How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Business Law question
Type Your Business Law Question Here...
characters left:
2 Business Lawyers are Online Now

Business Affiliate Questions

A business affiliate is someone who promotes another business through their business. This can be done in a number of ways but the most popular is to endorse a product and provide the affiliate link to direct traffic to the product site. Another is to give testimonials about a service or product. The benefits of having a business affiliate are great and can boost a products sale and encourage potential customers to visit your website. Listed below are a few of the more commonly asked questions about business affiliates.

What should I put on my blog when I link an affiliate product? Would putting "affiliate link" after the link cover it?

FTC rules state that when endorsing a product or giving a testimonial, you have to let the readers know what your connection is with the product and if you receive money for your endorsement. The rules do not state exactly how you explain the connection, only that it needs to be added. Here is a link that explains endorsements: http://ftc.gov/opa/2009/10/endortest.shtm

There are no requirements if you are advertising or linking a product. However, if you add a testimonial to the product, you have to include a notice of any payments that you receive for your testimonial. This can be done in any way that works for you, as long as you disclose that you are endorsing the product or giving a testimonial in exchange for something.

As far as what you need to include when you add a link, you can put an asterisk * by the link. This will alert the reader that there is an explanation at the bottom of the page. You can give an explanation for the link and include your involvement with the affiliate.

I have an account with ebay as an affiliate. They ended my service saying I violated the terms of service. They have kept two months worth of commissions and still draw revenue from my links. Is there anything I can do?

The website is earning a profit from your links and not allowing you to gain a profit from it. You can sue the company for "breach of the implied covenant of good faith" because they are denying you the commission from the links when they had agreed to pay you. You can sue in "quasi contract". This means even without a contract, the company is still earning money from your work and you should be entitled to some form of compensation for the work that you have done and the money that you are making for the company. If the damages you wish to gain from the company are less than $7,500, you could sue them in small claims court.

We are a yoga business and want to set up "Affiliate Centers". Does the word "Affiliate" bind us in any way to another organization that signs a contract to become an "Affiliate Center" in the case of their bad business practices?

When you call an organization an affiliate, you leave the impression that the organization is connected to your company. This would potentially make you liable for the organizations actions. Assuming that you want the centers to be independently owned like a franchise, you would want a franchise agreement. You need to state clearly in the agreement, that you are not responsible for the centers actions or omissions and that you are free from any lawsuits that may affect that center.

How do I go about turning my internet affiliate marketing hobby into a business?

If you want to turn your affiliate marketing hobby into a business, you may want to go with a Limited Liability Company. An LLC is easiest type of business to manage and any taxes from income will be claimed through your personal income taxes. To begin this process, just get online and go to your Secretary of State's website to form the LLC. After you have done this, you need to contact the IRS and request an EIN under the LLC name. You need to be sure to use your EIN when you report income made from the LLC but claim the income on your personal taxes.

I am promoting a seminar as an affiliate and cannot get confirmation from the owners about the usage of the trademark while endorsing the seminar. Should I be concerned about the affiliate manager claiming trademark infringement while endorsing them?

You probably have nothing to worry about. You are in charge of promoting their seminar, so they have extended some rights to you as far as using their trademark. You are not breaking any laws when you use the trademark to promote the seminar. However, if you were using the trademark in a way that was not representing the seminar or that was taking business from the company, you may have issues.

If you are considering becoming a business affiliate and are not sure how to begin, you can consult Experts who are familiar with the process for accurate information on how to proceed. If you have legal questions, you should consult an Expert in Business Law to assist you in your legal ventures.
Ask a Business Law question
Type Your Business Law Question Here...
characters left:
2 Business Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21226
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21226
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18400
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8496
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3861
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Affiliate Questions

