Recent 'Settlements'

Commission Junction Settlement

Wednesday, August 13th, 2008

Commission Junction, which was founded in 1998, is an online advertising company aimed at the affiliate marketing industry. It is the world’s largest affiliate network with over 1,500 customers which include Buy.com, Home Depot, Circuit City, and Yahoo! It was acquired by ValueClick in October 2003.

However there is a class action settlement against ValueClick, Inc. If you were a member of the Commission Junction or Be Free affiliate marketing networks, you may be a class member of this settlement.

The settlement claims that ValueClick, Inc. filed to monitor the use of third party software on Commission Junction that violated their publisher Code of Conduct. The fact that ValueClick allowed adware/theftware provides in their network may have stole commissions from other legitimate network publishers.

There has been $1,000,000 set aside to settle the case out of court. ValueClick is offering to pay eligible publishers a share that would equal their share of revenue generated during the time frame mentioned in the lawsuit. Publishers who do not take action will be automatically assigned a credit. Those wishing to take further legal action will have to opt out of the settlement and pursue their claims through the court on their own.

ValueClick has put aside $1,000,000 as a fund to settle the case out of court and is offering to pay all eligible publishers a share of that fund commensurate with their share of the revenue generated across the network at the time. By not taking action, publishers are automatically going to be assigned a credit. Those who do want to take further action can opt out of the settlement and pursue their claims through the court system individually.

The proposed settlement will resolve claims that Defendants failed to adequately monitor Commission Junction’s Network for the use by third parties of software that does not comply with Commission Junction’s (“CJ”) Publisher Code of Conduct and that is intended to steal or divert commissions from publishers on CJ’s network (“Non-compliant Software”), failed to adequately monitor or prevent third parties from engaging in the theft or “hijacking” of commissions from Advertisers and Publishers on CJ’s Network, and failed to make sufficient disclosures regarding the existence of Non-compliant Software and commission theft, resulting in losses to both advertisers and publishers on the CJ Network.

The proposed settlement will provide a monetary recovery to eligible class members. For class members that currently maintain an account on the CJ Network will receive payment through payments or credits deposited or applied to their CJ accounts; eligible class members that no longer have accounts on the Commission Junction Network will receive a check for an equal amount.
If you are a member of the class, your legal rights are affected by whether you act or do not act. You should review the Settlement Notice as soon as possible as there are several important deadlines that you must meet to take certain actions in connection with this proposed settlement. In particular, the deadline for filing an objection or excluding yourself from the proposed settlement is September 30, 2008. For further information, please refer to the Settlement Notice.