The second step merchants need to take to reinstate NY Affiliates is called Proof of Compliance. Each year, by May 31, merchants have to obtain a signed document from NY Affiliates that states that the affiliate adhered to the guidelines. This signed document must include affiliate name and address. This document needs to be kept on file by merchant.
Again please note these posts are only meant to be a guide consult your own attorney or accountant for additional guidance. Please download all of the documents for additional details and explanations. Use all information to assist you. It is not meant to replace the advice of your own lawyer or accountant but to ease the process of implementing the solution.
Use this as a guide, adjust as you need. Then save it as a pdf for your affiliates to have access to as needed. (Some merchants are opting to collect the signed document twice a year covering previous 12 months. )Merchants should keep copies on file. It must be collected by May 31 of each year.
Here is a sample Affidavit or Proof of Compliance.
Proof of compliance with prohibition against solicitation
In accordance with TSB 083.1, I, Affiliate’s Name do hereby swear to the following:
During the past year, (fill in year June 01 200x- May 31, 200x) I have adhered to the guidelines set forth in my affiliate agreement. I have not engaged in any of the prohibited activities including, but not limited to: distributing flyers, coupons newsletters and other printed materials, or electronic equivalents of such materials; engaging in verbal solicitation, including in-person referrals or initiating telephone calls; any direct to merchant pay-per-click activity: and sending emails intended to refer customers to the (Fill in Company Name). The only promotional methods I have used are promotion of my own website and have not directly solicited on behalf of (Fill in Company Name).
Affiliate Name (Must Print): ________________________________________________
Affiliate ID: _____________________________________________________________
Documents You Need to Print and Read – Print all four
Here is the link to the complete sample documents which include Step 1 and Step 2 (simplified version) Sample Terms/Affiliate Agreement for NY Affiliates
Here is the link to the longer explanation drafted by our lawyer ( version for your lawyer, accountant, CEO…) Longer detailed version of Steps to Work with NY Affiliates
Here is the link to original official NYS tax memo – NY Tax Memo of May 8 2008
Here is the link to the official NYS tax memo of June 30 2008 that clarified what is and isn’t allowed NY Tax Memo June 30 2008
You can read more about our July 28 meeting here. July 28 Meeting of NY Affiliates
Next post is a simple step that pertains only to member sites.