Can Affiliates Get In Trouble?

[HarveyJ]

Agreed.

I saw a BowFlex commercial the other day, you know, the one with the ripped muscular guy using it? Why is nobody going after them, are we supposed to really believe he got that way using BowFlex? I see no difference between these type of "scams" and web pages. And worse, the BowFlex commercials are televised and seen by millions.

It's a perception thing.
I covered it in a reply to another post where the person had a similar sentiment.

Long story short: People have developed perception filters for TV, radio and print advertising... but most people are fucking idiots and still believe everything they read on the internet (meet a domainer called Adatise sometime, perfect example), especially if it's in a "blog" or "news article" format because those appear to be genuinely personal or authoritative sources... supposedly.

 

[Roundabout]

Long story short: People have developed perception filters for TV, radio and print advertising... but most people are fucking idiots and still believe everything they read on the internet (meet a domainer called Adatise sometime, perfect example), especially if it's in a "blog" or "news article" format because those appear to be genuinely personal or authoritative sources... supposedly.

Harvey - I completely agree with you and that makes total sense. But, in terms of a legal argument why one medium should be exempt over another, it wouldnt hold water in the courts, which is all we're thinking about these days.

 

[fvaldes]

Agreed.

I saw a BowFlex commercial the other day, you know, the one with the ripped muscular guy using it? Why is nobody going after them, are we supposed to really believe he got that way using BowFlex? I see no difference between these type of "scams" and web pages. And worse, the BowFlex commercials are televised and seen by millions.

agreed. tv is full of deceptive ads. the bowflex guy got that way doing free weights and lots of roids...

 

[fvaldes]

Well really, if you do enough research you should pretty much be able to figure out what companies are legit, and which are of a scammy nature. Thus eliminating the worry factor. You should be comfortable with the people or companies you decide to do business with before well, doing business with them. If doing research is too time-consuming try sticking with companies you actually know and are well aware of and have been in business for years. There are plenty of those alone in which you can use.

I don't believe however that if you're just a middleman that you can really be held accountable for anything, really. In fact, if you don't make loads of money from them noone would even waste their time with you. Most people that sue aren't necessarily after justice but the plenty of money they might be able to syphon out of someone. It's quite horrible, really.

justice in the us is an ATM with no access card

 

[kidChaos]

TV is easier to get away with shit than the internet, and it will continue to shift that way.

As an affiliate, you're typically a publisher. If you're creating banners, adcopy, landing pages, jump pages, etc or in anyway publishing content you'll be held liable to the same stipulations advertisers have to adhere to. It's just the nature of the game.

 

[ep5794]

A lot of these "free trial" offers are linked to scammy advertisers. My question is - can the affiliate be held responsible for fraud, etc. if the advertiser:

- Doesnt let them cancel
- Bills their card beyond the agreement
- Uses false advertising

?

Get what i'm saying? Is anyone else worried about this?
What should we be doing to make sure we're safe.

Thanks

You can get in trouble if your creative has false advertising. Even if it was provided by the advertiser. As a marketer you're ultimately responsible for the creative you display. There have been many networks and publishers that have been sued over this stuff.