Over the past week or so I have been trying to put together a list of NY Affiliate Friendly merchants. There seems to be confusion with the definition.
A New York Affiliate Friendly Merchant is not just a merchant who currently accepts NY affiliates. A NY Affiliate Friendly Merchant is one who not only accepts NY affiliates today, but is also prepared for tomorrow, by setting up their programs so that NY affiliates do not have to be concerned about losing the “valued partnership” because of geography. They are either set up to accept sales tax, prepared to do so, or have the terms set up to rebut a nexus.
NY Affiliate Friendly status is obtained by meeting one of six conditions.
- NY based
- Charging NY sales tax
- Implemented the 2 step solution – Agreement to special terms restricting direct solicitation and signed affidavits in May of each year.
- Non taxable items sold
- Lead program or flat paid per click
- Under $10,000 threshold AND instituted special terms restricting direct solicitation that will offer protection if threshold is met.
For me, NY Affiliate Friendly means ready for today and ready for tomorrow.