Does anyone see any legal issues in running a celebrity poll to profit from it... e.g. "Should [insert celebrity name] go to prison" or "Is Don Imus a racist?" (as in SeoDave's thread), vote yes or no, then off to the Zip submit or affiliate offer page.
It is always difficult to speculate about the potential for
legal issues. And impossible to foretell.
A friend and I were just discussing this today (in regards
to e-mail spam, but the principle is still relevant here).
Avoiding potential legal issues is often less about being
right or wrong and more about assumption of risk.
Here is what I mean...
The litigious environment in the U.S. enables anybody to
bring a suit against another person for any perceived
wrong. That implies potential financial costs (legal,
punitive, etc.) as well as expenditure of other resources
(time, human resources, etc.).
So, will you have legal issues if you pursue SEODave's
path? It is impossible to be certain. The only true answer
is "maybe."
Ultimately, what drives small business owners (including
affiliates) is risk analysis and risk tolerance. That is, how
much risk do you believe there truly is and how much
risk are you willing to assume to pursue a given path.
Most PPC affiliates have a high tolerance for risk. That is
neither good or bad. It is simply a business decision.
Nothing more.
So should your choice be of deciding whether or not to
pursue SEODave's path.
Side note: Much of the "PPC to Lead" offers are quick to
monetize. Further, most aggrieved parties are likely to send
a C&D to stop whatever action they find objectionable.
There is very little risk in pursuing a path others may find
objectionable with the intention of making money quickly
and pulling the campaign(s) when the C&D arrives.
That said, if a person or company wants to make an
example of you to set a precedent and opts to skip the
C&D step, you could be screwed.
Ultimately, the decision should be a logical one based upon
risk analysis and risk tolerance for any given set of
circumstances.
