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Originally Posted by theking
Yes...that was the second part to my question. As I read it...even using text links makes one a publisher and certainly an advertiser if one is advertising for an Affiliate Program...and even though one uses only text links...if one advertises an Affiliate Program's FHG's/sites and they are not fully 2257 compliant does this make the advertiser legally liable under the new proposed 2257...as one has entered into a "contract/agreement".
If there is a legal door open to them...I am satisfied that they will use it...if they so choose.
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Im not a lawyer, but in that case it makes sense that textlinking makes you an advertiser, but not publisher. If the model is 18+, and the sponsor is not fully 2257 compliant, the sponsor might risk punishment alone. However, if the model is 18-, you are both in trouble, and its up to you to convince the judge.
But why even speculate on this? I say 1st priority is to cover your ass, before doing anything else.