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Affiliate Disclaimers? Affiliate Reviews

Discussion in 'General Affiliate Marketing Forum' started by Linda Buquet, Dec 1, 2006.

  1. Linda Buquet

    Linda Buquet <span style="color: #daa520;font-weight: bold;">Me

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    I typically don't give advice by email because it's a waste of my carpal tunnel to type a long answer that only one affiliate can read. I try to save my hands for blogging and the forums where I can help lots of people who can read my answers.

    Just got a good question by email though that I answered and thought I should share here.

    I am very confused regarding one thing and desperately looking your advice. I will be very thankful to you if you little bit clarify me that please.

    Is we need to put disclaimer on review websites (review affiliate programs)?? Are we responsible, if anything goes wrong with the customer with the merchant, for references we are giving to people for a particular merchant or so.

    I just want to know an expert opinion like you and what your experience says. I will be very thankful to you if you little bit clarify me that please.


    Well it doesn?t hurt and in some cases an affiliate could be held liable.
    Couple examples ? only MY opinion and not legal advice.

    If you had links to a shoe store and someone was unhappy with service or merchant, I would not worry about it too much. I mean obviously you want to pick reputable merchants but you can?t be held liable for their service.

    A couple area you DO need to be careful about ? not only for repercussions from customers but from possible legal or even FTC issues are: 1) Income claims 2) Product claims, especially health related products.

    1) If you say "make a million in your PJs with no work" or even something much less blatant you could get in trouble. Also be careful of the word guarantee.

    2) Imagine if you made a claim (even if the merchant states this on their site) that XYZ was a cure for cancer, or XYZ is guaranteed totally safe. Especially if you write your own review and embellish the facts, if an consumer found the product due to your marketing and died or something, I am sure the family would seek damages however they could.

    The FTC of course is always on the look out for unsubstantiated medical claims as well as income claims.

    Anyone else have any thoughts about this?
     
  2. Teli

    Teli Affiliate affiliate

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    Linda,
    I believe you're absolutely right. On the affiliate review sites that I have, there is a disclaimer (even for the non-medical, money-making ones). One cannot be too careful in our litigious society.

    Ultimately, just make sure the reader understands that the review site is simply that - a review site - and can't be held accountable for what the merchant does or does not do or any claims the merchant makes.

    The disclaimer, however, doesn't absolve the reviewer from making illegal claims or inferences. When managing a site like that, it's important that you keep your nose clean and do some fact checking before posting anything. And in the event you're not sure about something, leave it out. :)

    ~ Teli
     
  3. Linda Buquet

    Linda Buquet <span style="color: #daa520;font-weight: bold;">Me

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    Good points all Teli. Thanks for posting!
     
  4. freinhm

    freinhm Affiliate affiliate

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    A Delicate Question

    Hi,

    Does anyone have info on writing disclaimers beside going to a lawyer
    (not in the budget). Or know of where to obtain free info on the subject.
    I never had to write one before.

    Thanks, Lester :cool:
     
  5. bfree74

    bfree74 Affiliate affiliate

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    I was curious about this subject as well, I have asked around about writing disclaimers and I am not sure either if you need to have a lawyer write it for you or if I can do it myself.
     
  6. Linda Buquet

    Linda Buquet <span style="color: #daa520;font-weight: bold;">Me

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    Writing disclaimers is easy! Here's a few to get you started!

    "If you do not understand, or cannot read all directions, cautions and warnings, do not use this product.
    This product is meant for educational purposes only. Any resemblance to real persons, living or dead is purely coincidental. Void where prohibited. Some assembly required. Batteries not included. Contents may settle during shipment. Use only as directed. No other warranty expressed or implied. Do not use while operating a motor vehicle or heavy equipment. This is not an offer to sell securities. Apply only to affected area. May be too intense for some viewers. For recreational use only. Do not disturb. All models over 18 years of age. If condition persists consult your physician. No user-serviceable parts inside. Freshest if eaten before date on carton. Subject to change without notice. Times approximate. Simulated picture. Breaking seal constitutes acceptance of agreement. For off-road use only. As seen on TV. One size fits all. Contains a substantial amount of non-tobacco ingredients. Colors may, in time, fade. We have sent the forms which seem to be right for you. Slippery when wet. For office use only..." (More at the link below.)

    He he, Ha ha! :p
    This was #1 when I Googled "how to write product disclaimers"
    http://bloxword.ca/disclaim.htm

    So that was my fun answer, I don't have a serious one, but I bet there is information out there somewhere. Many time the merchant, especially if it's herbal or health products will have a disclaimer. Possibly they paid an attorney to write or review it. So that may be a good place to at least start.
     

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