Three-Step Approach to Stopping Unauthorized Online Sales
Unauthorized sales of products on third-party websites like Amazon is significantly impacting many businesses.
In short, we recommend a three-step program for addressing these unauthorized sellers as follows, with more details listed below.
First, a company should revise its policies, procedures and agreements to: 1) support legal claims against third-party unauthorized sellers, and 2) differentiate its products from those sold by unauthorized sellers.
Second, a company should implement a graduated enforcement system. The purpose of this system is to eliminate authorized sellers through the integration of monitoring technology, investigation, and enforcement tactics.
Third, we recommend implementing a communications strategy that: 1) demonstrates to authorized distributors that the company is protecting them (providing measureable results from the enforcement system); and 2) demonstrates that products sold by unauthorized sellers are unreliable and often do not come with certain services and benefits or do not have the quality controls that the company has established.
Creating a Foundation for Legal Claims Against Third-Party Unauthorized Sellers
Our recommended first step for companies is working with counsel to review existing distributor agreements, procedures and practices. The goal is to provide the best support possible for the enforcement program, described in step two.
Under what is known as the First Sale Doctrine, once a trademark owner (“the company”) sells a product, the buyer ordinarily can resell the product without infringing the owner’s mark. However, the First Sale Doctrine does not apply when a reseller sells a trademarked good that is materially different from the company’s genuine goods.
Case law has established a few important principles relating to material differences. This includes that: 1) the threshold of materiality is considered “low”; 2) only a single material difference is necessary to give rise to a trademark infringement claim; and 3) material differences do not have to be “physical” differences.
Courts have also held that trademark owners have the right to control the quality of their products. Thus, unauthorized sellers who do not follow a company’s quality controls can also commit trademark infringement, assuming the quality controls are not “pretextual” and that the company is actually enforcing them. Quality controls can include certain packaging, tracking codes, pre-sale consultations or storage instructions, among others.
Many companies already have strong policies, procedures and agreements established. It is just a matter of tweaking them to maximize protection against unauthorized sellers on eBay and other websites.
The Graduated Unauthorized Seller Enforcement System
Once a company’s policies, procedures and agreements are adequately in place, it is time to roll out a graduated enforcement system aimed at efficiently and effectively reducing the numbers of unauthorized sellers.
Our suggested model begins with a monitoring company finding all unauthorized sellers. Among other things, a monitoring company can rank these sellers from high- to low-volume, based on the number of client products and total products each reseller is selling.
Cease and desist letters are usually sufficient for most unauthorized sellers. However, a more aggressive enforcement approach might be necessary for sellers offering a significant number of products.
After reviewing the data from the initial monitoring report, it is ultimately up to the company who to target through the enforcement system. But because both eBay allow for the private messaging of their online sellers, this can be a low cost vehicle for sending a large number of cease and desist letters online (“eC&Ds”).
A strongly-worded letter from an outside law firm is often most effective in approaching the highest volume sellers, which might include a detailed explanation of the illegality of the seller’s activity and why the First Sale Doctrine would not apply; an explanation that courts in the company’s state will have jurisdiction over the seller; and relevant case law, including citations to prior cases in which large damages have been awarded against unauthorized sellers.
The company itself might also choose to send additional eC&Ds to low volume sellers.
After the letters are sent, the company and its enforcement team should track which sellers comply with their demands. Then, cyber investigators can investigate the identities of any sellers who do not remove the products from eBay.
Once these identities are obtained, the outside law firm can send actual cease and desist letters to the unauthorized sellers’ physical addresses, effectively communicating that: 1) the company knows who they are and where they are and, 2) should they keep engaging in unauthorized sales, that the company will pursue them legally.
This whole process can be repeated on a monthly basis, incorporating any new sellers that pop up each month. If necessary, for any sellers still online after the previous month, the attorneys can utilize additional legal tactics to put further pressure on those sellers.
Depending on the situation, this can entail sending draft complaints to the sellers; obtaining temporary restraining orders to freeze online sellers’ PayPal accounts; obtaining injunctions to order online sellers to cease selling the products; obtaining injunctions ordering the transfer of the sellers’ website domains to the client; serving subpoenas to identify still unknown sellers; obtaining court orders that can be used to de-index unauthorized sellers’ e-commerce websites from Google; filing lawsuits and negotiating with the sellers; or preparing and executing settlement agreements.
Above is an illustration of how we often structure our own graduated enforcement program. For more on this program, check out our recent white paper.
Communications Strategy
For some companies, depending on their model and distributor network, it can be effective to communicate to the authorized distributors the impact of the enforcement program.
It is helpful to educate (or remind) distributors that the company has an aggressive enforcement program. Specifically, the company can show them the data reflecting the number of unauthorized sellers eliminated from eBay (or elsewhere) and are no longer harming the business and threatening the authorized distribution channels.
About Inovtech Services
Inovtech Services a digital retail agency with significant expertise in the Amazon marketplace and unlike typical marketing agencies who will charge you thousands of dollars in fees, we earn our income by purchasing your products wholesale and then reselling them – thereby ensuring that our interests are 100% aligned with yours.
