The FTC to Affiliate Programs: You will be held 100% reliable for your affiliates

**webair** · 01-11-2005, 11:56 AM

she's pretty tough

**xclusive** · 01-11-2005, 11:57 AM

utoh this could cause a lot of shit

**BVF** · 01-11-2005, 11:59 AM

I forsee a lot of Chinese and Indian webmasters being employed in the near future.

**LeeNoga** · 01-11-2005, 11:59 AM

They been saying this for years...and how many have they really prosecuted for 3rd party liability.

Is all scare tactics to some degree.

**siccmade** · 01-11-2005, 12:00 PM

Mailing is not safe anymore...

**PornGeneral** · 01-11-2005, 12:05 PM

Washington has an Anti Spam statute that is still enforceable. $500 bucks an e-mail. And affiliate programs have always been held liable. You can thank AOL vs National Health Care Discount in 2001 for that.

Spammers

**baddog** · 01-11-2005, 12:05 PM

I think the word you are looking for is accountable, not reliable . . . although reliable would be a good thing.

**Webby** · 01-11-2005, 12:07 PM

MetaformX:

"There's a message here for anybody running an affiliate program; you need to monitor what the third parties are doing," she said. "If you are using a business model that recruits others, you are strictly liable for the practices of those third parties. It's not just the people who push the button. It's the business that provides the financial incentive. The law is clear and strict."

Tho they may have a valid intention, - this is all the more reason why any sponsor program does not need to operate under the laws of the US or have anything to do with the FTC.

If that law is "clear and strict", it's not a law I want to know about. I also ain't going to be responsible (beyond any reasonable level) for the conduct of third parties, such as affiliates.

**Fred Quimby** · 01-11-2005, 12:16 PM

reliable?

but seriously,,thanks for the heads up

**Dalai lama** · 01-11-2005, 12:18 PM

Originally posted by Fred Quimby

reliable?

but seriously,,thanks for the heads up

what he said

**MetaformX** · 01-11-2005, 12:19 PM

Originally posted by baddog

I think the word you are looking for is accountable, not reliable . . . although reliable would be a good thing.

Yeah, sorry, brain fart. I meant Liable.

**The Heron** · 01-11-2005, 12:20 PM

If they are independent contractors... I don't see the liablity connection? Fucking politicians!

**tony286** · 01-11-2005, 12:22 PM

They are not playing and good unwanted adult spam hurts us all. It fuels the fire of the right.

**BoyAlley** · 01-11-2005, 12:25 PM

Greetings:

Originally posted by webair

she's pretty tough

As a gay man, I find it refreshing to see that the government is being inclusive, and obviously promoting raging bull dykes to a position of power.

**Entropy** · 01-11-2005, 12:28 PM

This leaves the gov wide open for more drastic actions...

**Drake** · 01-11-2005, 12:38 PM

Just a question... how would a program determine that there links are being spammed in a non-compliant fashion?

**hydro** · 01-11-2005, 12:40 PM

Its all optin, I swear!

**PornGeneral** · 01-11-2005, 12:47 PM

Originally posted by The Heron

If they are independent contractors... I don't see the liablity connection? Fucking politicians!

Just because a program calls them independent contractors doesn't mean they are released from vicarious liability.

There is a 2 part test not needed but commonly used in court to establish liability.

1. Was there financial gain or enrichment?
2. Was there control or the right to control the actions of the offender.

Affiliate programs hit both. They have financial gain and enrichment, control payouts, terminate accounts, and provide material support among other.

Yes, I studied law. But this is my opinion. Go find your own!

**Phoenix** · 01-11-2005, 12:50 PM

the US is not the only country to do business in

**vicki** · 01-11-2005, 12:56 PM

yeah, that sounds about right *sigh*

**flashfire** · 01-11-2005, 12:58 PM

time to get your business out of the US...I already did

**andrej_NDC** · 01-11-2005, 01:00 PM

Originally posted by Phoenix

the US is not the only country to do business in

look like it will be a bad option soon to do biz over there

**jimmyf** · 01-11-2005, 01:05 PM

Originally posted by flashfire

time to get your business out of the US...I already did

hope you got out with the business, if not 2 bad so sad if you spam, not so sure if you are safe even if you are not in the USA

**SykkBoy** · 01-11-2005, 02:09 PM

I smell some corporate sabotage going on in the next couple years in this business...

**ronaldo** · 01-11-2005, 02:20 PM

Originally posted by SykkBoy2

I smell some corporate sabotage going on in the next couple years in this business...

Exactly. Gee, I'll spam my list of 100 million emails with all of my competitors websites.

This will get challenged and thrown out...eventually.

**nofx** · 01-11-2005, 02:35 PM

the shit is hitting the fan :\

**pxxx** · 01-11-2005, 02:38 PM

Originally posted by baddog

I think the word you are looking for is accountable, not reliable . . . although reliable would be a good thing.

I was kind of caught up in this too. I didn't know where reliable came from.

**SykkBoy** · 01-11-2005, 02:47 PM

Originally posted by ronaldo

Exactly. Gee, I'll spam my list of 100 million emails with all of my competitors websites.

This will get challenged and thrown out...eventually.

exactly
someone pisses me off? well, I'll just spam my ample remove list

I personally wouldn't do that, but wouldn't put it past other companies who want to get rid of the competition...

**PornGeneral** · 01-11-2005, 03:17 PM

Originally posted by ronaldo

Exactly. Gee, I'll spam my list of 100 million emails with all of my competitors websites.

This will get challenged and thrown out...eventually.

It was already challenged and the US Supreme Court upheld it.

http://www.zdnet.com.au/news/0%2C390...28974%2C00.htm

And although you do business outside the United States. Your financial dealings i.e. ccBill and iBill are inside the US.

The FTC to Affiliate Programs: You will be held 100% reliable for your affiliates

The FTC to Affiliate Programs: You will be held 100% reliable for your affiliates

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