Fiverr Fail That Turned Out Perfectly


A few months ago I decided to send out some treats to members and friends of Sunshine Rewards. My plan was to put together a small packet of summer-themed goodies and include a handwritten note for each person. I wanted a card that truly represented Sunshine Rewards (and me), so I didn’t want something straight out of Hallmark. Instead I decided to try Fiverr.

My plan was to give the exact same instructions to 3 different designers and then use whichever design I ended up liking best. Ashleigh spent quite awhile pre-screening designers to narrow it down and we felt pretty confident about the 3 we ended up with. I knew I wouldn’t love them all, but I was not at all prepared for what I received.  Here are the EXACT instructions I gave:

Greeting card graphic with the following message

Wishing You a Summer Filled with Sunshine

somewhere on it as well as


Would like something like a person smiling and holding our logo (hand drawn person or graphic-based). I like the “bursts” at the top and bottom of this card:

And this is the first result that I got:

My Fiverr FailNow you might have to look at it twice to catch it. I’ll sit here while you go look at the image again….

Find it? Yep. “Somewhere On It As Well As.”

Looking back at my instructions, I guess I should have been more clear. On the flip side, I ended up with a result from another designer that I loved so much I almost cried. So apparently SOMEONE understood me. And the 3rd designer sent me something passable but not nearly as perfect as the 2nd.

In all fairness, the first designer asked if I wanted changes or corrections made. I could have pushed back. But it made a better story to keep it this way, and I was already starting production of the cards from the 2nd design. So I just let it go. I ended up paying the 2nd designer an extra $15 for a few tweaks and a .psd copy of the image so I can modify and use it in the future. In the end, it cost me $30 for a custom designed card that I really loved, which isn’t too bad. I would still recommend Fiverr for things like this, but with the caveat to be VERY careful how you phrase your request!

Want to see the final card? If you know me, you know it couldn’t get more perfect that this.


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Blogger Involved in FTC Lawsuit for Failure to Disclose

FTC Amberen LawsuitI was really excited about turning 40 because I kept hearing commercials on XM Radio about this terrific product specially made to help women 40 and over lose weight through balancing their hormones. Sadly, a little over a week before my 40th birthday, my bubble was burst when I saw that the FTC had filed a lawsuit against the company who markets the product, Amberen, for misleading claims. But it’s a good thing that I was paying attention to the product because it turns out that the suit actually may have an impact on performance based marketing because a blogger was involved.

Basics of the Case

Amberen is a dietary supplement. The FTC alleges that Lunada Biomedical (who markets and sells Amberen) engaged in “unfair or deceptive acts or practices” in the way that it marketed the product in the U.S. Specifically, they claimed that Lunada made unsubstantiated claims about weight loss and other health benefits of Amberen and misrepresented the findings of medical studies. In addition the “risk free trial” claims were false.

Carol’s Blog

One of the places that Amberen was marketed was through various websites including “Carol’s Blog” ( Carol was actually the president of “International Marketing Company” (presumably an agency) and not only agreed to write a blog that would promote them but would also appear in some of their other advertising. Carol was paid a flat rate of $2,000 per month plus various other fees and reimbursement costs.

According to the suit, the blog “appeared to be a personal account of [Carol’s] experiences with menopause, written in the first person and featuring [Carol’s] name and photo.” There was no disclosure on the site that Carol was being paid to promote Amberen on the blog.

The FTC claims that Lunada “failed to disclose, or disclose adequately, that certain of the consumer endorsers…had paid relationships with Lunada or were compensated in connection with their endorsement” and that the relationship would be “material to consumers in deciding whether to purchase Amberen.”

What Does This Mean for Affiliate Marketing?

Although Affiliate Marketing is not directly implicated in this case because Carol was paid a flat rate rather than on a performance basis, there are definitely some interesting things we can pull out of this case.

Note: These are all my opinions! Although I am a lawyer, none of them should be used as legal advice. They are merely my observations based on my studies of the law and my knowledge of blogging and affiliate marketing.

