Is Your Online Business Legal
*
MARCH 2007: ONLINE MARKETING WEB DESIGN PROFESSIONAL SHOWS YOU HOW
TO AVOID THE INTERNET POLICE BY EXPLAINING THE FTC RULESYOU MUST KNOW
AND PRACTICE!
"I DID NOT HAVE S*X WITH THAT WOMAN."
WATCH WHAT YOU SAY!
IS YOUR ONLINE BUSINESS LEGAL?
WHAT YOU SAY -- OR DON\'T SAY -- COULD PUT YOU ON THE FTC WATCHLIST
FROM: LARRY JAMESON, AUTHOR OF _IS YOUR ONLINE BUSINESS LEGAL?_
DATE: MARCH 8 , 2007
RE: IS YOUR ONLINE BUSINESS LEGAL?
THIS JUST MIGHT BE THE MOST IMPORTANT LETTER YOU\'LL EVER READ. NOW
I KNOW YOU\'RE PROBABLY SKEPTICAL. THAT\'S NORMAL AND HEALTHY. LET ME
PROVE WHY THIS LETTER IS SO IMPORTANT TO YOUR ONLINE BUSINESS.
FLORIDA COUPLE BANNED FROM SELLING
WORK-AT-HOME
BUSINESS OPPORTUNITIES
THIS IS NOT A HEADLINE YOU WANT DESCRIBING YOUR ONLINE BUSINESS, BUT
IT\'S A REAL HEADLINE!
CAN YOU IMAGINE TRYING TO EXPLAIN TO A PROSPECTIVE EMPLOYER HOW YOU
GOT FIRED FROM SELF-EMPLOYMENT?
"SIR, WHAT WAS THAT? OH, WELL, YOU SEE. MY BUSINESS WAS SHUT DOWN BY
THE GOVERNMENT -- UH, BUT IT WASN\'T MY FAULT."
"SIR, UH, WELL...YOU SEE. MY BUSINESS...WELL, YOU SEE. I WAS KIND OF
LIKE THAT BIG CORPORATION DOWN IN ARKANSAS. YOU KNOW. AXCIOM. I BUILT
CONSUMER LISTS, YOU KNOW...UH, SORT OF LIKE THEY DO. AND I EARNED
MONEY BY SELLING THOSE LISTS."
"WHAT WAS THAT? UH, WHY DID THEY SHUT ME DOWN AND NOT SHUT DOWN
AXCIOM? WELL, I ASKED \'EM THAT. IT WAS SOMETHING ABOUT AXCIOM DOING
IT LEGALLY AND ALL. HOWEVER, I THINK IT WAS A POLITICAL THING. YOU
KNOW, WITH BILL CLINTON BEING FROM ARKANSAS AND ALL."
"WELL, YES, SIR. I DO KNOW THAT HE\'S NOT THE PRESIDENT. HUH? OH,
YOU DON\'T THINK GEORGE BUSH HAS THE SAME RELATIONSHIP WITH ARKANSAS.
WELL SIR. YOU KNOW, MR. BUSH...HE\'S FROM TEXAS, AND THAT\'S RIGHT
NEXT DOOR TO ARKANSAS."
"WHAT\'S THAT YOU SAY? WHAT DOES ARKANSAS AND TEXAS HAVE TO DO WITH
ME GETTING FIRED BY THE FTC? UH,..." (_excerpt_)
WEB SITE OPERATORS TO PAY
$30 MILLION
TO SETTLE FTC CHARGES
HERE\'S ANOTHER HEADLINE TAKEN FROM THE FEDERAL TRADE COMMISSION
WEBSITE. OR, TAKE THE CASE OF AMERICAN POP CORN COMPANY. THEY FAILED
TO DO ONE THING WHEN COLLECTING PERSONAL INFORMATION FROM WEBSITE
VISITORS -- AND PAID A $10,000 FINE!
If You Are Marketing Online, Your Website Is One Big Advertisement.
It Contains Product Information, Claims About Those Products, Perhaps
Testimonials About Them -- each Of Which Is An Area Under The
Jurisdiction Of The United States Federal Trade Commission.
ARE YOUR CLEAR AND CONSPICUOUS DISCLOSURES AS CLEAR AND CONSPICUOUS
AS, "I DID NOT HAVE S*X WITH THAT WOMAN."
OKAY, SO CLEAR AND CONSPICUOUS IS ONE THING AND PROVING IT IS
SOMETHING ELSE. BONZI SOFTWARE WAS PRETTY CLEAR AND CONSPICUOUS ABOUT
THEIR CLAIMS -- JUST LIKE THE PRESIDENT WAS. BUT, ALSO LIKE THE
PRESIDENT, THEY COULD NOT PROVE THEIR CLAIMS.