- Published in Uncategorized
How to Maximize Sales by Advertising on Amazon
Amazon makes up a massive portion of online sales. Bloomreach reports that 50% of United States shoppers start their online product search on the Amazon platform. With that volume of shoppers, there is obviously fierce competition on Amazon.
One way you can make your products stand out is through paid advertising. Amazon offers advertising through two different merchant channels:
- Sponsored Products, available through Seller Central, and
- Amazon Marketing Services (AMS), available through Vendor Central and Vendor Express.
As shown on the image to the right, shoppers actually tend to click on sponsored ads even more than they click on organic search results.
Here’s an overview of how to best advertise on the Amazon marketplace.
An Overview of PPC
The primary way to advertise on Amazon is using Pay Per Click (PPC). With a PPC advertising campaign, your products are shown to shoppers who enter specified keywords, and you pay each time one of your product ads is clicked.
PPC campaigns provide metrics to show how well your advertising campaigns are working and allow you to find your high performing keywords.
To help you get the most from your advertising budget, you will want to adjust your campaigns as they are running. If you run PPC ads incorrectly you can pay for a lot of clicks and make very few sales.
Organic Sales Increase Due to PPC
When you use PPC advertising you’ll start to see sales increase in two ways – direct and indirect.
You’ll immediately see sales that result directly from someone who clicks on your ad.
However, a significant factor in Amazon’s algorithm for organic search results is sales volume. So if your products begin to sell more (even if those sales are happening through paid advertising), they’ll begin to show up higher in the organic search results. In some instances, it is possible to use PPC to get your product to rank organically on page one, and organic sales may be enough to keep it there.
A successful PPC campaign should spend as much as possible on advertising that offers a positive ROI. You may also decide to sell at a loss in order to move your product up higher in the organic search results.
So let’s look at how to make all of this happen.
Phase 1: Optimize Your Detail Page
In order to set up a Sponsored Products ad in Amazon, you must make sure your detail page is fully optimized. This means that every part of your product detail page must be effective and relevant, including the back-end of your listing.
On your detail page:
- include relevant keywords
- enter your target audience
- select intended use for your product
- enter subject matter
Keywords are a critical part of your optimization. Throughout the process of running your Amazon PPC campaign, you will determine which keywords are the most effective. Properly selected keywords will help make your advertising profitable.
Phase 2: Let Amazon Do the Work
Start your PPC endeavors with an automatic “broad match” campaign. These campaigns allow Amazon to select keywords and bid for you.
After a grace period to get some data (usually around 3 weeks) Amazon then allows you to download the search term report to show you which keywords were profitable and which were unprofitable.
At this point, you can begin to tweak your auto campaign to exclude unprofitable keywords. Amazon’s auto campaign will be forced to look for new keywords that are not included in your list of negative keywords.
Depending on search volume for your product, you can add negative keywords approximately every 10 days for the first month, and then less frequently. This will take longer if your product has a low search volume.
Phase 3: Bid on Popular Keywords
In order to determine how much you’ll need to pay for highly competitive keywords, we recommend you start with a $10 bid and let the campaign run for two days.
The goal of this approach is to rapidly uncover ALL the potential keywords that consumers are using to find your product. Keep in mind that just because you set your bid maximum at $10/click doesn’t mean you are going to pay $10 for every click. The goal is simply to ensure that you don’t miss out on any potential keywords because your bid was too low to get impressions for that keyword.
Phase 4: Leverage Profitable Keywords
After 3 – 4 weeks, you will hopefully have a handful of profitable keywords. Now it is time to set up manual campaigns using “exact match” keywords.
You will create these using:
- any profitable keywords uncovered from your auto campaign
- keywords you suspect will work that Amazon’s algorithm didn’t uncover
At the same time, you still want to run your auto campaign. However, you should remove any keywords that were profitable and you have added to a manual campaign.
Again, depending on product search volume, you might do this every month (more often for very high volume products).
The longtail keywords you uncover in your product research will be lower volume searches, but will be less competitive and therefore a lower bid.
The goal of this ‘long tail’ approach is to find as many low-competition keywords as possible that, in aggregate, generate a large number of sales.
Phase 5: Update Product Detail Keywords
You should use the results of your auto campaign not only to create and modify your manual campaign but also to modify the keywords on your product’s detail page.
Sellers should target different types of keywords in order to have success. This idea goes past the typical broad, phrase, and exact keyword types for your listing (see image below).
You must also focus on competitor branded keywords, branded product keywords, and negative keywords. Each type of keyword has their own benefits and will either boost or restrict the amount your ad is shown and for which search terms it is shown for.
Phase 6: Using Amazon Marketing Services
Up to this point, we have been talking about advertising that is available through Sponsored Products and a Seller Central account. PPC advertising is also available with Vendor Express’ Amazon Marketing Services (AMS) in addition to Sponsored Products.
