Complaint: I am rejecting this response because although CJ stated in their message that their Network Quality team "decided to approve and payout the commissions we earned", we did not receive all of the commissions we earned before our account was deactivated on April 4, 2016.We have attached a file obtained from CJ on April 3, (prior to the account deactivation) It contains a list of all transactions with CJ and showing a total commission of $11,096.89.As of today we have only received $from CJ The remaining amount $10,was never receivedRegards, [redacted] ***
Dear MrH [redacted] Commission Junction, LLC, a Conversant company (“CJ”), maintains its stance that your account was rightfully terminated and your commissions were rightfully reversed to your advertisers pursuant to the CJ Publisher Services Agreement (“PSA”) and the CJ PayPerCall Terms of Use (“TOU”) Specifically, your account was deactivated as a result of breaching Section 1(d)(ii) and of the PSA and Section of the TOU As explained in the previous correspondence, your commissions were rightfully reversed and your account was terminated for non bona fide transaction, pursuant to PSA Sections 1(d)(ii) and Section (6), respectively Also, per Section of the TOU, you agreed that the commissions you may be paid would vary and be determined by a variable of factors such as the quality of the call as determined by [Your] advertiser and/or CJ Further, commissions generated from calls that do not meet reasonable quality standards, as determined by CJ, may be reversed in CJ’s sole discretionThe fact remains that you have breached the PSA and TOU by engaging in fraudulent activity regardless of the ratio of bone fide calls to fraudulent callsThe recording we attached in our last correspondence is sufficient in itself to terminate your account per Section 6(c), which states that any breach of the PSA is cause for immediate terminationThis is a precaution we make in order to deter publishers from engaging in further fraudulent activity and is a matter we do not take lightly In regards to your Paychex calls dating back from December 2015, the CJ Network Quality team has determined another example of fraudulent behavior because the caller engaged with the representative appears to be the same person continuously reiterating information, requesting for information to be sent to him for review or requests for a local contact to reach himTherefore, the non-bona fide transactions have been charged back as a result of the termination of your account and your commissions were rightly withheld In sum, CJ has acted within its rights under the PSA and TOU, and if you choose to pursue this matter in court, CJ will vehemently oppose the action and seek to collect attorney’s fees Sincerely, N [redacted] Counsel & Manager of Legal Affairs
Dear MrF [redacted] , We apologizes for the inconvenience this has caused For direct customer support, please call ###-###-####, which is available 6AM – 5PM Pacific Time You can also email the CJ Affiliate Support Center at [email protected] To manually change your password, please log onto your account and navigate to the “Account” tab From there, select the “Users” from the drop down menu On that page, you can make the update by selecting the pencil icon to the far right of your username You will then be prompted to enter in your current login details and then be given access to make all necessary changes Thank you, N [redacted] Counsel & Manger of Legal Affairs
Complaint: I am rejecting this response because: Thank you for your messageWe will contact the advertiser about the funds that they decided to withholdHowever, we will need the advertiser's name, address, and contact information We will also need the precise amount of the commissions that we earned but were not paid by CJ because they were withheld by the advertiser, together with an itemized list of all affected transactions (including dates, order amounts, commission amounts, etc.) Thank you for your consideration on this matter Regards, [redacted] ***
Dear Mr [redacted] ***: Commission Junction, LLC, a Conversant company (“CJ”) was not obligated to pay out commissions if CJ has not yet received full payment from the advertiser, pursuant to the CJ Publisher Services Agreement (the “PSA”), which you agreed to when you created your free CJ publisher account on July 25, Under the PSA, Section 3(e), Facilitating Payment of Payouts, states the following: CJ shall have no obligation to make payment of any Payouts for which CJ has not received payment from the relevant Advertiser of all monies due to CJ (including for all Payouts owed by such Advertiser to all of such Advertiser’s Publishers)You agree that CJ has the right, but not the obligation, to seek on behalf of you any and all amounts due from Advertisers, including, but not limited to PayoutsIf CJ elects, in its own discretion, not to make payment to You for amounts not received from an Advertiser, those amounts shall not be included in the Minimum Balance AmountYour recourse for any earned Payouts not paid to You shall be to make a claim against the relevant Advertiser, and CJ disclaims any and all liability for such payment Thus, CJ was not obligated to make such payments, and this payment dispute should have been handled between you and the advertiser directly Despite the above, CJ has contacted the advertiser regarding the payment dispute, and the advertiser will be making payments owed to CJ and you by the end of the week If you have any further comments or questions regarding this matter, please reach out to the advertiser directly Sincerely, [redacted] Counsel & Manager of Legal Affairs