  • Merchant is once again held liable. In this case, even though the blogger is mentioned throughout the case and plays a part in the majority of the “deceptive practices,” the company producing and marketing the company is the one being sued by the FTC. I have not seen anything to indicate that Carol is being sued.
  • The blogger’s name is now associated with deceptive practices. Even though the blogger was not named in the suit, her name and her company are now showing up in search results related to FTC lawsuits. As bloggers, all we have are our reputations. Once you are associated with something like this, it’s almost impossible to make it disappear online.
  • Disclosure standards reiterated. The court specifically referred to “failed to disclose” and “material relationship.” These are the words that we are consistently seeing in the Guidelines from the FTC and any similar suits. They should be the basis of your own disclosure standards whether you are a merchant, an OPM, or a blogger.
  • Material to consumers. In this case, the FTC believes that Carol’s personal style of blogging (and perhaps her status as a nurse?) were enough to convince people to buy the Amberen. This is important when it comes to determining when something would be considered an endorsement that would convince someone to make a purchase based on your recommendation.
  • Agencies are likely liable. Lunada acted as both the distributor AND the marketing company in this case. In our lingo, that means they were both the merchant and the affiliate manager. They started the relationship with Carol. They gave her content ideas and reviewed the posts on her site. It’s the obligation of the merchant (or their agent) to monitor the content AND the disclosure for compliance.

Resources: For more information about the case, you can read the FTC release that summarizes it or the full complaint including exhibits. Although the blog is no longer online, you can see it using the Wayback Machine. Read more of my analysis of the .com Disclosures and how they apply to affiliates.

Have you as a blogger, merchant, or OPM taken steps to make sure that you are complying with the FTC Guidelines? Or are you weighing the risks and deciding that it is not likely you would be sued anyway?

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Quick Check to See If Your Site is Mobile Friendly

Is My Site Mobile Friendly

Everyone is talking this week about Google’s threat to change their algorithms to start penalizing sites that are not mobile friendly. I started getting emails to my Webmaster account several months ago about the need to update my sites. Some sites we were already working on but others we were a long way from touching.

If you want to know if your site is mobile friendly, Google will be happy to tell you. Just go to their Mobile-Friendly Test page and put in your site. You will get the response above “Awesome! This page is mobile-friendly.” if you have done a good job. If you haven’t, you will get the response below that details what your problems are and some ideas of how to fix them.

Not Mobile Friendly


Interestingly, you can actually look on a page by page basis rather than just your entire domain. For example, my site Sunshine Rewards was re-designed to be responsive, but we have not paid to upgrade our Vbulletin forum. So our forum shows up as “Not mobile-friendly” when I run the test on it, even though the rest of the site is fine. It will be interesting to see if Google is really going to change on a page by page basis or rather will penalize the entire domain. (We’re working on it!!)

So what if you have a bunch of old blogs and don’t have the time or money to upgrade them all quickly? One suggestion is to install the WP-Touch plugin. It will make your pages instantly mobile-friendly. I installed in across 3 different blogs in less than 10 minutes. It is not a perfect solution, but it does solve the problem for now until I have time to completely upgrade my themes (I’m switching from Thesis to Genesis).

Once you install WP-Touch or upgrade your theme or whatever and have run it through the Google check to make sure that Google thinks it is okay, it’s a good idea to test some interactions as well. There are some really great Chrome Extensions you can use to bring up your site the way that it would behave on various phones and tables. I like both Mobile/RWD Tester and Responsive Web Design Tester. I am sure that there are a lot of other similar ones.

Are your sites all ready for the big algorithm update? What have you done to upgrade them or what (if anything) are you planning on doing? 

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Need a Mailing List? Aweber Free Trial

Aweber Free Trial

I’ve been using Aweber for my mailing lists across many of my sites for a number of years. I have an internal list processor that I use for Sunshine Rewards (combined with Mandrill for delivery), but I use Aweber for everything else. I know a lot of affiliates and bloggers go back and forth on which newsletter companies to use, but here are some of the reasons that I keep my list on Aweber.

Customer Service

I won’t lie and say that I haven’t had any problems at all with my newsletters. When I have had problems, Aweber has given me MULTIPLE ways to contact them. I’ve talked to them via email, on Twitter, and even on the phone when I was really having problems. When I am paying for a monthly service, I want to be able to get in touch with someone to get my problems resolved! So far, they have helped me resolve every problem that I have had.

Affiliate Marketing

Aweber is a pretty integral part of the affiliate marketing community. Their terms (unlike some other newsletter providers) do not exclude affiliate marketers. In fact, they exhibit and speak at Affiliate Summit, have their own internal affiliate program, and even allowed me to moderate a panel on affiliate marketing at their first conference last year (ASCEND Summit). When affiliate marketing is your business, it’s good to have partners that understand as much about it as you do.


