over a network-to-network dispute. Kronenberger Rosenfeld has ample experience educating legal professionals on the nuances of affiliate advertising so that they are able to assess the facts and render a fair decision in favor of our clients.