Dear MrWarders: Commission Junction, LLC (“CJ”) reaffirms its position expressed in the previous response, and CJ maintains its stance that your account was rightfully terminated for breaching the Publisher Services Agreement (the “PSA”) CJ’s primary claim is not that you used popunders, but that you used “Adoori,” a platform that is noncompliant with CJ’s policies As you know, “Adoori” is also associated with “Clicksor,”which is a banned/prohibited third party promotional platform in the CJ network Further, even if “Adoori” was a compliant platform, you failed to disclose this to CJ, as required in Section 2(e) of the PSA, which states that you "must fully and accurately disclose your use of a third party technology ” Thus, CJ rightfully terminated your account for breach of the PSA With regards to reactivating your account, CJ’s policy is that once a publisher is removed from the CJ network for non-compliance, that publisher is not eligible to rejoin the platform Per Section 6(a) of the PSA, if the PSA "is terminated based upon your breach, you shall not be eligible to enter into a new click-through Publisher Service Agreement with CJ, and any attempt to do so shall be null and void.” Therefore, CJ has no obligation to reinstate your account, and your account will remain deactivated until further notice Sincerely, N [redacted] Counsel & Manager of Legal Affairs Attn: Legal Affairs
Dear Mr [redacted] It has come to my attention that your account with Commission Junction LLC (“CJ”) was recently deactivated on April 4, CJ maintains its stance that your account was rightfully terminated pursuant to the CJ Publisher Service Agreement (“PSA”), which you agreed to when you created your free CJ publisher account on October 10, Per Section 6, Term, Termination, Deactivation and Notices, CJ may terminate any publisher account for any reason, in “CJ’s sole discretion”, by providing the publisher with at least days’ notice of termination Because of concerns regarding the legitimacy of traffic and transactions your site was generating, CJ’s Network Quality team (“NQ”) investigated your account Despite these concerns, NQ decided to approve and payout the commissions you earned; however, NQ determined that your account should be terminated Pursuant to Section of the PSA, CJ provided you with notice of termination on March 20, 2016, and days later, your account was rightfully terminated Ultimately, your account was rightfully terminated pursuant to the terms of the PSA You are directed to immediately refrain from filing a court claim or pursuing any other legal action, as CJ has acted within its contractual rights under the PSA CJ reserves all its rights in this matter Nothing in this response is intended to waive CJ’s rights, all of which are expressly reserved My best, [redacted] Counsel & Manager of Legal Affairs
Complaint: I am rejecting this response because: Hello Cj, you have made a claim of me utilize clicksor/adoori but specifically assuming that I use pop undersThe brand does offer that as a promotional method buy mt website has utilized banner promotions / ads as our promotional method which is also offered by clicksor/adooriYour brand has not been proven that I am using pop undersWe can provide proof of our banner promotions / adsPlease further look into thisThanks Regards, O [redacted]
Complaint: 11483873 I am rejecting this response because: Thank you for your response. I have been trying to get an answer from CJ about our commissions for 4 months and not until I opened a complaint with the BBB we received a notification that our commissions are being paid this month. I understand you cannot pay commissions if the advertiser has not funded the account but this was NOT the issue, the issue is that you ALLOW the advertiser to continue with their campaign without funds for Months which can cause loses for the affiliates that spend time and money promoting their content. Your company has the obligation to protect your affiliates from advertisers that don't fund their account, specially if they have not done it for months at a time. Before I close this case I want confirmation that your company will change (or address) current practices when advertisers stop funding their accounts to protect the work done from the affiliates. We need assurance from your company that this will not happen again in the future since we cannot contact the advertiser directly and we have made CJ aware of this. The advertiser has made it clear that any commissions inquiries have to be directed to CJ as your company is the one that pays them and they have nothing to do with it (As per [redacted] from [redacted] at (###-###-####) Ext 573) Regards, [redacted] ***
