|Free iphone, xbox360, wii|
Is it legal to promote
| 12:03 pm on Jan 10, 2008 (gmt 0)|
Are all of these offers for "win free iphone", "win nintendo", and ect legal.
I mean I want to promote them.So can I expect any legal problems?
I find them in my affiliate networks, I will not join directly in their affiliate programs.
Thank you in advance.
| 4:40 pm on Jan 10, 2008 (gmt 0)|
Wired magazine did an article on the fee iPod thing years ago and it checked out.
Essentially, it's just another way of generating leads. As long as they actually give out iPods to those who jump through all the hoops, it should be perfectly legal.
Think about it this way. Blockbuster was paying $50 for every signup to their program. Netflix pays $9. To get the free iPod, you usually need to sign up for say 4 offers and get 4 friends to sign up for four offers or some such thing. So that's 20 offers.
If every offer were paying like Blockbuster, that would be $1000, which leaves plenty of slack in there for giving away free iPods. But what if it's Netflix? That's only $180. Ahhh, but how many people only get halfway through? They get stuck at three friends with four offers and three more friends with three offers? That's 25 offers, or 9x25 = $225 and no payout. Very lucrative for the affiliate. Now imagine if each offer were worth $50. Now the affiliate makes $1250 without having to give out an iPod.
I suspect that's where the real profit is in this, just like why merchants give rebates, and not price drops - people buy based on the rebated price, but never actually send in the rebate. Cheap customer acquisition and, ultimately, quite an expensive free iPod.
| 5:04 pm on Jan 10, 2008 (gmt 0)|
Are you concerned about the trademark issue, gartar, or just the general validity of the deal?
Regardless, I'd check out the site making the offer and see what kind of disclaimers they put up. If the offer is coming through an affiliate network, see what their history looks like.
Trademark-wise, there should be no problem. Anyone can advertise they are giving away a free iPod or, for that matter, a free Rolls Royce. The advertising only becomes problematic if the offer isn't legitimate, i.e., there is no iPod or car, or those who meet the criteria are still denied the prize.
| 7:13 pm on Jan 10, 2008 (gmt 0)|
I'd add that trademark issues COULD arise if the trademark owners aren't acknowledged or if the presentation didn't make it clear that the site wasn't that of the trademark holder, i.e., if the presentation was confusing or intentionally deceptive.
| 7:18 pm on Jan 10, 2008 (gmt 0)|
Maybe you should do a bit more research, and find "free legal advice", because you won't find it here. ;)
Aside from any legal issues, though...
...it should stand to reason that these are basically scams. Now, if they are scamming their customers, what do you think the chances are that they will scam YOU as, well?
| 9:41 am on Jan 11, 2008 (gmt 0)|
First of all thanks for that
I'm not specialist here, so I'm here for help.
I'll tell you what I want to do and if someone can help me, I will be very thankful.
" Are you concerned about the trademark issue, gartar, or just the general validity of the deal?"
I will create site.I will NOT use ipod in my domain name.
I will use ipod in body text, title tag (Am I OK?)
I will upload video in youtube, and I will use ipod in title, description, tags (Am I OK?)
At the end of the video I'll say welcome to my site to get your free Ipod (Am I OK?)
Let's say that company is scam.First of all is there a way to know if it is true?
Am I OK, if this company is scam?
(In my case I use affiliate network, not directly their affiliate program.So they offer me, and who will take responsibility I or my affiliate network?)
(Actually I don't want to lie anybody.)
"Now, if they are scamming their customers, what do you think the chances are that they will scam YOU as, well? "
Yes that maybe is true, but if it's true, that mean I will not get money(which is probably not big problem, because if I don't get the money, I will cancel my program, and I will find another advertiser.)
My question was about any legal problems against me.
ergophobe, you mention a company, which has affiliate program in one of the biggest affiliaite networks, does it mean I'm "protected", if I join to that affiliate network?
| 6:12 pm on Jan 11, 2008 (gmt 0)|
Wow, not being a lawyer, my advice would be worthless, and if I were a lawyer, I don't think I'd dare give legal advice in a forum.
If you want to get some rough idea of liabilities, you might want to research recent lawsuits in the ringtone space. I'm really hazy on the details, but the Florida(?) attorney general just brought some sort of suit against a ringtone company that cost them millions. I don't think any of their affiliates got nailed, so that might give you some idea of how these things play out in general.
| 4:17 pm on Jan 14, 2008 (gmt 0)|
|Let's say that company is scam.First of all is there a way to know if it is true? |
If you're in the tenth group those people would have to sign up approx. the entire US population to get their Ipods.
Is it legal? I really don't know but it's typical pyramid scheme and the chances of actually getting an Ipod if you are in one of the later groups is slim to none.
| 5:43 pm on Jan 14, 2008 (gmt 0)|
I agree with the essence of what coalman said, but just being the devil's advocate here..
Just because everyone in the US has an iPod (except me I guess), doesn't mean that you can't get them to go for free offers for newer, better iPods, laptops, etc etc. It's not necessarily a simple pyramid scheme as an overall concept. By the time it gets to the 10th level, it's conceivable that the offers will have mutated enough that you might hook some of the original people over again.
Still, based on the mail in my spamcatcher account, it seems that this particular thing/offer/channel/scam/whatever has probably left its most lucrative days behind.
| 6:01 pm on Jan 14, 2008 (gmt 0)|
IMO, the only difference between it and your regular pyramid scheme is instead of cash the victim is doing free work. It's probably not illegal in most places only because there is no currency exchanging hands.