  • I am a retail music store owner. Nearly 18 years ago I entered

    I am a retail music store owner. Nearly 18 years ago I entered into an express contract with a major instrument rental franchise, paying money to become an affiliate. As part of the contract the major instrument rental franchise mother company provides literature and other support features, which up until the past few years have included the use of paper brochures called rental information brochures. A handful of years ago the mother company changed their ownership structure (the owner took in another partner), but no affiliate contracts were effected or altered (per a letter sent to affiliates such as myself, specifying no changes for affiliates). Afterward the mother company launched a website, ASKING affiliates to promote it. THE WEBSITE SPECIFICALLY HAD SECTIONS RECRUITING AFFILIATES. I contacted the mother company and commented that they were FORCING my business to advertise and recruit for them, in competition with my own franchise affiliate business (a matter that had already been in discussion when they "sold" a center of my "territory" to another dealer, a matter which was eventually resolved only after that dealer closed it's business due to family death - in other words a topic never satisfactorily resolved by the mother company, in my opinion). My complaint about being forced to promote a website that advertised recruitment was not addressed. As time passed ALL MATERIALS (paper literature, tags on all rental instruments, company stickers) all bear the website of the mother company, who recruits dealers THROUGH that same website. I wrote another letter to the company, explaining that I believed that it could be illegal, and a breach of contract for the company to FORCE me to advertise in ways which allowed no opt-out regarding recruiting, because as a matter of course I could not remove tags, stickers or their website address which appeared on all support materials. UNDER THE TERMS OF OUR ORIGINAL CONTRACT I AM NOT PERMITTED TO CREATE MY OWN COMPANY TAGS, CONTRACTS OR SUPPORT MATERIALS BEARING COMPANY LOGO. At this time, in order to advertise I must use materials that also serve to recruit competitors in my area (contrary to my desire, and directly in competition with my own business). The company then promoted affiliate "micro-sites", which were supposed to be a support tool for affiliates to inform our customers about our rental franchise "on line". The reason I am contacting a lawyer today is that the microsite boasts a "widget". My own music store website can link to my affiliate instrumental microsite using this widget. ONCE ON THE MICROSITE THE MOTHER COMPANY directs customers that I drove to MY MAIN STORE WEBSITE to THEIRE WEBSITE, and there is no way "back" to our store page, instead navigation is set up to promote an environment where my CUSTOMERS, NOSEY LOCAL COMPETITORS or ANYONE visiting my webpage will be driven ONLY to the mother company site (over which I have no control) and then navigation is designed to lead them to all of the elements of that site, INCLUDING THE RECRUITMENT TABS. In other words, if I want to be an affiliate I have NO CHOICE that does not result in my being forced (with out compensation) to recruit for the mother company that I have an affiliate franchise under. IS THIS LEGAL? They are ignoring my letters of concern.
  • Faith-based Oregon 501c3 doing international work

    I am a faith-based Oregon 501c3 doing work in Ethiopia, Uganda and South Sudan. Our name is***** at http://www.petrosnetwork.org.  We do church planting and relief and development work. I currently work through an organization licensed in Ethiopia for the church planting portion, Ethiopian Call. I have been told the Ethiopia licensing can only handle the church planting portion and I need to get an International NGO for our development portion.


     


    Bot***** *****ne: I think I want to be an International NGO able to collect funds and serve in Ethiopia, Uganda, South Sudan through relief and development and planting churches. We send out church planters into very primitive and unreached areas that are very poor and lack basic life support.   My relief work is not only for "believers" but will be led through the church.


     


    My questions are:



    1. Can I set up one International NGO in Ethiopia that can legally do both church planting and relief and development.  Example organizations who do similar work: World Concern or Compassion International.  

    2. I have major contributors in Canada and they would like me to be Petros Network-Canada. How do I do that?

    3. Do I need to adjust our US non profit. We were classed as X20 and not Q33.

    4. Can you give me some direction of where to begin?

  • Hello - I have a question regarding a NDA agreement I signed. First

    Hello - I have a question regarding a NDA agreement I signed.

    First of all, I would to specify that I live in MO. I got into partnership agreement with an oversees business owner.
    Here are the part of the agreement I signed that are unclear to me:

    Non-Solicitation
    23. The Recipient, his affiliates, subsidiaries and representatives will not, for a period of
    three (3) years, directly or indirectly solicit for employment or employ any person
    who is now employed or retained by the Provider or any affiliate of the Provider
    without the prior written consent of the Provider.
    Non-Competition
    24. Other than with the express written consent of the Provider, which consent may not be
    unreasonably withheld, the Recipient will not, for a period of three (3) years, be
    directly or indirectly involved with a business which is in direct competition with the
    business lines of the Provider that are the subject of this Agreement.
    25. For a period of three (3) years, the Recipient will not divert or attempt to divert from
    the Provider any business the Provider had enjoyed, solicited, or attempted to solicit,
    from its customers, at the time the parties entered into this Agreement.
    Ownership and Title
    26. Nothing contained in this Agreement will grant to or create in the Recipient, either
    expressly or impliedly, any right, title, interest or license in or to the intellectual
    property of the Provider.

    The clauses 23-26 above seem to mean that I can engage in a similar venture.

    However, later on the same document there is another clause that states:

    Termination
    29. Either party may terminate this Agreement by providing written notice to the other
    party. Except as otherwise provided in this Agreement, all rights and obligations
    under this Agreement will terminate at that time.


    My question is:
    Does the clause #29 mean that if I provided a written notice, I am no longer bound to clauses #23-26?

    If not, how do I break free from this contract as I intend to venture within the same business on my own.

    Thank you for any prompt response.

    D.
< Last | Next >