Vendor accounts are free, but typically more difficult to get – which is why the cost per click with AMS is generally lower than with Sponsored Products.
In addition to potentially lower cost advertising, AMS allows for additional advertising opportunities, some of which offer significant advantages.
Headline Search Ads
Headline Search Ads (or banner ads) show up in the top banner & link directly to your chosen URL. This can be your Amazon-branded page, or it can be an off-Amazon URL. Either way, you won’t have competitors shown on this page, which is a huge advantage.
Product Placement
Amazon Product Display Ads allow you to advertise individual products and drive traffic to the product’s detail page. With AMS, your options for placement of your product ads include the slot right below the Add to Cart button, meaning that shoppers will see your product at the moment they are making their buying decision.
This type of ad also allows you to target a specific competitor.
What Results Should I Expect?
The results you’ll see from your Amazon advertising campaigns will vary widely depending on the search volume and level of competition.
About Inovtech Services
Inovtech Services a digital retail agency with significant expertise in the Amazon marketplace and unlike typical marketing agencies who will charge you thousands of dollars in fees, we earn our income by purchasing your products wholesale and then reselling them – thereby ensuring that our interests are 100% aligned with yours.
- Published in Improve Sales
The Top 3 Risks of Ignoring Your One Star Amazon Reviews
What is one simple thing you should be doing to manage your brand’s reputation (that you’re probably not doing)?
Think back to your most recent purchase decisions. If you’re like the majority of shoppers, chances are you spent some of your time looking at star ratings or thumbing through detailed product reviews.
Over half of consumers expect responses to their online reviews, and 7 in 10 say they have changed their opinion about a brand after seeing the brand reply to a review. Consumers expect you to pay attention and reply to your negative (one and two star) reviews.
In this post we’ll cover:
- why reviews are so important (to the consumer and Amazon)
- why negative reviews are even more important than positive reviews
- what consumers expect from you when it comes to Amazon reviews
- how to manage your Amazon reviews
Consumers Trust Amazon Reviews
(Even When Shopping Offline)
As we all can attest to from personal experience, consumers continue to be more and more reliant on online reviews to help them make purchase decisions.
In particular, shoppers look to Amazon for product reviews. Although some sellers will find ways to game the system, Amazon has worked hard over the past few years to ensure their reviews are not manipulated by sellers/brands, even going so far as to file suit against websites that it alleges skew its product ratings. The end result is that consumers trust Amazon star ratings – they’re an extremely powerful form of social proof.
Even when shopping in store, shoppers frequently check prices and reviews online before making a purchase decision.
- a 2016 study showed that 39% of in store buyers read online reviews before purchases
- in 2018 BazaarVoice reported that 45% of brick & mortar sales started with an online review
These numbers underscore the importance of your products’ Amazon reviews, no matter where the final sale occurs.
Here are the top 3 risks of ignoring negative reviews on Amazon.
1. One Star Ratings Matter More Than Five Star Ratings
A Yale research paper examined the impact of online reviews on purchase decisions. While they found that a higher star rating leads to higher sales, they also found “evidence that one-star reviews have a greater impact than five-star reviews.” The researchers concluded that “the relatively rare one-star reviews carry a lot of weight with consumers. This result makes sense when the credibility of one-star and five-star reviews are considered.”
53% of customers expect a reply to their online reviews within a week
This is not the only reason you need to actively manage reviews. Consumers expect brands to be responsive.
2. Consumers Expect Brands to Respond to Reviews
Today’s consumers expect replies to reviews. Not convinced? Consider the following statistics:
- 53% of customers expect a reply to their online reviews within a week (Review Trackers, 2018)
- A 2018 BrightLocal study showed that 89% read replies to reviews
- 41% of respondents in a Bazaarvoice survey said that when a brand replies to reviews, it makes them believe the brand really cares about their customers
- Not replying may increase customer churn by up to 15% (Chatmeter, 2017)
- 7 out of 10 consumers changed their opinion about a brand after seeing the brand reply to a review (Marketing Charts, 2013)
These statistics are compelling. If you’re not actively replying to negative Amazon reviews, why not?
3. Negative Reviews Affect What Shoppers Will See & Purchase
The more 1 star reviews, the lower your overall star rating will go – especially if you haven’t built up a lot of reviews already. This is a twofold problem.
First, lower rated products are less likely to be purchased by consumers who view them.
Second, lower rated products are less likely to be shown to shoppers – Amazon wants to show higher rated products more prominently in the search results, because they know that consumers are more likely to go on to complete their purchase. They even won’t even let you run certain ads for products rated below 3.5 stars:
How to Manage Amazon Reviews
So, how should you manage reviews on Amazon?
- Ask for reviews – anyone selling your products should have an active autoresponder requesting reviews
- Remove negative reviews when you can – your team should actively remove negative reviews that violate Amazon’s Terms of Service (e.g., those that contain profanity)
- Reply to negative reviews – show all consumers that you care about, and stand behind, your products
- Analyze WHY you’re getting negative reviews – this is valuable market feedback!
