This is just been on my mind since I'm reluctant in trying advertising a certain popular item. Could an affiliate get sued for a product that doesn't work and/or possiblly causes someone's death, injury or loss of property, or is it the publisher who would be liable for that since he is the originator of the product. If so how do you protect yourself as an affiliate from getting sued?
Somebody made an interesting point about this over on the WarriorForum. The implication was if you put a clause in your TOS that specifies the product is for entertainment purposes only, this could circumvent such a situation. But I think you would have to look at your terms VERY CAREFULLY (or seek legal advice) if you were promoting a product that, whether through proper usage or through misuse, could have life-threatening side-effects. Rick
hmm, i would like to hear more on this, I would think the person who made the product would be more liable....
Well, as I understand it, an affiliate promotes a product - but does not sell it. So the seller is responsible. However, let's say you are promoting a DIET ebook as an affiliate and you GUARANTEE a loss of 50 lbs within 30 days - in that case you might get sued for false advertising. I think. ALex
Interesting question. I think the publisher may specify in the TOS/disclaimer that he/she is not liable for any loss, injury, side effects etc. Therefore the affiliates may not be held responsible as they are only promoting the product. This is only my opinion, could be wrong.
i highly doubt you could be responsible for anything that happens with a product, your just advertising it, not actually selling it.
The problem is even if proper disclaimers are stated, people can still sue.. That does not mean that they will win tho.. I can sue anyone because I don't like the way they look.. I probably won't win, but I can still sue.. If a vendor or affiliate gets sued, to defend will cost many many thousands of dollars. So the person getting sued has two options.. Settle or pay the lawyer costs and go to court. Either way sucks... Best practices for any serious marketer is to set up a LLC or a corporation. Put yourself on your LLC payroll and your personal assets are protected. If a law suit arises, speak to a financial adviser about the best way to liquidate the company asap, and the person suing will have to go after the company, not you. You may lose your website or clickbank product, but you will keep your house
You may not be held legally liable for any damages in the end, but some cantankerous old f*** with deep pockets could always try to run you through the mill along with the publisher. I guess all you can do is try to minimize your exposure as much as possible with a solid TOS.
I personally dont think so I would say that in the vendors sales page that it would be covered in there terms and conditions etc covering everything.
Agreed! LLC is the best way to go! that is why I have one! And I am looking to pickup a couple more soon! Tom Howell The Forex Guy
Affiliate are not responsible for the product. All the responsibility of the product is on the publisher. Affiliates are the middle people, who connect customers and publishers together, they have nothing to do with the product.
I agree with bl4ckman. I don't really think it's feasible for an affiliate to get sued. I don't have any law background to back up that claim though But it seems like if someone were to sue over a product they bought - they would be suing the product producer, not the affiliate. I mean most folks probably long forgot who the affiliate was, or never even knew there was such a thing as an affiliate. But I have set up an LLC for my product partly because of the chance of being sued. I don't use LLC for my affiliate marketing though, I don't think it's necessary.