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When Do Affiliates Need a License From Acacia?
Posted On 30 Oct 2003
Audio/video content is accessed via your (the affiliate’s) website by clicking on a link on your site and audio/video content is transmitted and received. This is true regardless of whether the content is provided or hosted by a content provider or sponsor that is licensed by Acacia.Affiliates (Webmasters that send traffic to sponsors) need a license from Acacia if:
Audio/video content is accessed via your (the affiliate’s) website by clicking on a link on your site and audio/video content is transmitted and received. This is true regardless of whether the content is provided or hosted by a content provider or sponsor that is licensed by Acacia. The content provider agreements and sponsor agreements do not cover the use of Acacia’s technology in connection with your website. This is the case even if the sponsor gives you the content for free or hosts it for you.
OR…
If you send traffic to sponsors that offer audio/video content and the sponsors do not have a license with Acacia.
Affiliates do NOT need a license from Acacia if:
You send traffic to sponsors that offer audio/video content and that have licenses with Acacia, provided that you do not offer audio/video content that is accessed via your website.
The rules are the same for both free and subscription affiliate websites.
In addition, here are five FAQs asked and answered:
1. If my sponsor has a license from Acacia, isn’t it a “double dip” to also collect from me?
Answer: If your sponsor has a license with Acacia, you are only required to get a license from Acacia if you provide access to audio/video content via your website. The act of providing access to audio/video content via your website is a separate infringing act for which Acacia is not collecting a royalty from the sponsor. This infringing activity is not covered by the Sponsor’s License Agreement.
2. If I have a free site, how will royalties be calculated?
Answer: If audio/video content is not accessed via your website, royalties will only be based upon revenues that you receive from sponsors that do not have licenses with Acacia. If audio/video content is accessed from your site, royalties will be based upon revenues that you receive from all sponsors.
3. If I have a TGP affiliate site with no audio/video content, how could I be liable for infringement?
Answer: By sending traffic to sponsor sites that are using Acacia’s audio/video technology without a license, you are potentially liable for infringement. If the sponsor has a license with Acacia, your infringing activity is covered by the Sponsor’s License Agreement.
4. What if I send traffic to some sponsors that have licenses with Acacia, and others who do not?
Answer: If audio/video content is not accessed via your website, royalties will only be based upon revenues that you receive from sponsors that do not have licenses with Acacia. If audio/video content is accessed from your site, royalties will be based upon revenues that you receive from all sponsors.
5. What if one of my sponsors ends up getting a license with Acacia after I sign my own license agreement?
Answer: From the time that the sponsor’s license is effective, you will no longer have to pay royalties on revenues that you receive from that sponsor.
* All information in this article was supplied by Acacia and edited by YNOT NEWS.
If people have additional questions on the topics covered above, or any other topic, they are welcome to email Acacia at info@acaciaresearch.com or call them at 949-480-8300. As long as they handle themselves in a professional manner, Acacia will do their best to answer their questions and accommodate their concerns.
