No Comments on Legalities?
I posted the below a while ago and only got 1 basic answer so just thought I would ask again, I will be talking to professional about this but just wanted to get the communities thoughts on it.
Just a thought for you all, do you know your legal risks?
Do the legal risks lie with Wealthy Affiliate?
When you make an affiliate sale on your site who holds the legal responsibility, you the affiliate or the company you are affiliated with?
What is legally required to comply with the laws, does it change for different countries?
Do you just need a disclaimer on your site? Is the same disclaimer good for ALL countries (I am in Australia)
Keen to know your thoughts let me know what you think.
Dave
Recent Comments
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If it is understood that you are an affiliate, then you'll need an "affiliate disclosure". More likely, you would need an "affiliate disclaimer" if you have written info especially about health, food and herbs, exercise, claims about wealth, etc. Now, making sales is more like an affiliate disclosure, where you just sell info and products with links for the main company/companies as an affiliate. It can be tricky, but depending what you have on your website, it can call for a disclaimer and a disclosure.
You must protect your self at all times. In this case about making a sale on W.A. as an affiliate, you'll need both. People might joined thinking that they'll be rich making money here quickly but that is not typical. You'll definitely need a disclaimer on that including your affiliate disclosure. But if you word it differently for educational purposes only, without making any claims, then you'll need just the affiliate disclosure.
Unless you owned the company and are selling your products yourself, you will be held accountable if anything should proceed to a legal dispute between you and the buyer/user. In this case only a disclaimer is needed. All the best!
Thank you for the detailed response, I am glad to hear that I am on the right track with the legal side of things.
I will need a disclaimer & disclosure on my sites and that is what I was thinking as well.
Thanks, BrightSales
I was also thinking about this for a while...
In my opinion, if we are affliates of a product, we are just basically giving them a link i.e. to Amazon... the actual sale didn't happen in our site... it happened in Amazon... so if something wrong happened with that sale it should be settled between Amazon or most likely with the product's manufacturer... maybe our site will suffer the loss of credibility if that kind of thing happen but nothing seriously legal...
I'm gonna wait for other members' answer... hope we get some from the experienced ones
When it comes to products we market as affiliates and it is health related we put a disclaimer in our pages. But from what we know the affiliate seller and manufacturer are liable. We just do the marketing (of course only use what the manufacturer provides) As affiliate marketers we have no responsibility for returned merchandise.
That's our thoughts. We are in the USA.
I'm not really sure, but a good source might be to drop a line to Kyle about this! I am holding on to see if you get any answers, Dave, as this is a valid question!
Jeff
Yes, that is why I posted it again Jeff.
Like I said I will be talking to a legal professional about this topic soon but really wanted to get an idea of what really is required first.
I have received a government grant to start a small business and they are paying for me to do a Cert IV in small business. My business will be affiliate marketing with the help of WA. Because of this, I have to have public liability insurance, which I have.
Part of the grant that I am on is that I have a business mentor, we catch up for a review once a month. He suggested that I need to know what my legal risks and liabilities are and asked what do I need to do so I am covered, hence my questions.
I will find the answers I need just thought I would run it past the community first, will see if I get any answers this time.
Dave
Awesome, Dave! I hope someone comes through, but you can always reach out to Kyle if they don't!
Jeff
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Hello, David. I am not really sure but I thank you for turning our attention to this topic. Will read on, learn, and apply. Thank you for your valuable contribution to the WA community through your legal question. Rupert.