Category Archives: Business

Verify Your States Dispute Laws

Clickbank has a new contract which everyone who participates with them has to digitally agree to. I know most people don’t take the time to even look at these contracts. I’m a little better in that I do usually glance at them, looking for something to stand out that I might not like.

Anyway, I’m not going through the entire contract here, but only one small piece of it. And, since I read the entire contract and saw nothing which said I can’t repost it, this is the clause I’d like to talk about:

# Governing Law; Dispute Resolution. You agree that Idaho law will govern this Agreement, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Idaho, and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Boise, Idaho. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.

Dispute resolution is something that most companies would rather have than having to go to trial. They do this for two main reasons. One, costs are greatly reduced. Two, because juries tend to initially be on the side of potential victims, not companies that seem like they’re piling on the “little guy.” So, going to dispute resolution, they feel, gives them not a balance, but an edge, because they can still send as many lawyers as they wish, while the plaintiff usually won’t have the resources to mount a real challenge, nor feel they’re going to get any sympathy from the judge, which may or may not be true.

Anyway, you can see above that Clickbank uses Idaho as their base for dispute resolution. Companies usually look for a state where they feel they can get the best deals from the law. Many companies use Florida also; maybe it’s just statistics, because I know no one is saying these guys are on the take. However, they may be pro-business; I’m really not sure. However, the main point in the above clause is this one: “other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Idaho“. Why is this so important to know about?

Because some states, such as New York, don’t allow that law to apply. So, if I have a complaint against anyone, I can still file a claim against them in this state and it totally invalidates this clause in the contract. I pointed out that little piece of law a few years ago when my wife was going to sign a contract to do some part time work with this one company, and got them to alter the contract acknowledging it. I could look up the law if need be, but since I know this one, I feel pretty secure in putting it out there.

Anyway, my hope is that everyone else knows at least this portion of the law for where they live, as a “just in case” backup should something negative occur. After all, many of you reading this blog are hoping to make money off some of the products you sell, but, as you saw in my post about the one affiliate not paying me, you just never know.

March Statistics; A Dichotomy Of Success

A new month, some new statistics, and, as I said, a dichotomy of success to talk about.

First, here are the actual numbers, only talking about what made me money:


Adsense – $101.63
Paid Advertising – $25.20
Kontera – .84
LinkXL – $2.50
Chitika – .06
Infolinks – .32
Commission Junction – $0, with qualifications
Grand Total – $130.55

Let’s look at a couple of things above. This was my first month making at least $100.00 with Adsense, and I’m proud of that. Almost all of it came from my Medical Billing Answers site, and as long as that one stays prominent, it gives me something to build on. The Commission Junction thing, well, if you remember yesterday’s post about the affiliate who hasn’t paid me, you see that I actually made sales that I didn’t get credit for, and if I’d gotten credit I’d have made at least $60 this month, which would have prompted my receiving a check in April; that’s irksome, but I’m doing what I can there. Overall, February was still my best month ever, but this month easily could have been.

I still have my gripes about Chitika and Kontera, with the low sales, but I’m going to make a change. I’m going to remove Kontera from this blog, which has been somewhat irritating for some visitors anyway, and I’m going to use it on alternate pages on my Reviews Of Everything site instead, as I already have Infolinks on that site. I haven’t even had Infolinks a month yet, but that’s not the issue here. I’m thinking that type of site is more geared towards this type of text marketing, so that’s where I’m taking it.

Also, though I don’t want to do it, I’m thinking that I may move my leadership book and my leadership CDs lower onto the page, while still keeping my one internet marketing book up there at the top, and moving some other things around. We’ll see about that one, though; after all, traditional wisdom still says it’s always better to market your own products first, but talking about leadership and motivation may not work as well with this kind of blog, although it should! Yeah, I said that!

And there we are. Not so bad, a slight step back, but with qualifications, and it’s on to April.

Hank Aaron Hand Signed 8x10 Photo - 3000 Hit

Hank Aaron Hand Signed 8×10 Photo – 3000th Hit






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Watch Out For Secret Shopper Scams

Just because some of us can spot a scam a mile away doesn’t mean everyone can. I’m usually pretty good, as in the case I’m about to tell you about, but I know I’ve been at least confused a couple of times by something. However, I’ll then do some research on it to figure out just what’s going on. For others,… well, if they know me, you know who they come to. 🙂

Such is the case of the letter that came to a friend of my wife’s. She had applied to some people to become a secret shopper. For those who don’t know, some companies hire people to go shop in their stores, then report back to the company how they were treated, what the store looked like, or any other comments that are requested. This is an industry that’s estimated to generate nearly $600 million in revenue a year in the United States; ouch.

Anyway, the woman was suspicious for one reason, luckily; they sent her a check to start off with, for $3,850.00. I’m not exactly sure how much real secret shoppers get up front, or even if they get paid up front, but that certainly is an odd amount. So she showed it to my wife, who brought it home to me.

The first thing that struck me is that the business name and the corporation name weren’t the same. Also, the corporation address was listed as being in New York City, but I didn’t immediately recognize the area code, which, upon research, I learned was in Canada. Nope, that didn’t jibe.

Now it was time to look up the companies listed. The first one I looked up was Monster Market Place. And there is a company with that name, but it’s an online company that’s actually a shopping directory. Nothing about secret shoppers there, but a host of news stories come up talking about the topic of scams and what they term “monster market place”.

So, the scam had been outed, but I needed to make sure. So I looked up the second name, Lamarche Associates, and there is a company with that name; an independent insurance company with offices in 4 states, but none of those offices in NYC.

Oh yeah, I didn’t tell you about the letter. This was the “deal”. They wanted the shopper to go into a specific store to test out how well they handled the process of wiring money through Western Union. The amount they were supposed to wire was only $250, yet they were getting a check for the amount I mentioned above; very much overkill. And come on, a wiring money test? Who’d fall for that, right?

Well, it seems a lot of people all across the country are falling for that. One of the news stories highlighted a guy who got a check for $2,500, kept $250 and wired the rest of it to the number he was given; yup, bogus. And, unfortunately, you have to pay back the bank; this guy was already out of work, so he took a major hit.

Don’t fall for obvious scams, folks. As always, if it sounds too good to be true, it probably is. There are a couple of websites you can go to in order to learn about legitimate secret shopping gigs. One is the Mystery Shopping Providers Association, and another is Volition. Secret, or mystery shopping, doesn’t pay well, but some people think it’s fun.