BONZI WAS ORDERED TO
REFUND ALL MONIES
COLLECTED FROM SALES
OF THEIR PRODUCT.
ALL OF BONZI\'S ADVERTISING MUST BE APPROVED BY THE FTC FOR A PERIOD
OF FIVE YEARS, AND OTHER PARTS OF THE ORDER AGAINST THEM DO NOT EXPIRE
UNTIL 2024!
UPDATE - JANUARY 30, 2007: SONY BMG MUSIC ENTERTAINMENT ENTERS
SETTLEMENT AGREEMENT WITH THE FTC FOR VIOLATING FEDERAL LAW BY SELLING
CDS WITHOUT TELLING CONSUMERS THAT THEY CONTAINED SOFTWARE THAT
LIMITED THE DEVICES ON WHICH THE MUSIC COULD BE PLAYED, RESTRICTED THE
NUMBER OF COPIES THAT COULD BE MADE, AND CONTAINED TECHNOLOGY THAT
MONITORED THEIR LISTENING HABITS TO SEND THEM MARKETING MESSAGES.
SO WHAT?
WHAT DOES ALL THAT HAVE TO DO WITH MY AFFILIATE MARKETING WEBSITE?
AFFILIATE MARKETING: YOU PROMOTE PRODUCTS OR SERVICES, RIGHT? THAT
PRODUCT OR SERVICE PROMOTION IS ADVERTISING, RIGHT? IS YOUR
ADVERTISING WORDED LEGALLY? BONZI\'S ADVERTISING CLAIMS WERE NOT LEGAL
ACCORDING TO THE FTC. CDNOW\'S ADVERTISING OMISSION OF FACTS WAS NOT
LEGAL ACCORDING TO THE FTC.
IS YOUR ONLINE ADVERTISING LEGAL?
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 3 -- WEBSITE, EZINE AND EMAIL
ADVERTISING EXAMINES "RIGHT TO REFUSE" - "USE OF TESTIMONIALS AND
ENDORSEMENTS" AND, AMONG OTHER THINGS, PROVIDES ANSWERS TO TWO VERY
IMPORTANT QUESTIONS:
CAN YOU SUBSTANTIATE YOUR CLAIMS?
CAN YOU SUBSTANTIATE THE CLAIMS OF YOUR PRODUCT OR SERVICE
PROVIDERS?
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 4 -- USE OF THE WORD "FREE"
EXAMINES HOW, WHEN, WHY AND WHERE YOU CAN USE THE WORD FREE IN YOUR
ADVERTISING.
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 5 -- USING TESTIMONIALS AND
ENDORSEMENTS LAYS OUT THE RULES ABOUT QUOTING OTHER PEOPLE\'S OPINIONS
OF PRODUCTS AND SERVICES AND WHEN YOU MUST STOP USING THEIR OPINIONS.
* WHAT IS AN ENDORSEMENT?
* WHO IS AN EXPERT?
* WHAT IS THE GOOD REASON RULE?
* WHAT IS THE CLEAR AND CONSPICUOUS RULE?
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 6 -- SUBSTANTIATING
ADVERTISING STATEMENTS TAKES A LOOK AT THE QUESTION: WHAT DOES THE FTC
LOOK FOR? YOU SHOULD KNOW THAT THIS ONE TOPIC IS A PRIMARY REASON THE
FEDERAL TRADE COMMISSION EXISTS!
IS YOUR WEBSITE, BLOG, LENS OR "WHATEVER" LEGAL?
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 8 -- PRIVACY POLICY
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 9 -- TERMS OF USE POLICY
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 10 -- EARNINGS DISCLAIMER
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 11 -- AFFILIATE AGREEMENT
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 12 -- CHILDREN\'S ONLINE
PRIVACY PROTECTION ACT (COPPA)
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 13 -- TRADEMARKS AND META
TAGS
DO YOU SELL EBOOKS?
OF COURSE EVERYTHING MENTIONED ABOVE APPLIES TO YOUR EBOOK
PROMOTIONS, BUT LET ME ASK YOU THIS: DO YOU SELL EBOOKS FOR WHICH YOU
HAVE OBTAINED "RESELL RIGHTS"?
