Best Practices For Advertisers and Affiliates
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Latest, breaking news and updates on legal issues and trends affecting affiliate industry.
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Best Practices For Advertisers and Affiliates
- 1. Best Practices for Advertisers and Affiliates A View from the Regulators, ISPs, and Industry Steven Richter President and General Counsel, Media Breakaway, LLC Eileen Harrington Deputy Director, FTC's Bureau of Consumer Protection Bennet Kelley Assistant General Counsel, ValueClick, Inc. Aaron Kornblum Sr. Attorney, Worldwide Sales Group, Microsoft Corp. Pete Wellborn Attorney, Wellborn & Wallace, LLC
- 3. AFFILIATE DRIVES TRAFFIC/SALES TO MERCHANT SITE AFFILIATE PROGRAMS 101
- 4. WHEN IS LIABLE FOR ? AFFILIATE PROGRAMS 101
- 5. LAW 101 Respondeat Superior (Employer liability for employee) Q: Is the Affiliate an “employee” ? A: Control Test: Time & Manner ALMOST CERTAINLY NOT
- 6. LAW 101 Independent Contractors Principal liable for contractor acts only under limited circumstances
- 7. LAW 101 Liability For Contractors’ Acts (Affiliates’) Participation Ratification/Adoption Willful Ignorance Negligent Hiring
- 8. What will your answer be when you receive a demand letter or lawsuit seeking to hold you responsible for the misconduct of your affiliate?
- 9. “ NO PROBLEM!” (. . . if you follow this advice . . .)
- 10. WHO WHAT WHERE WHO WHOM ARE YOU DEALING WITH? (WHO IS YOUR AFFILIATE?)
- 11. WHO WHAT WHERE WHAT WHAT TERMS AND GUARANTEES WILL YOU REQUIRE FROM YOUR AFFILIATE? Eligibility Copyright Acknowledgments Compliance (CAN-SPAM) Compliance (ISP AUP/CEP) Sub-Affiliate Voucher Indemnify, Defend & Hold Harmless Consent to Release Info Boilerplate
- 12. WHO WHAT WHERE WHERE WRITTEN AGREEMENT EXECUTED BY BOTH PARTIES
- 13. WHO WHAT WHERE Seed suppression lists
- 14. Bennet Kelley Assistant General Counsel Director of Govt’l Affairs & Privacy ValueClick, Inc. Westlake Village, CA [email_address] PART TWO ADVERTISING BEST PRACTICES Steven Richter President and General Counsel Media Breakaway, LLC Westminister, CO [email_address]
- 15. These materials have been prepared for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers, listeners and online readers should not act upon this information without seeking professional counsel. The information contained in this presentation and/or web site is provided only as general information which may or may not reflect the most current legal developments. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state. This web site is not intended to be advertising and neither Media Breakaway, LLC nor its officers, members, employees, or agents wish to represent anyone desiring representation. Privacy Concerns & Advertising Content Regulations Three letters you want to avoid : FTC, FDA, DOJ, FBI DISCUSSION TOPICS
- 20. Enforcement
- 38. CONCLUSION Never underestimate the value of giving your competition a bad client. Quarterly attorney review of Privacy Policy. Strict compliance of Privacy Policy. Awareness of current Federal and State law and regulations. The fact that “the competition is doing it” does not make it right.
- 42. QUESTIONS?
Notas del editor
- This is Missy Ward, Director of Public Relations for Media Breakaway – home of CPAEmpire.com and I’m excited to have you all here today for the next in our series of Webinars for our Affiliates and Advertisers, entitled Advertising Best Practices. Joining me today is our Guest Speaker, Steven Richter, President and General Counsel for Media Breakaway. Many of you may have had the opportunity to meet Steven at various industry events, but for those of you that have not, I’ll give you a little background on him. Steven is a highly recognized Internet Law Attorney and has served as General Counsel to many Internet-based businesses. He frequently speaks at various industry events and has published articles pertaining to Internet law and litigation. Steven received his undergraduate degree in Business Administration from Pace University and graduated from Newport University Law School. He obtained his Certified Public Accountant license and began work for Peat, Marwick & Mitchell, CPA's, where he was a tax supervisor specializing in assisting attorneys involved in civil and criminal tax controversy and litigation. In 2001, Mr. Richter made his move to the Internet and has subsequently found his permanent home here at Media Breakaway. We’re thrilled to have him here today to speak on a topic that he knows so well. This Webinar will focus on how advertisers and affiliates can limit their legal risks associated with advertisements and still effectively market online. At the close of this presentation we’ll open it up to a brief Q&A session. You can submit questions throughout the webinar, using the form shown on your screen. A replay of this presentation will also be available after the webcast. So without further ado, I’d like to introduce Steven Richter who is going to get into today’s Discussion Topics.
- Steve presents and talks about slide. End of Slide: [Missy]: I know something that you’re always drilling into our heads here at Media Breakaway is for us to make sure that we’re complying with all of the regulations surrounding the word “Free”. Can you give us the scoop on how that word can be used and what the ramifications are if they’re not used right…
- Steve presents and talks about slide. End of Slide: [Missy]: I know something that you’re always drilling into our heads here at Media Breakaway is for us to make sure that we’re complying with all of the regulations surrounding the word “Free”. Can you give us the scoop on how that word can be used and what the ramifications are if they’re not used right…
- Steve Presents and Talks about slide
- Steve presents and talks about slide. End of Slide: [Missy]: This is a lot of information Steve. Is there any place that our advertisers and affiliates might be able to get more information on how to comply with best practices today?
- &
- Steve presents and talks about slide. End of Slide: [Missy]: I know our Compliance Department kicks back creatives to our advertisers and makes additional suggestions to our affiliates regarding hyperlinks to disclosures all the time. Can you talk about that a little for us today.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- Steve presents and talks about slide.
- This is a lot of stuff. Again, I assume you are going to explain with examples.
- This is a lot of stuff. Again, I assume you are going to explain with examples.