The Risk: Among those with the highest risk in the Internet space are Affiliates and Publishers. Left unprotected, they may be subject to investigation and sanction by the Federal Trade Commission, State Attorney Generals, or ISP’s. Recently, there have been several cases where Affiliates and Publishers have been held responsible for the Advertisers’ marketing practices and business models. Laws regarding data collection and use, as well as deceptive advertising standards, are changing constantly, posing further risks upon Affiliates and Publishers.
Even if Affiliates are able to steer clear of the escalating government investigations by the Federal Trade Commission, Department of Justice, and State Attorney Generals, if they don’t understand their contractual agreements, a dispute with the Network or Advertiser may result in loss of an entire commission. Similarly, Affiliates and Publishers may find themselves indemnifying the very Networks or agencies they are working with, for claims unrelated to the Affiliates' mailing practices or hosting domains.
Guides to Compliance for Publishers
Checklists for Compliance for Publishers
Standard Forms for Publishers
