I moved from New Jersey to Texas four years ago for a variety of reasons.
One of my concerns was that they would pass legislation that made it difficult or impossible to do my work as an affiliate marketer.
Well, it took longer than I expected, but the state of New Jersey enacted New Jersey legislation (A.B. 3486, P. L. 2014, c. 13) on June 30, 2014.
And affiliate marketers in the garden state are already getting booted from affiliate programs.
Here are details of the legislation…
The legislation creates a rebuttable presumption of nexus when a seller makes sales of tangible personal property, specified digital products or services via a commissioned independent contractor who directly or indirectly refers potential customers, by a link on an Internet website or otherwise, to the seller. For this provision to apply, cumulative gross receipts from such sales must be in excess of $10,000 during the preceding four calendar quarterly periods. This presumption is rebuttable by proof that the independent contractor or representative did not engage in any solicitation in New Jersey on behalf of the seller that would satisfy constitutional nexus requirements.
This provision applies to sales made, services rendered, and uses occurring on or after July 1, 2014.