March 2008: 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!
From: Larry Jameson, Author of Is Your Online Business Legal? Date: March 8 , 2008 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
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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.
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.
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 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.
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 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
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?
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."
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 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
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
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You Are ResponsibleThe 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! |
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.
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.
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 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 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."
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