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  1. #1
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    Red face Website Disclaimers...

    Hi,

    A good Disclaimer on a website enhances the credibility of the site.

    Now,

    As an affiliate running a site what should be included in a disclaimer?

    Since an affiliate's main purpose is to provide informations about their merchant's products and services, other than anything else, I think it becomes necessary to let the visitors know that affiliates are independent from any claims or promises offered by the merchants.

    If You have any content idea or an outlook or an example of a good and appealing disclaimer then please let me and other affiliates know.

    Thank you,

    Yours,

    Devasish

  2. #2
    Word Painter silver trophy Shyflower's Avatar
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    You can usually find such disclaimers in privacy policies. Here's a link to a privacy policy generator;

    http://www.the-dma.org/privacy/creating.shtml
    Linda Jenkinson
    "Say what you mean. Mean what you say. But don't say it mean." ~Unknown

  3. #3
    SitePoint Guru bronze trophy
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    Does Your Blog Need a Disclaimer has some interesting examples, including the appeal aspect.

  4. #4
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    Unless you have something to lose by someone suing you I don't see the reason for disclaimers. I see a disclaimer on a site and I immediately know that the site is selling something or affiliated with someone selling something. While I am comfortable with affiliate marketing and hence don't care, I know plenty of people who would see that as a que to leave the site.
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  5. #5
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    It's hard to imagine there's nothing to lose even in a simple situation like this. You can mislead people into making purchases with false statements, claims in advertisements that aren't true, etc.

    An affiliate is essentially acting as a soliciting agent. You're not a party to any contracts between your principal (the company you're marketing for) and third parties, so you can't be sued for breach of those contracts, but as an agent you have fiduciary duties to your principal.

    It's almost definitely the case that if you do something which causes the company harm, such as getting them sued for your false claims of what the product or service can do, you've likely breached some fiduciary duty in the process (loyalty, obedience, information, etc) or more simply breached the affiliate terms you agreed to... and will end up liable for those damages you caused.

    That's where a couple disclaimers could come in handy in protecting yourself from accidentally making promises you don't intend.

  6. #6
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    Quote Originally Posted by Dan Grossman View Post
    It's hard to imagine there's nothing to lose even in a simple situation like this. You can mislead people into making purchases with false statements, claims in advertisements that aren't true, etc.

    An affiliate is essentially acting as a soliciting agent. You're not a party to any contracts between your principal (the company you're marketing for) and third parties, so you can't be sued for breach of those contracts, but as an agent you have fiduciary duties to your principal.

    It's almost definitely the case that if you do something which causes the company harm, such as getting them sued for your false claims of what the product or service can do, you've likely breached some fiduciary duty in the process (loyalty, obedience, information, etc) or more simply breached the affiliate terms you agreed to... and will end up liable for those damages you caused.

    That's where a couple disclaimers could come in handy in protecting yourself from accidentally making promises you don't intend.
    Oh without question, I was referring to an instance where there are no false claims (or any claims at all, really). I have several websites setup where the only form of aff marketing is banner rotators from the network. The content is all directed towards something relatively unrelated, so in that situation I do not feel the need to have a disclaimer as there is really little mention of the advertising at all.
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  7. #7
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    Quote Originally Posted by DCrux View Post
    Does Your Blog Need a Disclaimer has some interesting examples, including the appeal aspect.
    Hi,

    Thank You for the link. It's informative.

  8. #8
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    Quote Originally Posted by Dan Grossman View Post
    It's hard to imagine there's nothing to lose even in a simple situation like this. You can mislead people into making purchases with false statements, claims in advertisements that aren't true, etc.

    An affiliate is essentially acting as a soliciting agent. You're not a party to any contracts between your principal (the company you're marketing for) and third parties, so you can't be sued for breach of those contracts, but as an agent you have fiduciary duties to your principal.

    It's almost definitely the case that if you do something which causes the company harm, such as getting them sued for your false claims of what the product or service can do, you've likely breached some fiduciary duty in the process (loyalty, obedience, information, etc) or more simply breached the affiliate terms you agreed to... and will end up liable for those damages you caused.

    That's where a couple disclaimers could come in handy in protecting yourself from accidentally making promises you don't intend.
    Hi,

    I totally agree. No wonder I've been thnking about posting a disclaimer on my blogs. I went thru a lot of sites, took a peek at their disclaimers.

    It's good to declare your responsibilities and your main purpose when you're offering your reader's informations you consider good for them.

  9. #9
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    Could you also guide me in the legal aspects of a website, like, hiring a lawyer and other legal processess?

    Thank you for your time and effort.

  10. #10
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    You might look for a lawyer that specializes in small business or IP to help write any contracts you need to set up the site. If you don't expect any extraordinary risk of liability, you probably don't need one at all.


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