I’m not alone in my love of Aweber. I see so many of my friends using them and when I ask other people what they use, Aweber is one of the top 2 or 3 that always get mentioned. The ones who do NOT use Aweber usually say it is because their list was not double opt-in. But Aweber has done away with the requirement that imported lists be double opt-in. So I bet even more people will now be switching.


I’m not incredibly high tech, but I have some high tech demands for my sites. I need WordPress integration, widgets, light boxes, blog broadcasts, and more. In fact, I even found a way to turn my deal posts in my VBulletin forum into an RSS feed that is now a Daily Deal email on Sunshine Rewards. Talk about repurposing content! (You can see how I did that in my post Combine Tools to Streamline Work and Reach Customers.) I also like the archive pages for my newsletters and the ability for them to be shared easily.


When I started out, my lists were VERY small. It was nice to be able to pay a small monthly fee when I wasn’t making much off of my lists. As my lists have grown, I have not moved up very much in my monthly fee but I have been able to really expand to offer multiple lists for different sites. I can control my costs by deleting out unsubscribes, undeliverables, and people who just aren’t interacting with the emails (especially for my niche sites where I use contests to generate signups).

And what is the very best price? Free!! Because that is how much their trial is now. You can sign up for free and get in there and really get your hands dirty seeing what it can do for you. You actually get an entire month free (which is longer than a lot of free trials these days). Or you can take an even bigger discount by getting a whole quarter for only $32.67 (versus $49).

So what are you waiting for? Jump in there and grab your free trial and see if Aweber is the email marketing solution for you.

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What Do You Do With Zero Commission Rates?

In the last couple of days 2 different big brand merchants have announced that they are setting their program terms to 0% commission. Leapfrog is turning off their entire program so the 0% is a stop gap until people have time to remove their links. However, The Children’s Place is simply “out of budget” for the time being and promises to return affiliates to the regular rates hopefully in April. ToysRUs and BabiesRUs recently also “ran out of budget.” It happens!

What’s an affiliate to do when they get a notice like this?

First, I hope that you are already using link redirects. I’ve mentioned them so many times before and this is a perfect time to be using them. I use Pretty Link on my blogs and an internal script on Sunshine Rewards. By changing one link on the back end, I can change the links across my whole site to redirect them somewhere else. It’s a lifesaver in case where a merchant changes networks but can also be used in times like this.

But should you redirect your links?

For a site like SR, I will absolutely turn off a merchant completely because I am not going to send them free coupon/cash back traffic. And I can easily just deactivate the merchant on my site through my administration panel so that their page disappears. That’s pretty much the best solution with sites like that.

What about blogs?

This gets tricky. If you wrote a purely promotional post about a sale at The Children’s Place and you leave your links active, you will be sending them traffic and they will not be paying for it anymore. What a boon for them! And a bust for you. From a financial standpoint, it’s dumb to let them have the free traffic.

But you’ve got your audience to think about. What happens when your reader click on your link and it takes them to a dead page or a merchant they didn’t expect? You might lose credibility. In that case, you are better off leaving the links as is. And of course the merchant knows that and is hoping for that. If the merchant closes the program completely like Leapfrog, you may just want to put in a direct link to their site. If the program is going to be at 0% for an indefinite amount of time, you can just leave the affiliate link.

If you have a page of niche product recommendations that you can remake easily (for example just taking them out of your PopShops search results or creating a new Make a Page quickly with ShareASale merchants), you can keep your content but recommend other products. That’s the best-case scenario for a page like that, even if it does mean some extra work on your part. Just change any mentions of the merchant entirely and pick products from a different merchant.

Which Is the Best Option?

You know your audience better than anyone else (or at least you should). Depending on how much traffic you are getting to the posts versus how much money you make off of them versus what alternative merchants you can switch to, you at least have some options. As affiliates we HATE getting these types of notices, but it’s just part of the business and we have to figure out how to roll with it for our particular sites. It hurts worst when it is a brand that is hard to replace (like Children’s Place) because you can’t get the same items anywhere else (unlike Leapfrog).

What do you do when a merchant sets your commission to 0%? Will you trust them again later and eventually put their links back up? Or will you refuse to work with them again even if they reset them?

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