In April 2008 the State of New York inserted an item in the state budget asserting sales tax jurisdiction over Amazon.com sales to residents of New York, based on the existence of affiliate links from New York–based websites to Amazon. The state asserts that even one such affiliate constitutes Amazon having a business presence in the state, and is sufficient to allow New York to tax all Amazon sales to state residents. Amazon challenged the amendment and lost at the trial level in January 2009. The case is currently making its way through the New York appeals courts.
For sites looking to monetize their existing traffic through affiliate marketing, a major determinant of success is picking the right offers to run. The difference in earnings from a bad offer and a good one can be enormous. Unfortunately, finding the “right” offer isn’t exactly easy; if you’re using an affiliate marketing network such as Commission Junction (now part of Conversant), SharesASale, or LinkShare, you will have literally thousands of affiliate offers available to you.