Hi, Let's say I have this affiliate site. And there is a product X that every other affiliate is promoting. Let's say I honestly don't believe product X is of benefit and is not worth the money. I believe people should not spend their money on product X and I'm affiliate promoting products that they should buy instead of that product X. Can I be sued for this if I name the product by name? Let's say I simply say that many people are promoting product X but I tell them that it's not worth their money and any affiliate saying otherwise just wants to earn a commission at their expense. Can this be considered libel? Provided that everything I say is factual? What about me telling them that their are other products I've listed that they should buy instead of product x? Would appreciate a clear answer from someone who is confident they know what they are talking about.
So long as what you say is truthful and you follow FTC guidelines regarding your financial incentives for promoting a different product, you should be fine. Marketing is done in this manner all the time - naming competitive products. For example, Chevy commercials saying Toyota trucks are inadequate for some reason and Chevy is a better buy.
Why mention the other product by name? To get traffic of people searching the other product? Using someone else's name to earn money always opens you up to lawsuit for trademark violation. That doesn't mean you can't defend your position but who wants to do that? Not I. It might be a good idea but it also might be risky. They probably wont sue you. Instead they will probably ask you to stop, unless you have lots of money or if they do. The other thing is if you really piss them off and they are the fighting kind.......... If you don't have a good reason for mentioning the name, I wouldn't.
Have you used or tried product x? If not, then you are opening yourself up to legal problem, by making up a review for something you never used. If you did use it, then feel free to share your opinion that others should not use it.
If what you state is factual and can be proven then it is not going to be liablous but, just because you can/ will "win" doesn't mean that you will avoid a law suit. You may end up spending a lot of time and money defending your statement even if the otherside never actually wins damages (plus the Law is never a certainty as it comes down to opinion). Certainly in the UK these costs are not recoverable unless it actually gets to court and that is purely in the hands of the other party.
This is one of those questions where a 10 word answer just won't do. I would recommend that before you proceed with your plains that you discuss the products, what you want to say and your marketing program with a knowledgeable attorney before instituting action.