This year two affiliate marketers based in California, Shawn Hogan and Brian Dunning, pleaded guilty to defrauding eBay of at least $20 million in a scheme involving a notorious affiliate marketing tactic known as “cookie stuffing.” According to court documents, Mr. Hogan operated a network in which affiliates exchanged links and banner ads to help drive traffic to each other’s sites. The sites also agreed to host ads controlled by Mr. Hogan’s company, but in reality, these ads were cookie-stuffing devices. Users who viewed the ads had a small tracking code, or cookie, dropped on their computer. If those users went on to make a purchase from eBay, the cookie signaled that Mr. Hogan’s company was responsible — and eBay paid a commission.
(h) You will not store or cache Product Advertising Content consisting of an image, but you may store a link to Product Advertising Content consisting of an image for up to 24 hours. You may store other Product Advertising Content that does not consist of images for caching purposes for up to 24 hours, but if you do so you must immediately thereafter refresh and re-display the Product Advertising Content by making a call to PA API or retrieving a new Data Feed and refreshing the Product Advertising Content on your application immediately thereafter. Unless otherwise notified by us, you may store individual Amazon Standard Identification Numbers (ASINs) for an indefinite period until the termination of this License. Notwithstanding the foregoing, if your application includes a client application, the client application may not store or cache Product Advertising Content. Upon our request you will, within three business days of our request, furnish us with a copy of any client application that includes or uses Product Advertising Content for the purpose of verifying your compliance with this License.
Additionally, you must either include the following disclaimer adjacent to the pricing or availability information or provide it via a hyperlink, pop-up box, scripted pop-up, or other similar method: "Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product." In the above examples, "Details" and "More info" would provide a method for the end user to read the disclaimer.