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

MetaformX · 01-11-2005, 01:53 PM

Eileen Harrington, director of the FTC's Marketing Practices Division speaking on the signup4cash case:

"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."

Things are about to get very nasty in my opinion.

webair · 01-11-2005, 01:56 PM

she's pretty tough

xclusive · 01-11-2005, 01:57 PM

utoh this could cause a lot of shit

BVF · 01-11-2005, 01:59 PM

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

LeeNoga · 01-11-2005, 01:59 PM

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, 02:00 PM

Mailing is not safe anymore...

PornGeneral · 01-11-2005, 02:05 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, 02:05 PM

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

Webby · 01-11-2005, 02:07 PM

MetaformX:

Quote:

"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, 02:16 PM

reliable?

but seriously,,thanks for the heads up

Dalai lama · 01-11-2005, 02:18 PM

Quote:

Originally Posted by Fred Quimby

reliable?

but seriously,,thanks for the heads up

what he said

MetaformX · 01-11-2005, 02:19 PM

Quote:

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, 02:20 PM

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

tony286 · 01-11-2005, 02:22 PM

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

BoyAlley · 01-11-2005, 02:25 PM

Greetings:

Quote:

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, 02:28 PM

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

Drake · 01-11-2005, 02:38 PM

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

hydro · 01-11-2005, 02:40 PM

Its all optin, I swear!

PornGeneral · 01-11-2005, 02:47 PM

Quote:

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, 02:50 PM

the US is not the only country to do business in

vicki · 01-11-2005, 02:56 PM

yeah, that sounds about right *sigh*

flashfire · 01-11-2005, 02:58 PM

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

andrej_NDC · 01-11-2005, 03:00 PM

Quote:

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, 03:05 PM

Quote:

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, 04:09 PM

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

ronaldo · 01-11-2005, 04:20 PM

Quote:

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, 04:35 PM

the shit is hitting the fan :\

pxxx · 01-11-2005, 04:38 PM

Quote:

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, 04:47 PM

Quote:

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, 05:17 PM

Quote:

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.

01-11-2005, 01:53 PM	#1
MetaformX Confirmed User Join Date: Mar 2002 Posts: 6,704	The FTC to Affiliate Programs: You will be held 100% reliable for your affiliates Eileen Harrington, director of the FTC's Marketing Practices Division speaking on the signup4cash case: "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." Things are about to get very nasty in my opinion. __________________

01-11-2005, 01:56 PM	#2
webair Confirmed User Industry Role: Join Date: Feb 2002 Location: NYC, NY Posts: 8,531	she's pretty tough __________________ ~ Webair Dedicated Cloud Servers™ ~ WEBAIR VSYS™ Virtual Hosting Platform ~ Superior CDN Network ~ ~ Managed Dedicated hosting Specialists ~ DISCOUNT DOMAIN NAMES! ~ WEBAIR FUSION IO MANAGED CLOUD SERVERS! ~ *ICQ:* 243116321 - *TWITTER* - @WEBAIRINC - E-Mail: [email protected]

01-11-2005, 01:57 PM	#3
xclusive Too lazy to set a custom title Join Date: Apr 2004 Location: Buffalo, NY Posts: 35,218	utoh this could cause a lot of shit __________________ I support MediumPimpin.com / Shemp's Outlawtgp.com /

01-11-2005, 01:59 PM	#4
BVF Black Vagina Finder Join Date: Jan 2002 Location: The Midwest Posts: 13,975	I forsee a lot of Chinese and Indian webmasters being employed in the near future. __________________ Black Pussy Click On Mr Cosby..CCbill, 60/40, 136 FHG's....The Cos Loves Black Ghetto Pussy!!

01-11-2005, 02:00 PM	#6
siccmade Confirmed User Join Date: Nov 2002 Location: Canton, Ohio Posts: 1,641	Mailing is not safe anymore... __________________ Adult XXX Hits - Adult Traffic Exchange. Get free traffic!

01-11-2005, 01:59 PM	#5
LeeNoga Confirmed User Join Date: Jul 2001 Location: Egg & Sperm Mutation Posts: 3,043	They been saying this for years...and how many have they really prosecuted for 3rd party liability. Is all scare tactics to some degree.

01-11-2005, 02:05 PM	#7
PornGeneral Confirmed User Join Date: Sep 2004 Location: In front of computer Posts: 564	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 __________________ "The object of war is not to die for your country but to make the other bastard die for his." -Patton "Only the dead have seen the end of war." -Plato

01-11-2005, 02:05 PM	#8
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	I think the word you are looking for is accountable, not reliable . . . although reliable would be a good thing.

01-11-2005, 02:16 PM	#10
Fred Quimby Confirmed User Join Date: Jul 2004 Location: Long Island, NY Posts: 5,430	reliable? but seriously,,thanks for the heads up __________________

01-11-2005, 02:20 PM	#13
The Heron Confirmed User Industry Role: Join Date: Apr 2001 Location: Michigan Posts: 4,488	If they are independent contractors... I don't see the liablity connection? Fucking politicians!

01-11-2005, 02:22 PM	#14
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	They are not playing and good unwanted adult spam hurts us all. It fuels the fire of the right.

01-11-2005, 02:28 PM	#16
Entropy Confirmed User Join Date: May 2004 Location: Somewhere Posts: 4,128	This leaves the gov wide open for more drastic actions... __________________ The Gay Market Is Where The Money's At! AlleyBucks Is The Queer Eye For Straight Webmaster Guys CCBill Based Affiliate Program With Hosted Galleries ICQ: 226-359-635

01-11-2005, 02:38 PM	#17
Drake Hello world! Industry Role: Join Date: Mar 2003 Posts: 12,508	Just a question... how would a program determine that there links are being spammed in a non-compliant fashion?

01-11-2005, 02:40 PM	#18
hydro Confirmed User Join Date: Dec 2003 Location: Dirty 3rd Posts: 4,216	Its all optin, I swear!

01-11-2005, 02:50 PM	#20
Phoenix BACON BACON BACON Industry Role: Join Date: Nov 2002 Location: Poems everybody, the laddie fancies himself a poet Posts: 35,465	the US is not the only country to do business in __________________ Skype Phoenixskype1 Telegram PhoenixBrad https://quantads.io

01-11-2005, 02:56 PM	#21
vicki Confirmed User Industry Role: Join Date: Feb 2002 Location: Deep in the heart o' Texas Posts: 1,478	yeah, that sounds about right sigh __________________ If at first you do succeed - try to hide your astonishment. HR merchant accounts from 3.45% solid biz since 98 victoriakozub AT gmail.com skype: victoria.kozub \| ICQ: 74296746

01-11-2005, 02:58 PM	#22
flashfire ICQ 1 6 7 8 5 3 4 9 2 Join Date: Feb 2003 Posts: 13,098	time to get your business out of the US...I already did

01-11-2005, 04:09 PM	#25
SykkBoy Jesus loves bacon Industry Role: Join Date: Feb 2001 Location: Sin City, Motherfucker Posts: 19,969	I smell some corporate sabotage going on in the next couple years in this business... __________________ Support my new movie “The Second Coming”

01-11-2005, 04:35 PM	#27
nofx Too lazy to set a custom title Join Date: Nov 2002 Location: Virgin Mary's womb Posts: 16,826	the shit is hitting the fan :\ __________________ Often times I wonder why There's love and hate, theres live or die. When sickness comes I must decide: When feelings go, theres suicide.