On August 27, 2015, Commission Junction, Inc., a Conversant Company (“CJ”), informed you that your publisher account is under investigation for potentially fraudulent activity CJ maintains its stance that your August commission was rightfully withheld pursuant to the CJ Publisher Services Agreement (the “PSA”), which you agreed to when you created your free CJ publisher account on April 15, Responding to allegations from you advertiser, the CJ Network Quality team is currently investigating your account for possible fraudulent traffic and are awaiting a quality check report from your advertiser regarding this traffic Under PSA Section 2(b), Use of Links, a publisher represents and warrants that it uses “ethical and legal business practices” and will “comply with the Advertisers’ Program Terms” and the PSA Further, CJ must review and approve all publisher promotional activities, and the CJ Network Quality team has the right to deactivate or terminate a publisher’s account for “any suspected fraudulent, abusive or otherwise illegal content or activity.” Per PSA Section 6(a), Term, CJ has the right to withhold Payouts while a publisher’s account is under investigation Further, under PSA Section 1(d)(ii), Non-Bona Fide Transactions, a publisher “shall not earn Payouts for non-bona fide Transactions.” Therefore, while this investigation is underway, CJ has the right to suspend your account and withhold any payment that may be a result of fraudulent activity The CJ Network Quality team will inform you of its decision once the investigation is complete If CJ deems that your promotional activities are inappropriate and a material breach of the PSA, your account will be terminated, and your payment will be returned to your advertiserIf the investigation and quality check find no fraudulent activity, the August payout will be included in the September payout, including whatever else has been locked and closed since the August payout Sincerely, N [redacted] Counsel & Manager of Legal Affairs
Complaint: I am rejecting this response because although CJ stated in their message that their Network Quality team "decided to approve and payout the commissions we earned", we did not receive all of the commissions we earned before our account was deactivated on April 4, 2016.We have attached a file obtained from CJ on April 3, (prior to the account deactivation) It contains a list of all transactions with CJ and showing a total commission of $11,096.89.As of today we have only received $from CJ The remaining amount $10,was never receivedRegards, [redacted] ***
Dear MrH [redacted] Commission Junction, LLC, a Conversant company (“CJ”), maintains its stance that your account was rightfully terminated and your commissions were rightfully reversed to your advertisers pursuant to the CJ Publisher Services Agreement (“PSA”) and the CJ PayPerCall Terms of Use (“TOU”) Specifically, your account was deactivated as a result of breaching Section 1(d)(ii) and of the PSA and Section of the TOU As explained in the previous correspondence, your commissions were rightfully reversed and your account was terminated for non bona fide transaction, pursuant to PSA Sections 1(d)(ii) and Section (6), respectively Also, per Section of the TOU, you agreed that the commissions you may be paid would vary and be determined by a variable of factors such as the quality of the call as determined by [Your] advertiser and/or CJ Further, commissions generated from calls that do not meet reasonable quality standards, as determined by CJ, may be reversed in CJ’s sole discretionThe fact remains that you have breached the PSA and TOU by engaging in fraudulent activity regardless of the ratio of bone fide calls to fraudulent callsThe recording we attached in our last correspondence is sufficient in itself to terminate your account per Section 6(c), which states that any breach of the PSA is cause for immediate terminationThis is a precaution we make in order to deter publishers from engaging in further fraudulent activity and is a matter we do not take lightly In regards to your Paychex calls dating back from December 2015, the CJ Network Quality team has determined another example of fraudulent behavior because the caller engaged with the representative appears to be the same person continuously reiterating information, requesting for information to be sent to him for review or requests for a local contact to reach himTherefore, the non-bona fide transactions have been charged back as a result of the termination of your account and your commissions were rightly withheld In sum, CJ has acted within its rights under the PSA and TOU, and if you choose to pursue this matter in court, CJ will vehemently oppose the action and seek to collect attorney’s fees Sincerely, N [redacted] Counsel & Manager of Legal Affairs