We’ve found numerous reasons for negative Amazon reviews, including:
- packaging issues led to products being damaged in shipping (these types of issues led us to create custom premium packaging for Amazon for some of our brands)
- products were past their expiration dates, due to sellers not adequately managing inventory
- products that didn’t match Amazon listings
- consumers were unhappy with product quality and features
Review management is just one of the services you should expect when partnering with a 3rd party to sell your products on Amazon. While you’re at it, check out the rating on Amazon for the 3rd party as a seller – it should be 99-100%.
Conclusion
Online reviews, and particularly Amazon reviews, are important, as they drive consumer perception of your brand and therefore sales.
Negative reviews are of particular importance to shoppers, and shoppers expect brands to respond to those reviews.
Brands that appreciate the importance of Amazon reviews will have a system in place to actively generate and manage reviews.
About Inovtech Services
Inovtech Services a digital retail agency with significant expertise in the Amazon marketplace and unlike typical marketing agencies who will charge you thousands of dollars in fees, we earn our income by purchasing your products wholesale and then reselling them – thereby ensuring that our interests are 100% aligned with yours.
- Published in Brand Protection
Amazon Has a New Tactic to Fight Counterfeits
Amazon is in the midst of testing a new brand registry system designed to reassure vendors that sell on its marketplace that their intellectual property will be protected – which, up to this point, is something that Amazon has struggled to do.
In their latest announcement, Amazon said that they will now let any brand register its logo and other IP with Amazon starting sometime in April; thereby enabling Amazon to remove listings for counterfeit product.
The move is just part of Amazon’s larger initiative to reassure prospective brands that their trademarks and other IP are safe on its Marketplace.
According to Peter Faricy, VP of Amazon Marketplace, last year, 100,000 sellers sold at least $100,000 worth of goods in 2016. “This puts Amazon in the position where we can protect your product across the Amazon Marketplace,” Faricy said.
The brand registry, first tested in 2016, will be free to North America vendors.
So What’s The Big Deal?
According to Cynthia Stine, or eGrowth Partners, there are a number of things that brands should be excited about:
1) Brands don’t need to be sellers to join the registry anymore.
2) Brands can take down sellers for infringement which includes things like logos, using their name, trademarks, copyrights and IP, even if a seller used their own UPC code instead of the brand’s UPC.
3) It will be super easy for brands to do this without lawyers and the long time it takes now. Cynthia said that her team has already seen brands take down all their listings on the platform and kick off all the sellers for infringement. This will only escalate when the program is out of beta. Cynthia said she predicts a lot of cease and desist orders will go out to sellers for all kinds of brands.
What’s Next?
At this point in time, we do not yet have the details of the new/improved program from Amazon so it’s tough to take any specific action at this juncture. As soon as Amazon releases the details of the program, we’ll be publishing a “how to” blog post that describes in detail the steps needed to take advantage of the new initiative.
About Inovtech Services
Inovtech Services a digital retail agency with significant expertise in the Amazon marketplace and unlike typical marketing agencies who will charge you thousands of dollars in fees, we earn our income by purchasing your products wholesale and then reselling them – thereby ensuring that our interests are 100% aligned with yours.
- Published in Brand Protection
Should We Sell Our Products “To Amazon” as a Vendor or “On Amazon” as a Third Party Seller?
As eCommerce continue to grow it share of retail sales, many brands are realizing that now is the time to re-visit their eCommerce strategy, and, in particular, how Amazon plays a role in that strategy.
In my talks with brands, I’m regularly asked whether it is better to become a vendor to Amazon (called First Party Selling, or 1P), or to simply sell on Amazon as a 3rd party (3P). Here I’ll share the differences, based on my own experience, research, and in talking with dozens of brands.
Becoming an Amazon Vendor (1P)
If you have popular products that sell well, at some point you will likely receive a call from the Amazon to ask you to become a vendor.
For many brands, receiving this call can be quite exciting; particularly because Amazon is going to tell you that they are going to place large orders, promote your products on the market place, etc…
While selling 1P may seem like a no brainer, for those that have gone down that road, the reality is that it is filled with potholes, curves, and various other surprises.
Before we get into the surprises, let’s take a quick look at what becoming a vendor to Amazon entails.
- Amazon will buy directly from you
- Amazon will tell you they want a large discount (15-25%)
- Amazon will not sign a MAP agreement
- Amazon’s payment terms are typically 60-90 days
- Amazon will handle promotion, sales, and fulfillment
Here’s Amazon’s Vendor Express explainer video:
In this video, Amazon states that when you become a vendor you benefit from the following:
- You’ll get your product in front of customers in just a few days
- Amazon takes care of promoting, selling, and shipping your product
- Fulfillment will be handled by Amazon’s world-class fulfillment centers
- Amazon will introduce your product to hundreds of millions of customers already shopping on Amazon
- Your products will become eligible for free 2-day shipping for Prime members
- Amazon will handle customer service and returns
- Amazon will handle pricing and sales forecasting
- Amazon will handle inventory management
All the points made in the video are true when you become a vendor to Amazon…but what they fail to mention is that when you choose to work with a third party seller like INOVTECH SERVICES, you will receive all of the same benefits, and you will avoid the downsides of becoming an Amazon vendor.
