AFFILIATE MARKETING

Affiliate Marketing or Performance Marketing or Network Marketing … call it what you will.  It’s the brave new frontier of the free market.  It’s evolving so rapidly that what we understood a few months ago no longer applies.

But in all this avalanche of change, a few sturdy guideposts remain.  Business still consists of a willing buyer and a willing seller.  Customers can make you or break you.  And government is always there to kibbitz your new ideas.

The unavoidable fact is that as new and cutting edge as Affiliate Marketing is, the old edifice of the law can’t be avoided.  Advertising law, contract law, commercial law and regulatory law all still constrain what you can say and do, even in a market as new and evolutionary as Affiliate Marketing.

This page aims to help people in the Affiliate Marketing Industry stay up to date on developments that affect the industry and to draw attention to the enforcement activity that might be coming.

ARTICLES


CAN AFFILIATE MARKETING NETWORKS BE LIABLE FOR FALSE ADVERTISING?

We know from recent FTC cases about Affiliate Marketing that product producers, advertisers and marketers can be liable for violations of the law.  But what about networks?  A recent  FTC case suggests that networks might not be immune.

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AN OLD SCHOOL MARKETING CASE RAISES RED FLAGS

ROSCA, individual liability, big fines and more:  An FTC case having nothing to do with affiliate marketing recently raised a parade of red flags that the Affiliate Marketing industry needs to pay attention to. 

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THE RISING LIABILITY OF SERVICE PROVIDERS

Liable for just providing services?  Oh, yes.

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