#ASE14 – The critical legal mistakes affiliates make *and how to be(come) FTC compliant
Eric Crusius from Fed Nexus Law talks about the most common (and easy to fix) mistakes affiliates make.
- Treat your business like a business and incorporate (e.g. via Legalzoom.com) – this protects your personal assets. Keep the assets seperate, e.g. have separate bank account etc.
- Have contracts with your stakeholders in place! (e.g. how intellectual property and promotional material/logos can be used)
- Always use the company's name when you sign a contract.
- Everything is automatically copywrighted! Also, learn the basics of trademark use and copywright laws.
- Being honest in your marketing! Don't make false claim, always back it up. No deceptive formats (fake news stories), no false endorsements, no substantiated claims, …
- If you offer „free trials“, make sure that the customers can get in touch with you and return the product.
- Don't SPAM! Use accurate subject lines, have an opt-out, and only use permission based email optins.
- If you use adword campaigns, be sure not to use some else's trademark in your ad.
- Don't user other peoples photos!
- Understand your risks as an affiliate – read the contracts etc. you have with your networks.
- Protect yourself from the „enemy within“ – e.g. business partners that are trying to take over, freelancers that go rogue and steal data, employees that engage in cyber attacks or hacking,…
- Protect yourself from external enemies, e.g. bad reviews on Yelp.com etc. Monitor these sites and take action if necessary.
- Pay attention to the Google autocomplete – e.g. if you type in „XYZ“, Google can show suggestions like „XZY Scam“.
- Register your name on social media, top level domains, copyrights, monitor your brand (e.g. with Google Alerts)
- Don't be afraid to ask a professional for help!
Now, just get on it and do it!