MORE IMPORTANTLY, LET ME ASK YOU THIS: IS THAT RESELL RIGHTS
AGREEMENT LEGAL? OR, DOES IT VIOLATE ANTITRUST LAWS MONITORED BY THE
BUREAU OF COMPETITION OF THE FEDERAL TRADE COMMISSION? I HAVE RESELL
RIGHTS TO OVER 100 EBOOKS; MOST OF THEM CONTAIN A STIPULATION THAT I
CANNOT LEGALLY AGREE TO AND, THEREFORE, I DO NOT SELL THOSE EBOOKS. DO
YOU?
COPYRIGHT LAWS AND YOU
WHAT IS COPYRIGHT? WHEN IS IT EFFECTIVE? HOW LONG DOES IT LAST? DO I
NEED TO REGISTER WITH THE COPYRIGHT OFFICE?
MARKETING ONLINE HAS CHANGED. NO LONGER IS THE WRITTEN WORD THE ONLY
FORM OF ADVERTISING AVAILABLE. AUDIO FILES AND VIDEO FILES HAVE BECOME
AN IMPORTANT ENHANCEMENT TO OUR BUSINESS. AND THEY BRING NEW COPYRIGHT
RULES TO ONLINE MARKETING.
THE WORLD HAS CHANGED. THE INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT
ACT WAS INTRODUCED IN THE UNITED STATES SENATE FEBRUARY 7, 2007. YOU
PROBABLY ALREADY KNOW WHY BUT ALLOW ME TO QUOTE, "TERRORIST GROUPS
HAVE USED THE SALE OF COUNTERFEIT GOODS TO FINANCE THEIR ACTIVITIES."
SO WHAT?
WHAT DOES ALL THAT HAVE TO DO WITH MY ONLINE BUSINESS?
LET ME ASK YOU THIS: WHEN YOU GO TO THE AIRPORT, ARE YOU ALLOWED TO
BYPASS SECURITY...OR, DO YOU STAND IN LINE JUST LIKE EVERYONE ELSE? IF
YOU ARE ALLOWED TO BYPASS SECURITY, YOU PROBABLY HAVE NO NEED FOR THIS
EBOOK. ALL OTHERS, KEEP READING.
ARE YOU SELLING SOME OF THOSE "COUNTERFEIT GOODS"?
ARE YOU SURE? DO YOU THINK SOMEONE FROM THE GOVERNMENT MIGHT CHECK
YOUR SITE SO THEY CAN BE SURE?
IS YOUR ONLINE BUSINESS LEGAL? CHAPTER 14 -- HOW AFFILIATE PROGRAMS
OFFER PROTECTION
CHAPTER 16 - SELLING ON THE INTERNET
ENFORCED BY THE FTC, THE MAIL OR TELEPHONE ORDER RULE APPLIES TO
ORDERS PLACED BY PHONE, FAX OR THE INTERNET. ARE YOU FAMILIAR WITH THE
PROMPT DELIVERY RULE? ARE YOU FAMILIAR WITH REFUND RULES? OF COURSE,
EVERYTHING YOU HAVE READ PRIOR TO THIS ABOUT MY EBOOK, _IS YOUR ONLINE
BUSINESS LEGAL?_ ALSO APPLIES TO SELLING ON THE INTERNET.
IS YOUR ONLINE BUSINESS LEGAL?
Available For Windows Users Only
INSTANT ZIP FILE DOWNLOAD
ONLY $29.95
YES, THAT\\'S A RIDICULOUSLY LOW PRICE. BUT I PRICED IT SO EVERYONE
COULD HAVE ACCESS TO THIS VALUABLE INFORMATION. _IS YOUR ONLINE
BUSINESS LEGAL?_ CONTAINS INFORMATION VITAL TO YOUR ONLINE MARKETING
BUSINESS. AND, FRANKLY, I DID NOT WANT "STICKER SHOCK" PREVENTING YOU
FROM GETTING IT.
YOU ARE RESPONSIBLE
The world is full of people who have learned how to build websites.
But there is a relatively short supply of website designers who know
how to build marketing websites. The supply gets smaller for those who
know how to build LEGAL ONLINE MARKETING WEBSITES.
“I DIDN’T KNOW THE GUN WAS LOADED” HAS NEVER BEEN A GOOD
DEFENSE.
READ THE CONTRACT WITH YOUR WEBMASTER. OH, YOUR NEPHEW BUILT YOUR
SITE. OKAY, PRETEND YOU HAD A CONTRACT WITH YOUR WEBMASTER. YOU ARE
THE ONE RESPONSIBLE FOR FURNISHING CONTENT.
