In 2008 the state of New York passed a law asserting sales tax jurisdiction over Amazon.com sales to New York residents. New York was aware of Amazon affiliates operating within the state. In Quill Corp. v. North Dakota, the US Supreme Court ruled that the presence of independent sales representatives may allow a state to require sales tax collections. New York determined that affiliates are such independent sales representatives. The New York law became known as "Amazon's law" and was quickly emulated by other states[44]. While that was the first time states successfully addressed the internet tax gap, since 2018 states have been free to assert sales tax jurisdiction over sales to their residents regardless of the presence of retailer affiliates[45].

Also known as a publisher, the affiliate can be either an individual or a company that markets the seller’s product in an appealing way to potential consumers. In other words, the affiliate promotes the product to persuade consumers that it is valuable or beneficial to them and convince them to purchase the product. If the consumer does end up buying the product, the affiliate receives a portion of the revenue made.
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