Mehmet v. eBay and eBay Partner Network (ePN)

2009 July 2
by admin

Mehmet v. eBay (Breach of Contract)

eBay had solicited individuals to join its eBay affiliate network via Commission Junction where eBay would then pay a commission for buyer referrals to its eBay website. eBay released Commission Junction and initiated its own administrative website of its affiliate program called eBay Partner Network. eBay then locked multiple individuals out of its affiliate network after they spent a considerable amount of  time and money to promote eBay.  For example, I purchased about 50 domain names, hosting accounts and created about 50 eBay referral websites that were sending buyers to eBay. eBay failed to provide notice or a reason why it breached its contract with these individuals. eBay then failed to pay owed commissions on the buyer referrals nor did it compensate the individuals for their time and money. Furthermore, eBay has banned affiliates out of their eBay Partner Network accounts based on false reasons prior to eBay paying their earned commissions. In addition, eBay Partner Network conceals information on the boundaries of its contract with affiliates who are then unaware of how to avoid a breach. eBay Partner Network then takes advantage of this concealment to ban affiliates who suffer losses. eBay then keeps the commission payments.

The lawsuit against eBay and eBay Partner Network will be filed within California and it will  be based on a breach of contract, deceptive and unfair business practices. Injunctive relief will also be requested.  If you are interested in joining a class-action lawsuit in this matter, please send your emails to Badisse@Badisse.com.

The comments section above contains a copy of an email sent to affiliate members from eBay refusing to grant them access to the eBay Partner Network and failing to give them a reason why it refused them access when they had a valid contract with eBay.

4 Responses leave one →
  1. 2009 July 7
    admin permalink

    eBay sent the following email to affiliate members. Notice how eBay fails to disclose the reason why it breached its contract with affiliate members. Affiliate members who were already part of the affiliate program had a valid contract with eBay (To register as an affiliate, an individual had to register on eBay and Commission Junction and get approved. Thus, a valid contract was formed). The affiliate members spent time and money to promote eBay. In addition, eBay continued to receive affiliate buyer referrals after it terminated the contracts and failed to pay out these commissions.

    “Thank you for contacting us regarding your rejected application.
    I’d like to inform you that eBay Partner Network (and each eBay Advertiser) may use different criteria to accept affiliates. In some cases these rules may differ from Commission Junction. This means that we may not accept publishers who were previously registered, and vice versa.
    We have re-evaluated your application. Unfortunately eBay Partner Network will not accept your application at this time.
    I regret to say that eBay Partner Network can not disclose the exact reasons why applications are accepted or rejected. However we do re-evaluated our criteria on a regular basis. If you’re still interested in participating in a few months, please feel free to try registering again.
    I realise this may not be the answer you’d hoped for. Thank you for your patience and understanding.

    Kind regards,
    Kurt Kelly
    eBay Partner Network Support”

  2. 2009 August 15
    Anon permalink

    Don’t drop this!! What Ebay is doing is illegal. We need to take legal action against them. I will be sending everyone here.

    Good luck.

  3. 2009 September 15

    Very nice information. Thanks for this.

Trackbacks & Pingbacks

  1. Mehmet v. eBay and eBay Partner Network (ePN)

Leave a Reply

Note: You can use basic XHTML in your comments. Your email address will never be published.

Subscribe to this comment feed via RSS