The Fundamental Flaw in Selling Resale Rights

Many, many infoproducts are now sold with resale rights, also commonly referred to as resell rights. There are many variations of resale rights available, but the general intent is almost always the same: to give the purchaser of a product the legal permission to sell copies of the product to others without paying further monies to the original seller. No royalties or other payments are required, and resale rights are often non-exclusive — in other words, the original seller can grant resale rights to same product to two or more purchasers.

Products sold in this manner suffer from a fundamental flaw that eventually works to the detriment of the purchasers and sometimes (but not always) the original seller: the inability to legally set a minimum price for the resold products.

Price Fixing is Illegal

Most resale rights include specific limitations on where, how and to who the purchaser can resell the product. Despite what those restrictions say, however, the seller cannot require the reseller to sell at a specific price. They are free to suggest a price, of course, but the reseller can price the product as he or she pleases.

The reason is quite simple: price fixing is illegal in most jurisdictions. Rather than go into the reasoning here, though, let me just point you to the extensive entry on price fixing in the Wikipedia.

Prices Trend Downwards

In the tangible world, products cost money to produce. These costs invariably generally set a lower bound for the retail price of the product. Few tangible products are ever sold at a loss, and even “loss leaders” are sold with the expectation that extra purchases (of other products) will make up for the loss.

In the infoproduct world, however, the rules are different. Although the first copy of a product costs money to create, each copy thereafter is essentially created at zero cost. This changes the underlying economics. The lower bound of the price is now zero. Even if a reseller purchases a product for $100, they can recoup their initial investment in the product by selling only 100 copies at $1 each. Everything beyond that is pure profit. (It’s true that I’m simplifying things slightly, obviously there are costs involved in promoting the product, processing payments, etc., but a good infopreneur will spend hardly anything on most of these.)

There’s a joke that goes something like this:

“Bob, we’re losing ten cents on each sale of our product!”

“Don’t worry, Jake, we’ll make it up in volume.”

If the product costs you essentially nothing, though, the joke isn’t a joke anymore… volume does in fact become more important than price… Even if you amortize the cost of the product (what you paid for the resale rights + whatever fixed costs you have for marketing it) over the total number of units sold, the per-unit cost approaches zero as you sell more and more units.

And with non-exclusive resale rights (which is the most common scenario), all it takes is for one reseller to price the product below the suggested retail price range to start the downward spiral. Once the product is out there at a low price, other resellers will follow suit. Eventually, the product will end up selling for several dollars on eBay. Don’t believe me? Check out the information products section on eBay.

Push It Hard, Push It Fast

If you purchase the resale rights to a product, you need to promote it fast and hard. The key is to get the product out at the price you want before other resellers flood the market with lower-priced offers for the same product. You could say that a resale rights product has a short shelf life.

Once a product is widely available at a very low price, the retailer’s profit margin starts to shrink considerably. There are different tactics to use at this point:

  • Sell resale rights. If a product was sold with “master” resale rights, you have the ability (but are not required) to sell the resale rights to the product as well as the product itself. If you haven’t already done so, you can start selling the resale rights and not change the price. (This will hasten the decline of the market, of course.)
  • Target a new audience. See if you can find a fresh new audience for the product, especially an audience not already flooded with emails from other Internet marketers pushing the same products.
  • Setup a membership site. Resale rights products are perfect for membership sites like Mr. OverDeliver, especially those based on the Butterfly Marketing system. Products with resale rights appeal to potential members, especially if the membership to the site itself is free.
  • Bundle products together. Create a “super-product” by combining two or more related resale rights products into a single bundle.

Many marketers will simply look for something new to sell, of course.

How the Creator Benefits

You might be wondering how the original creator of the product benefits from selling resale rights? Well, besides providing new income streams from tired products (many products sold with resale rights were originally sold without such rights), it also allows the creator to funnel more people into his or her backend sale system. It can be as simple as embedding affiliate links within a product, or offering free updates to the product if the purchaser registers the product with the creator.

Beware of Resale Rights

If you’re purchasing a product because it comes with resale rights, be careful. Do some research before proceeding. Is the product being sold on eBay? Can you find other websites promoting the same product? At what prices are others selling it? Is is available for free anywhere, like in the popular membership sites?

Don’t forget to look closely at the product itself. Is it a good quality, sellable product? Resale rights may just be the lipstick on an otherwise unsaleable pig.

Don’t get me wrong, it’s not that you can’t make money with resale rights products. But you need to go into the process with your eyes wide open.

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Butterfly Marketing Excerpt

In case you’ve been wondering what “Butterfly Marketing” is all about, there’s an excerpt available for reading: Butterfly Marketing - The Leaked Chapter. Basically the method is about creating membership sites and using small tactics to increase sales and to keep those sales going over time. The “butterfly” part comes from chaos theory, which was big in the late ’80s, the idea being that the flutter of a single butterfly can have catastrophic effects on the weather elsewhere in the world.


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The One-Time Offer

One of the side effects of the Butterfly Marketing program has been an explosion in one-time offers. Even though one-time offers aren’t new, I didn’t see them that much; now I see them used on almost every new program that launches. Here are some recent programs using one-time offers:

And I don’t see the trend stopping anytime soon. The one-time offer (OTO) seems here to stay.

How One-Time Offers Work

An OTO page is shown immediately after you register at a site. Perhaps you’re giving your name and email address to join a mailing list. Or to get a free product. Or access to a membership site. Regardless, as soon as you’ve submitted your information you’re taken to an OTO page. The OTO page is a cannily-worded upsell page that offers a product or set of products to you at a “discounted” price “never to be seen again”. You have two choices: either buy the product now at the special price, or continue on without buying the product and lose access to the special price. (You can often still buy the product later, but at a higher price.)

An OTO page is very simple to program. The hard part is writing the copy for the page. It has to be compelling. It has to impart a sense of urgency. It has to convince the reader to buy a product sight unseen. A well-designed OTO page presenting a product from a well-known seller can have a very high conversion ratio. Which is why Internet marketers are eagerly using them.

Beating the One-Time Offers

If you’re a skeptic like me, the OTO page isn’t something you normally buy from. Personally, I get so many offers from so many different marketers that if I were to buy every OTO that came my way I’d go bankrupt. I like to pick and choose the things I buy very carefully. As should you.

But what if it turns out you really WANTED that OTO? Either you’ve lost the chance to buy it entirely or else you have to pay a higher price. Or do you?

The simplest strategy to “recover” the OTO is to leave the OTO page open and to open another browser window and visit the site you’ve just registered that way. If you see what you like, go back to the OTO page and buy it. Simple.

This assumes, of course, that you can figure out that the OTO is worth it in a few minutes, before the OTO page’s session expires. What if you decide later that you need the OTO offer?

The solution that almost always works is to re-register using a different email alias. If you want to push it a little, you can even re-register using your other email address’ affiliate link — it might not be enough to trigger a payout, but if you do happen to sell a few of the products to others you may get part of your money back. Be careful, though, as some affiliate programs explicitly disallow this kind of “discounting”.

Re-registering won’t work when there’s a limit to the number of membership being sold and the number of registrations has reached the membership limit. At that point you have to either suck it up and buy the upgrade at the higher price or move on to something else.

If you’re creating your own site, think about incorporating an OTO page into the registration process, especially if you’re offering a free membership. But be careful, as this may be the first experience that people have with you, and if the product they buy from you is crap then you’ve ruined what could have been a profitable relationship.

Eric Giguere is an online marketing geek. When not pretending he’s an AdSense expert, he develops software for iAnywhere Solutions as part of the AvantGo development team.


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