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Let's say you are promoting for sponsor A who lives in BumFuck, Nevada, America. You are using their content to promote them, but you are living in BumFuck, Argentina. Someone sees your for example gallery that you built using SponsorA's content to promote his site. You did not link to the 2257 information as stated in their terms of service. A surfer sees the model and thinks..."Hmm..she looks awfully young." and reports it to their District Attorney in BumFuck, Arkansas. The District Attorney in BumFuck, Arkansa contacts the District Attorney in BumFuck, Nevada who then sends out investigators to check out Sponsor A's legal documents. Now because the owner of SponsorA has to go through the hassle of the Law visiting his offices he no longer wants to deal with the webmaster in BumFuck, Argentina who thinks they do not have to comply with 2257 laws because they are not US citizens. So the owner of Sponsor A who is compelled by law to follow those laws, and does not with to spend any jail time just becaues a webmaster in BumFuck, Argentina thinks he/she deserves his/her $30pps will now just close said webmasters account. Figure it out yet. Not saying this is how it will happen, not saying this WILL happen...but just because you are outside the US don't think this does not affect you in anyway shape or form. When it affects your business to business peers, it does affect you. |
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Why? Because they have to, and don't want to go to jail for you. |
The obvious solution is fake addresses for the Custodian of Records, it was already mentioned in this thread.
Nobody can check if the records actually exist or not. |
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I can sit at my office in Vegas and see that a foreign webmaster is using beastiality on his sites. I can't sit in my office in Vegas and inspect somebody's records on the other side of the world. I would have to physically travel to the Custodian of Records to inspect the documents. |
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If he resides out of the US, host outside of the US, uses non-us billers .... He advertises with pics some US sites ... Noty his problem. The US site , they must conform, not him .... This is an american law for american corps and individuals. Foreigners are liable only if they host in the US and/or process in the US and mainly if they break the law in THEIR COUNTRY ! |
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Like I told him up above get all the non-us counterparts lined up. But if he does work with US sponsors yeah it's their responsibility to conform...but if you think they are going to allow webmasters who won't help them to conform to continue to promote them...once again good luck with that. :thumbsup I guess maybe the solution is for all US sponsors to just cancel all non-us affiliates..you guys don't seem to want to work out a solution where the US sponsor can continue to operate their business without legal hassle. Where does that get you in the end? Maybe some of your favorite sponsors shut down? |
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The records cannot be verified for foreign webmasters. Back to square one. |
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50 affiliates screw the 2257 And what/who will prevent a nerd to put your pictures ( without your knowledge and authorisation) on a webpage ... ???? |
I also haven't seen any wording in the law that would hold sponsors responsible for the websites run by their affiliates.
Free content is a moot point considering any sponsor that would care to ban non-compliant affiliates would be providing documentation with each free content set. |
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The DOJ sending an email asking to inspect physical records on the other side of the world? What are you going on about? :helpme The 2257 regulations regarding what needs to be published on your website (address of the Custodian of Records) have not changed since the old regulations. |
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And as someone has said if Euros are going to be dicks about this just not allow them into your program. Fine by me, less comptetition. Especially if I have to compete at a disadvantage. |
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Look daddy, the USA is now like Chinas and like Russia was ... On the other hand, it won't be the first freedom or rights that they trample over ... |
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It's like mailing, the more sponsors that crack down on affiliates doing mailings the richer the sponsors that allow mailings become. |
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Please be realistic. |
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Let me ask you again...would you not want to work with your favorite US Sponsors to help them to conform to US law so that way they will continue to be around for you to promote? |
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Here's an idea. You Euros stick with Euro sponsors and us Americans will stick with ours? |
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If there are more like you, they may be willing to go that far and ban all non-us affiliates. You may push them to the point they have to decide between staying in business or making sure some guy who wants to be a pain in the ass continues to get a check. I'd vote for staying in business, how would you if it were your business? |
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Even if I don't have 2257 documentation that has no bearing on whether or not my sponsor is compliant with US laws. |
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Hmmm pot is legal in Holland so a person in Holland can send pot to the US and NOT get busted because it's legal where he lives? Um nope doesnt work that way. |
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Good God I'm done...I'm sorry sir/madame but you are ignorant. And good luck with that. :1orglaugh |
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And how does the sponsor tell who is 'being difficult' and who is a compliant foreign affiliate when the Custodian of Records address can easily be faked? |
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And I am not ANTI-AMERICAN! I AM ANTI-BUSH AND HIS GANG but you're always too worked up about trying to be Pro-American it clouds your comprehension ... :winkwink: |
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The new regulations contain conspiracy language
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(I can't wait until congress figures out they can use 2257 laws to enforce a porn tax.....) |
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