The Downsides of Becoming an Amazon Vendor
In my discussions with dozens of brands who’ve sold to Amazon as a vendor, I’ve learned that most regret the decision – generally for the same few reasons.
Less Profit
Amazon talks a good talk about providing you with reasonable pricing, all the while negotiating you to provide excessive discounts. Then (even if they’ve mentioned no extra fees), you find that between chargebacks, marketing co-op dollars, early pay discounts, etc., you’re getting hit with 15-20+% additional off invoice charges.
Ouch.
Lack of Pricing Control (The Race to the Bottom)
The first (and generally biggest) reason most regret becoming a vendor is that when they agreed to do so, they didn’t realize that they were going to lose control of product pricing, and this turned out to be, in some cases, catastrophic for their business.
Here’s what you need to be aware of…if you have a Minimum Advertised Price (MAP) policy that you enforce with your brick & mortar customers, Amazon will invariably end up violating that MAP price.
When they do, your offline customers are not going to hesitate to tell you how much that is hurting their business…and, as was the case with one brand I spoke with, these offline retailers simply stopped buying products.
Depending on how much of your total volume is offline, this can be a pretty big deal with dramatic cash flow implications.
So how and why does Amazon ignore your MAP policy? Because they didn’t sign your MAP agreement (they won’t) – and they don’t really care about your company.
Amazon only cares about the consumer experience, and having low prices is a huge part of ensuring that consumers get the best experience possible.
Below is an example of this. As you can see, Amazon wants to own the buy box, so they ensure their price is always the lowest.
Now here’s an even better example of Amazon’s aggressive pricing strategies. Take a look at Amazon’s price of just $15.98. No other seller’s price is anywhere close to $15.98 (the one seller priced at $15.99 charges $6.93 for shipping), so why does Amazon need to go that low?
If Jack Links wants to be considered a premium brand among sellers of beef jerky, how is such a low price, relative to the other sellers, helping Jack Links to accomplish this goal?
It’s not.
Worse yet, if there were brick and mortar retailers selling this product at a MAP of $19.99, how do you think they would react?
Here’s one final example of how aggressive Amazon can be with the “race to the bottom”. Notice that on June 16th, the retail price for this bag of chips was $25. Just 3 months later, Amazon has driven the price down to $14.99. That is a 40% decrease in price!
When you sell to Amazon as a vendor, you have zero control over pricing.
Communication
Amazon is a very large company, and as a result, people are always moving around within the organization.
What this means for you is that you should expect a revolving door of account managers, or worse yet, you may go without an account manager for periods of time.
This can make communicating with Amazon very challenging….and lest you think that this poor communication would be the exception, I can assure you that it was very much the reality for quite a number of brands that I spoke with.
For example, one coffee brand that I’m in talks with right now is having a hell of a time just getting Amazon to update the images on their product listing to images consistent with their new branding.
Payment Terms
Amazon’s terms are most often 90 days. Depending on the size of your company, this can be a large problem. As I’ll explain later, when you sell to a third party partner, you can often expect to be paid in advance.
Chargebacks
Amazon vendors are subject to a wide variety of chargebacks. Some are related to customer payment disputes, while others are related to damaged goods, and a variety of other things.
While I have not been an Amazon vendor, two brands I spoke with at a recent trade show told me that chargebacks (as well as Amazon’s co-op & MDF fees, as well as seemingly endless other small fees) were so significant for them that it was pretty much killing any benefits of being a vendor to Amazon and they were planning to switch back to the the third party selling approach instead.
The Upsides of Becoming an Amazon Vendor
For the brands I spoke with, the reasons above were their major pain points to being an Amazon Vendor.
However, there are some advantages to selling directly to Amazon. Webretailer.com published an excellent article weighing the two options. Here are the highlights (their words, except where italicized):
- Control over brand. Advantage: EVEN
(I would disagree with this, per my conversation with the coffee company who were struggling to update brand imaging. Amazon is also at liberty to rewrite your listings if they see fit.) - Control over pricing. Advantage: 3P
- Sales velocity. Advantage: 3P
- Support from Amazon. Advantage: 3P
- Costs. Advantage: 3P
- Tax Nexus. Advantage: Varies (leans 1P)
- Margins. Advantage: 3P
- Promotions. Advantage: 1P
(Disclaimer: As Webretailer notes, a solid 3P marketing strategy has been shown to beat out Amazon’s promotional programs – such as Amazon Vine, which helps build initial reviews. There are additional 3P tools that can provide many of the promotional advantages that Amazon 1P can offer. In addition, Amazon’s promotional programs can come with additional – and sometimes hefty – fees.
