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In April 2008 the State of New York inserted an item in the state budget asserting sales tax jurisdiction over Amazon.com sales to residents of New York, based on the existence of affiliate links from New York–based websites to Amazon.[45] The state asserts that even one such affiliate constitutes Amazon having a business presence in the state, and is sufficient to allow New York to tax all Amazon sales to state residents. Amazon challenged the amendment and lost at the trial level in January 2009. The case is currently making its way through the New York appeals courts.
So an effective affiliate marketing program requires some forethought. The terms and conditions have to be tight, especially if the contract agreement is to pay for traffic rather than sales. The potential for fraud in affiliate marketing is a possibility. Unscrupulous affiliates can squat on domain names with misspellings and get a commission for the redirect; they can populate online registration forms with fake or stolen information; they can purchase adwords on search terms the company already ranks high on, and so on. Even if the terms and conditions are clear, an affiliate marketing program requires that someone be monitoring affiliates and enforcing the rules. In exchange for that effort, however, a company can access motivated, creative people to help sell their product or services to the world.
Affiliate marketing is commonly confused with referral marketing, as both forms of marketing use third parties to drive sales to the retailer. The two forms of marketing are differentiated, however, in how they drive sales, where affiliate marketing relies purely on financial motivations, while referral marketing relies more on trust and personal relationships.[citation needed]
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