NOTE TO WEBMASTERS: YOU ARE EQUALLY RESPONSIBLE! THE FTC LOOKS AT
THE EXTENT OF YOUR PARTICIPATION IN THE PREPARATION OF THE CHALLENGED
AD, AND WHETHER YOU KNEW OR SHOULD HAVE KNOWN THAT THE AD INCLUDED
FALSE OR DECEPTIVE CLAIMS. IF YOUR CLIENT WANTS AN AD ON THE SITE THAT
SAYS THEIR SOFTWARE WILL CURE CANCER, AND YOU PUT IT UP…WELL!
OKAY, LARRY. I\\'M READY TO ORDER.
CLICK HERE FOR OUR PURCHASE AGREEMENT [1]
WAIT A MINUTE! EVERYBODY ELSE GIVES AWAY FREE STUFF. AREN\\'T YOU
GOING TO SWEETEN THE POT A LITTLE? OTHER GUYS WILL GIVE ME THOUSANDS
OF DOLLARS WORTH OF FREE STUFF IF I SPEND $97.
HEY, I\'M GLAD YOU BROUGHT THAT UP. PLEASE SEND THEM A LINK TO THIS
PAGE; JUST BE SURE YOU DON\'T SEND SPAM EMAILS. THEY MAY NEED MY
EBOOK. FOR STARTERS, I\'M NOT GOING TO CHARGE YOU $97 FOR MY EBOOK.
IT\'S ONLY $29.95.
SINCE YOU ASKED...
LET ME TELL YOU WHAT I\'LL DO. I\'LL ADD A FEW ITEMS TO THE DOWNLOAD
PAGE. I\'VE NEVER SOLD ANY OF THE ITEMS. YOU CANNOT CALL THEM FREE
BONUSES. THEY\'RE ALWAYS FREE. SOME OF THEM YOU CAN EVEN FIND
SOMEWHERE ELSE. BUT I\'LL PUT THEM ON THE DOWNLOAD PAGE SO YOU\'LL
HAVE THEM ALL IN ONE PLACE AND NOT NEED TO GO HUNTING ALL OVER THE
INTERNET TO FIND THEM.
CHILDREN\\'S ONLINE PRIVACY EBOOK
I PUT THE CHILDREN\'S ONLINE PRIVACY PROTECTION ACT EBOOK TOGETHER
AS A SUPPLEMENT TO _IS YOUR ONLINE BUSINESS LEGAL?_. I FELT IT WAS
IMPORTANT TO PLACE ADDED EMPHASIS ON COPPA. IF YOU HAVEN\'T LIVED IN A
CAVE FOR THE PAST FEW YEARS, YOU KNOW HOW SERIOUSLY THE LEGAL
COMMUNITY TAKES THE WAY CHILDREN ARE TREATED ON THE INTERNET.
WHAT IF A CHILD REGISTERS FOR YOUR NEWSLETTER? WHAT IF A CHILD
REGISTERS FOR YOUR FORUM? YOU DID NOT ACTIVELY SEEK THAT CHILD\'S
PERSONALLY IDENTIFIABLE INFORMATION BUT YOU GOT IT ANYWAY. NOW WHAT?
THAT\'S WHY I\'VE INCLUDED THIS ON THE DOWNLOAD PAGE.
RISING TO THE TOP
RISING TO THE TOP IS A SPECIAL REPORT I WROTE ABOUT HAVING A
HOME-BASED BUSINESS IN GENERAL AS WELL AS AN EXAMINATION OF THE NEW
SFI AFFILIATE PROGRAM. SFI CHANGED ITS AFFILIATE PROGRAM JANUARY 1,
2007. IF YOU HAVEN\'T STUDIED IT LATELY, THEN YOU DON\'T KNOW ABOUT
IT. THIS REPORT MIGHT PROVIDE SOME VALUABLE INFORMATION FOR YOU.
12 WAYS
_12 WAYS_ IS A SPECIAL REPORT WRITTEN BY...OH, MY...THE AUTHOR IS
BETH JAMESON. SHE REVEALS WAY TOO MUCH ABOUT ME WHILE SHOWING YOU A
FEW TRICKS TO SPEED UP YOUR METABOLISM. THAT\'S NECESSARY KNOWLEDGE
FOR THOSE OF US WHO SIT AT A COMPUTER "ALL THE TIME."
THAT\\'S IT! NO MILLIONS OF DOLLARS WORTH OF ANYTHING FOR FREE. JUST
FLAT OUT, STRAIGHT-FORWARD INFORMATION TO TICKLE YOUR BRAIN CELLS WITH
A TAD BIT OF HUMOR TO BRING A SMILE TO YOUR FACE.
CLICK FOR THE OUR PURCHASE AGREEMENT [2]
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Reserved.
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Sherwood, Arkansas 72120
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