Also, with Amazon’s hundreds of millions of product listings, you can expect that if you are not one of the top 10 or so “strategic brands within a major category,” Amazon is unlikely to pay much attention to you unless you spend significant amounts on promotions.) - Staying in Stock. Advantage: 3P
- Day to Day Involvement. Advantage: Depends on Control Being Sought
- Getting Paid. Advantage: Clearly 3P
- Shipping and Accounting. Advantage: EVEN
- Reporting & Analytics. Advantage: EVEN
- Customer Service. Advantage: 1P
(If selling 3P, you will want to be sure your partner has solid customer service systems in place. If selling 1P, Amazon will provide solid, standardized customer service. You will not be able to customize your service, or surprise and delight your customers. Also, Amazon ‘owns’ your customer, and it is definitely more difficult to get feedback from your customers if you are selling 1P.) - Multi-Channel Fulfillment. Advantage: 3P
- Selling into Canada, Mexico, and EU Markets. Advantage: 3P
- Pay-Per-Click (PPC). Advantage: EVEN
(I would qualify that this assumes you are using a single dedicated 3P seller, as it can be rather difficult to coordinate a PPC program with multiple sellers.) - Cannibalization of Sales from Own Domain. Advantage: EVEN
While some of the 1P benefits may carry enough weight for a given brand to choose to sell direct to Amazon, the overall advantage is clear.
OVERALL ADVANTAGE: 3P
Third Party Selling on Amazon (3P)
As I mentioned earlier in the post, the second way to sell your products to Amazon’s customer base is using the 3rd party (3P) approach.
With 3P, the first thing you have to do is decide whether your want work with a dedicated partner like Inovtech Services, or simply let the forces of capitalism form your 3P strategy (or more accurately, lack a strategy).
Let me start by saying that if you have a MAP policy and keeping control of retail pricing is important to you, simply letting anyone and everyone sell your products on Amazon will definitely contribute to the pricing problems that I described in the section above and I do not recommend it!
Keep Control Of your Pricing
When it comes to 3P selling on Amazon, the best way to control pricing is to reduce the number of sellers on your product listings. As a matter of fact, I’ve previously written about how having fewer sellers can actually help you to increase sales.
3P vs 1P Benefits
Now let’s revisit the list of benefits that Amazon says are a part of becoming a vendor and see which ones apply if you prefer to go the 3P approach instead.
- You’ll get your product in front of customers in just a few days: This holds true for 3P sellers as well.
- Amazon takes care of promoting, selling, and shipping your product: Your 3P seller(s) will handle the promoting, and the Amazon backend will still handle the transaction of shipping.
- Fulfillment will be handled by Amazon’s world-class fulfillment centers: Same for 3P sellers.
- Amazon will introduce your product to hundreds of millions of customers already shopping on Amazon: Same for 3P sellers.
- Your products will become eligible for free 2-day shipping for Prime members: Same for 3P sellers.
- Amazon will handle customer service and returns: Your dedicated 3P partner will handle this. If you don’t have a dedicated partner, the 3P seller that received the order will have to handle customer service.
- Amazon will handle pricing and sales forecasting: Your dedicated 3P partner will handle this. If you don’t have a dedicated partner, no one will handle this.
- Amazon will handle inventory management: Your dedicated 3P partner will handle this. If you don’t have a dedicated partner, each of the 3P sellers will handle inventory management for their own account.
Disadvantages of Having Multiple Sellers
As I’ve written about here, there are a number of negatives that go hand in hand with letting anyone and everyone become a 3P seller for your products.
In a nutshell, the downside of this approach includes:
- These sellers will all use price as their primary lever to increase their share of the buy box, and this creates a ‘Race to the Bottom’
- Listings optimization will suffer from the lack of ‘listing ownership’ that having multiple sellers creates
- With multiple sellers, you will have zero control of you promotions
- With multiple sellers, you will have zero control of your customer service (brand experience)
Advantages of Working With a Dedicated Partner for 3P Sales
There are numerous advantages to working with a dedicated 3P partner and these advantages include:
- Your partner will sign a MAP agreement, and with just one seller on your product listings, there is no race to the bottom on price
- Your partner will help you combat un-authorized sellers
- Your partner will ensure your product listings are fully optimized
- Your partner will collaborate with you on the planning and execution of product promotions, new product launches, and PPC campaigns to help you significantly increase sales
- Your partner will handle customer service on your behalf in accordance with your jointly developed SOPs
- Your partner will handle inventory management
- Your partner will probably pay faster than Amazon does (TLK pays up front)
- Your partner will be easier to communicate with
Conclusion
Developing an effective Amazon strategy is a critical part of any brand’s eCommerce strategy. While long, this post was by no means exhaustive in its coverage of the facts.
Instead, my goal was to provide you with enough insight to allow you to ask meaningful questions in your conversations with Amazon and whichever 3P partner you talk to while you are determining the eCommerce strategy most suitable for your organization.
If you have questions about this post, please get in touch with us directly.
