When Merchants Lose the Plot

The following is an part of an updated merchant TOS I got this week, talk about losing the plot …

Partner agrees that it shall not use trademark
and registered names in the title or body text of any listing,whether
paid for or not, which will cause affiliate’s listing to return at the
top of a query string when user is searching on <snip> trademark,
registered or personality names is also not permitted. (example:
Froogle Google). Partner understands Product Partners and <snip>
will not pay commissions to an affiliate who breaches this agreement.

I get not wanting your affiliates to outrank you for your product, but I think you would want them backing you up instead of say your competitors or people saying less than favorable things about you …

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