Dear MrF [redacted] , We apologizes for the inconvenience this has caused For direct customer support, please call ###-###-####, which is available 6AM – 5PM Pacific Time You can also email the CJ Affiliate Support Center at [email protected] To manually change your password, please log onto your account and navigate to the “Account” tab From there, select the “Users” from the drop down menu On that page, you can make the update by selecting the pencil icon to the far right of your username You will then be prompted to enter in your current login details and then be given access to make all necessary changes Thank you, N [redacted] Counsel & Manger of Legal Affairs
Complaint: I am rejecting this response because: Thank you for your messageWe will contact the advertiser about the funds that they decided to withholdHowever, we will need the advertiser's name, address, and contact information We will also need the precise amount of the commissions that we earned but were not paid by CJ because they were withheld by the advertiser, together with an itemized list of all affected transactions (including dates, order amounts, commission amounts, etc.) Thank you for your consideration on this matter Regards, [redacted] ***
Dear Mr [redacted] ***: Commission Junction, LLC, a Conversant company (“CJ”) was not obligated to pay out commissions if CJ has not yet received full payment from the advertiser, pursuant to the CJ Publisher Services Agreement (the “PSA”), which you agreed to when you created your free CJ publisher account on July 25, Under the PSA, Section 3(e), Facilitating Payment of Payouts, states the following: CJ shall have no obligation to make payment of any Payouts for which CJ has not received payment from the relevant Advertiser of all monies due to CJ (including for all Payouts owed by such Advertiser to all of such Advertiser’s Publishers)You agree that CJ has the right, but not the obligation, to seek on behalf of you any and all amounts due from Advertisers, including, but not limited to PayoutsIf CJ elects, in its own discretion, not to make payment to You for amounts not received from an Advertiser, those amounts shall not be included in the Minimum Balance AmountYour recourse for any earned Payouts not paid to You shall be to make a claim against the relevant Advertiser, and CJ disclaims any and all liability for such payment Thus, CJ was not obligated to make such payments, and this payment dispute should have been handled between you and the advertiser directly Despite the above, CJ has contacted the advertiser regarding the payment dispute, and the advertiser will be making payments owed to CJ and you by the end of the week If you have any further comments or questions regarding this matter, please reach out to the advertiser directly Sincerely, [redacted] Counsel & Manager of Legal Affairs
Dear MrWarders: Commission Junction, LLC (“CJ”) reaffirms its position expressed in the previous response, and CJ maintains its stance that your account was rightfully terminated for breaching the Publisher Services Agreement (the “PSA”) CJ’s primary claim is not that you used popunders, but that you used “Adoori,” a platform that is noncompliant with CJ’s policies As you know, “Adoori” is also associated with “Clicksor,”which is a banned/prohibited third party promotional platform in the CJ network Further, even if “Adoori” was a compliant platform, you failed to disclose this to CJ, as required in Section 2(e) of the PSA, which states that you "must fully and accurately disclose your use of a third party technology ” Thus, CJ rightfully terminated your account for breach of the PSA With regards to reactivating your account, CJ’s policy is that once a publisher is removed from the CJ network for non-compliance, that publisher is not eligible to rejoin the platform Per Section 6(a) of the PSA, if the PSA "is terminated based upon your breach, you shall not be eligible to enter into a new click-through Publisher Service Agreement with CJ, and any attempt to do so shall be null and void.” Therefore, CJ has no obligation to reinstate your account, and your account will remain deactivated until further notice Sincerely, N [redacted] Counsel & Manager of Legal Affairs Attn: Legal Affairs