About Inovtech Services
Inovtech Services a digital retail agency with significant expertise in the Amazon marketplace and unlike typical marketing agencies who will charge you thousands of dollars in fees, we earn our income by purchasing your products wholesale and then reselling them – thereby ensuring that our interests are 100% aligned with yours.
- Published in Improve Sales
How Chinese Sellers Are Manipulating Amazon – Stolen Amazon Data, Zombie Accounts, & Fake Reviews
Entrepreneurship in China is strong – it’s a large part of why China has grown so rapidly in the last three decades. For many Chinese entrepreneurs, the allure of selling on Amazon is their gateway to riches. In fact, professionals estimate that there are over 200,000 Chinese businesses currently selling on Amazon and this number is only expected to rise.
With this chase of seemingly easy money also comes the inevitable tip-toeing into unethical business behavior. In this article, I’m going to show how Chinese sellers are using everything from fake reviews and zombie buying accounts to stolen data from Amazon employees to manipulate Amazon. And this isn’t a victimless act – consumers pay the ultimate price as they’re deceived into believing that garlic press with an Amazon Choice badge truly is the best garlic crusher available, when in fact it may just be the one with the most number of fake reviews.
I should say that, by virtue of having a Chinese wife, I’m obligated to point out that I am not xenophobic and the strategies I describe herein are not exclusive to Chinese sellers. Sellers of nearly every nationality are using similar tactics. However, there’s little doubt that China is often the innovator and at the forefront of many of the strategies I’m about to discuss.
Why Manipulation from Amazon Sellers is Rampant
This article begins with a short love story of two maniacal lovers who can’t escape one another. Amazon is in love with Chinese entrepreneurs and Chinese entrepreneurs are in love with Amazon.
Amazon’s mission is to provide customers with the lowest prices possible. Part of the way to achieve this is to deliver the flattest supply chain, and that means getting sellers as close to Chinese factories as possible. Amazon routinely holds summits in Mainland China and aggressively tries to attract more Chinese sellers. At the same time, the Chinese government is hungry for anything cross-border commerce and actively supports anyone that helps satisfy that thirst. In Shenzhen, the Silicon Valley of China, the Chinese government has helped to develop numerous industrial parts, like the company China South City (华南城) devoted almost entirely to eCommerce sellers.
The result of this infatuation is that Chinese sellers are eager to chase the dream of Amazon riches at almost any cost and Amazon themselves are apt to ignore certain pernicious activities from Chinese sellers.
Using Fake Reviews to Mislead Buyers
It’s no secret that Amazon customer reviews are one of the most important factors affecting a customer’s purchase decision on Amazon. So it should come as no surprise this is also one of the most frequently abused tactics by Chinese sellers. Zach Franklin of AMZKungfu is originally from Detroit but now lives in Shenzhen, China and is a popular non-Chinese Amazon consultant for Chinese sellers. He explained to me that in his experience at least 50% of Chinese sellers are using some form of review strategy against Amazon’s terms of service. As Zach described to me, “To many Chinese Amazon sellers, the question of how to succeed on Amazon has a simple answer: reviews equal sales”.
A Chinese seller’s review strategy can come in one of two varieties: compensating/reimbursing real customers for leaving a positive review or the more extreme technique of making fake orders and leaving positive reviews through zombie Amazon accounts.
Here’s how sellers use these so-called zombie accounts: fake review companies (almost always in China) open hundreds or thousands of fake Amazon accounts. They then emulate “real” customer browsing behavior so as not to arouse Amazon’s suspicions. They even go so far as to use real shipping addresses by contacting real individuals in America (sometimes through stolen customer information from Amazon’s databases) in exchange for compensation and/or free products. According to one Chinese selling consultant, who wished to remain anonymous, fake reviews generally start at $3-5 depending on how likely or not these fake reviews are to be detected by Amazon.
Of course, outright fake reviews aren’t the only way reviews are manipulated. While Amazon banned incentivized reviews in 2016 the practice still exists in various forms, everything from “rebate clubs” where consumers get rebates (often for a 100% rebate of the purchase price) to compensating consumers for leaving positive reviews through extended warranties and future discounts.
Stolen Competitor Information from Amazon Employees
Chinese sellers aren’t the only one employing malicious selling activities to game Amazon. Amazon has thousands of employees working for it within China and some of these employees are stealing seller information internally from Amazon’s databases and reselling it to other sellers and service providers. If a seller can find out certain information about a competitor’s product, such as their sales and page view history, it can be extremely valuable.
This is how it works: mid to senior ranking employees within Amazon China have direct access to Amazon’s internal network that allows them to access private information related to all sellers. Corrupt Amazon employees will steal a business report of any desired competitor showing information such as how many times a product was viewed over a period, how many times a product was purchased, and the total sales of those items.
