Overstock.com Makes Good on Promise to Reinstate Hawaii-Based Affiliate Advertisers...
Overstock.com Makes Good on Promise to Reinstate Hawaii-Based Affiliate Advertisers Following Governor's Wise Veto. Assessing 'Negative Consequences,' Governor Labels Tax Affiliate Nexus Bill: 'Not Well Thought Out.' SALT LAKE CITY, July 2 /PRNewswire-FirstCall/ -- Overstock.com, Inc. (Nasdaq: OSTK), which is located entirely in Utah, today reinstated its Hawaii-based affiliate advertisers, following Governor Lingle's laudable decision to veto legislation that would have forced the e-tailer to collect taxes on its Hawaii sales if it maintained ties with Hawaiian Internet ad affiliates. Governor Lingle's veto closely followed Governor Arnold Schwarzenegger's Tuesday night veto of similar legislation in California. Patrick Byrne, chairman and CEO of Overstock.com, stated, "Today we cheerfully comply with Governor Lingle's request that we promptly restore our relationships with her state. We are more than happy to do so and thank the Governor for seeing clearly on this bill." In her veto, Governor Lingle cited one of the negative effects of the bill was its impact on non-profits, like the University of Hawaii, who depend in part on e-tailing banner ads on its bookstore website. Only a handful of states have considered similar anti-Internet ad laws which attempt an end-run of U.S. Supreme Court Decisions preventing states from enforcing tax collection duties on out-of-state companies that have no "physical presence" in the state. The laws attempt to designate local, independent internet advertisers as a "physical presence" sufficient to justify tax collection obligations. Overstock.com, and other prominent e-tailers, labeling the laws "unconstitutional" sued the State of New York when such a law first passed there in 2008. Only four other states (Hawaii, California, Rhode Island, and North Carolina) have followed New York; though additional legislatures have considered and rejected similar bills. On Tuesday, Overstock.com canceled affiliate advertising contracts in all of those states, including California and Hawaii, but reversed the action in Hawaii and California following their governors' wise vetoes. The advertiser cancelation is still in effect in North Carolina where a bill is under consideration, and in Rhode Island were a bill became law on Wednesday. About Overstock.com Overstock.com, Inc. is an online retailer offering brand-name merchandise at discount prices. The company offers its customers an opportunity to shop for bargains conveniently, while offering its suppliers an alternative inventory distribution channel. Overstock.com, headquartered in Salt Lake City, is a publicly traded company listed on the NASDAQ Global Market System and can be found online at http://www.overstock.com. Overstock.com regularly posts information about the company and other related matters on its website under the heading "Investor Relations." Overstock.com(R) is a registered trademark of Overstock.com, Inc. This press release contains certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements include, but are not limited to, statements regarding reversal of the termination of Internet affiliates. Our Form 10-K/A for the year ended December 31, 2008, our subsequent quarterly reports on Form 10-Q, or any amendments thereto, and our other subsequent filings with the Securities and Exchange Commission identify important factors that could cause our actual results to differ materially from those contained in our projections, estimates or forward-looking statements. SOURCE Overstock.com, Inc. Roger Johnson, +1-801-947-4430, rojohnson@overstock.com, or Investors, Kevin Moon, +1-801-947-3282, kmoon@overstock.com, both of Overstock.com, Inc.
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