Legal Video – Should Merchants Be Held Liable for Affiliate Actions
Should merchants be held liable when their affiliates break the rules or even break the law, in the case of spam, for instance? Is having a TOS enough to protect the merchant from affiliate’s actions? How important is it to police affiliates and enforce the TOS?
Here’s a legal discussion about a suit that involves the Federal Trade Commission, Impulse Media Group and some of their affiliates. In this case the merchant was NOT held liable for it’s affiliate’s actions.
SMX West Video – Legal: Affiliate Marketing Case Study
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#1 Ghazz wrote on Monday, March 2nd, 2009:
Interesting topic which need to be discussed. Merchant I suppose should not be held responsible totally if the affiliate break the rules but the problem is the affiliate sometimes due to their eagerness to market the product might unintentionally spamming. Sometimes it doesn’t very clear about the extend of spamming.Certain people doesn’t seem to bother when their email being loaded with emails.,they simply block it while others might repor it as spamming. How could you stop and advert from running on the television ect.ect..At the end of the day everybody should be responsible in what ever action they have taken.