Sellers can even request an ASIN report that shows exactly what keywords were most likely to lead to a customer purchasing their item. Prices for these reports range widely (invariably the reports are cheaper from Chinese only websites) but one service provider charges $399 for two ASIN reports and a few other reports. Seeing this data can be valuable both for a competitor’s products and a seller’s own products, however, sellers cannot see this data for even their own products – they have to purchase a stolen report from an Amazon employee.
As one Chinese reseller of this information described to me (he wished to remain anonymous) these corrupt Amazon employees leak these reports for around $20 per report, but the price will depend on the riskiness of that employee accessing that information (i.e. the chances of them getting fired).
Stolen Buyer Information
Amazon’s customer database is something that they go to great lengths to protect. They do not reveal to sellers the customer’s email address and recently even removed the seller’s ability to see the customer’s phone number. But for unscrupulous sellers, this information is available – for a cost.
The same employees within Amazon’s China office who are stealing competitor business reports will also steal customer information. All that these corrupt Amazon employees need is the Order Number for a customer order or a link to a product review the customer used. This information can be used in a variety of ways, everything from privately contacting a customer to ask them to remove a negative review in exchange for some type of payoff all the way up to running advertising campaigns to that customer either directly through email or indirectly through a Facebook remarketing campaign. An anonymous service provider who buys this information told me that Amazon employees charge around $3 to get this data.
Secret Amazon Selling Accounts
As I just discussed, Amazon does drop the hammer on unscrupulous sellers that compromise the Amazon marketplace, such as sellers who abuse fake reviews. And when Amazon drops the hammer and suspends a seller, the consequences can be dire – not only does that seller lose their ability to sell on Amazon, they lose the ability to sell potentially hundreds of thousands of dollars or even millions of dollars in inventory. Given these risks, many Chinese sellers secretly open several Amazon Seller Central accounts, despite this being strictly against Amazon’s terms of service. Having multiple selling accounts gives sellers the ability to take higher risks.
Amazon is very good at detecting multiple selling accounts from a single seller and sellers subsequently go to great lengths to hide the identity of these accounts – many Chinese sellers require their staff to open accounts under their names but under control of their company. These accounts are often even used with separate internet service providers to avoid Amazon detecting any IP sharing.
An associate of mine who previously worked for a large Chinese Amazon seller in the pet industry described it to me this way “In our company we literally needed a diagram detailing all of our selling accounts so our staff could keep track of these accounts”.
Sales Tax Evasion & Product Safety
There’s one final area where foreign sellers, including Chinese sellers, are able to gain an upper-hand: sales tax and product safety.
Currently, the issue of whether Amazon or the sellers themselves are responsible for collecting and remitting sales tax lives in a bit of limbo. Amazon now collects sales tax in Washington State and Pennsylvania on behalf of sellers but the Supreme Court in June ruled, more or less, that sellers could be held liable for collecting sales tax. It doesn’t take a CPA to realize that a foreign seller, especially a seller that’s residing in China, is going to have much better-protected assets than his American counterparts.
Amazon similarly puts the onus of product liability on sellers (and courts have frequently upheld the opinion that Amazon bears no liability in defective items). While Amazon has a requirement for sellers to hold at least $1million in product liability insurance it’s little secret that Amazon does not enforce this requirement. And once again, it does not take a law degree to realize that an American business with domestic assets is going to be a lot more susceptible to product liability lawsuits than a foreign business, especially a Chinese one. Does this mean that Chinese sellers are deliberately selling unsafe goods? No. But they are afforded some protection from compensating consumers, that American businesses are not, in the event they do sell unsafe products.
Conclusion
It’s important at this juncture to point out that gaming Amazon is not a tactic exclusive to Chinese sellers. Anyone who has sold on Amazon long enough realizes that sellers employing questionable selling tactics bear all types of passports. I’ve personally met many of them from nearly every continent in the world. As Zach Franklin emphasized, “Most [Chinese] sellers I know just want to build a real, defensible brand. They’re hiring better designers and copywriters, building a real presence off of Amazon, trying out influencer marketing, Adwords, and Facebook. They want to do things in the right way and they’re working from 9 am – 9 pm, 6 days a week to do it”.
If anyone deserves blame, it’s Amazon themselves. The fake reviews that are proliferating in Amazon are one that I believe Amazon is legitimately trying to stamp out as they recognize it’s a giant threat to their trust as a marketplace. However, in my personal experience as a seller, Amazon seemingly allows nearly any selling strategy to slide until a wave of negative press arrives that threatens its revenues. As one Chinese service provider described to me, “Amazon turns a blind eye to the leaking of competitor data from employees. It doesn’t hurt them”. Amazon bills itself as “Earth’s Most Customer- centric Company”. The reality is that Amazon is like nearly every large corporation and only cares about one thing- Amazon.
This post originally appeared on ecomcrew.
About TLK Sourcing
TLK Sourcing a digital retail agency with significant expertise in the Amazon marketplace and unlike typical marketing agencies who will charge you thousands of dollars in fees, we earn our income by purchasing your products wholesale and then reselling them – thereby ensuring that our interests are 100% aligned with yours.
- Published in Brand Protection
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