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Originally Posted by XPays
You could conceivably have them indemnify you for use of their provided content and better yet have them post a bond if you identify a high risk situation. But the reality is that if you have to take it that far then there is a high likelihood there is an issue. JuicyBucks had a situation with the Williams suit and did not do jack for their affiliates. Several of their U.s. affiliates contacted me directly for assistance. At the end of the day, business growth and longevity depend on these sorts of decisions. I do not in my personal non-lawyer opinion intend to give ANY legal advice by my posts and we have the best first ammendment lawyer with Cambria, the best ip lawyer Paul Berra, and Perkins Coie on our corp and other uspto related stuff. Meaning- have good lawyers and consult with them prior to partnering with any company. Let them review agreements and sites and give you an opinion. Then make the right call- it also helps if you stayed at a holiday inn last night.
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I'll be sure to add this issue to my Adult Best Practices doc - Enlightened sponsors will disclose/publish all their content licenses and include a waiver in their TOS exempting affiliates from any content licensing issues (provided the affiliate follows the sponsor's content rules).
The first sponser that proactively adopts this standard contact me - I'll put you at the top of our list!