Dear Mr [redacted] It has come to my attention that your account with Commission Junction LLC (“CJ”) was recently deactivated on April 4, CJ maintains its stance that your account was rightfully terminated pursuant to the CJ Publisher Service Agreement (“PSA”), which you agreed to when you created your free CJ publisher account on October 10, Per Section 6, Term, Termination, Deactivation and Notices, CJ may terminate any publisher account for any reason, in “CJ’s sole discretion”, by providing the publisher with at least days’ notice of termination Because of concerns regarding the legitimacy of traffic and transactions your site was generating, CJ’s Network Quality team (“NQ”) investigated your account Despite these concerns, NQ decided to approve and payout the commissions you earned; however, NQ determined that your account should be terminated Pursuant to Section of the PSA, CJ provided you with notice of termination on March 20, 2016, and days later, your account was rightfully terminated Ultimately, your account was rightfully terminated pursuant to the terms of the PSA You are directed to immediately refrain from filing a court claim or pursuing any other legal action, as CJ has acted within its contractual rights under the PSA CJ reserves all its rights in this matter Nothing in this response is intended to waive CJ’s rights, all of which are expressly reserved My best, [redacted] Counsel & Manager of Legal Affairs
Complaint: I am rejecting this response because: Hello Cj, you have made a claim of me utilize clicksor/adoori but specifically assuming that I use pop undersThe brand does offer that as a promotional method buy mt website has utilized banner promotions / ads as our promotional method which is also offered by clicksor/adooriYour brand has not been proven that I am using pop undersWe can provide proof of our banner promotions / adsPlease further look into thisThanks Regards, O [redacted]
Complaint: 11483873 I am rejecting this response because: Thank you for your response. I have been trying to get an answer from CJ about our commissions for 4 months and not until I opened a complaint with the BBB we received a notification that our commissions are being paid this month. I understand you cannot pay commissions if the advertiser has not funded the account but this was NOT the issue, the issue is that you ALLOW the advertiser to continue with their campaign without funds for Months which can cause loses for the affiliates that spend time and money promoting their content. Your company has the obligation to protect your affiliates from advertisers that don't fund their account, specially if they have not done it for months at a time. Before I close this case I want confirmation that your company will change (or address) current practices when advertisers stop funding their accounts to protect the work done from the affiliates. We need assurance from your company that this will not happen again in the future since we cannot contact the advertiser directly and we have made CJ aware of this. The advertiser has made it clear that any commissions inquiries have to be directed to CJ as your company is the one that pays them and they have nothing to do with it (As per [redacted] from [redacted] at (###-###-####) Ext 573) Regards, [redacted] ***
On August 27, 2015, Commission Junction, Inc., a Conversant Company (“CJ”), informed you that your publisher account is under investigation for potentially fraudulent activity CJ maintains its stance that your August commission was rightfully withheld pursuant to the CJ Publisher Services Agreement (the “PSA”), which you agreed to when you created your free CJ publisher account on April 15, Responding to allegations from you advertiser, the CJ Network Quality team is currently investigating your account for possible fraudulent traffic and are awaiting a quality check report from your advertiser regarding this traffic Under PSA Section 2(b), Use of Links, a publisher represents and warrants that it uses “ethical and legal business practices” and will “comply with the Advertisers’ Program Terms” and the PSA Further, CJ must review and approve all publisher promotional activities, and the CJ Network Quality team has the right to deactivate or terminate a publisher’s account for “any suspected fraudulent, abusive or otherwise illegal content or activity.” Per PSA Section 6(a), Term, CJ has the right to withhold Payouts while a publisher’s account is under investigation Further, under PSA Section 1(d)(ii), Non-Bona Fide Transactions, a publisher “shall not earn Payouts for non-bona fide Transactions.” Therefore, while this investigation is underway, CJ has the right to suspend your account and withhold any payment that may be a result of fraudulent activity The CJ Network Quality team will inform you of its decision once the investigation is complete If CJ deems that your promotional activities are inappropriate and a material breach of the PSA, your account will be terminated, and your payment will be returned to your advertiserIf the investigation and quality check find no fraudulent activity, the August payout will be included in the September payout, including whatever else has been locked and closed since the August payout Sincerely, N [redacted] Counsel & Manager of Legal Affairs