Forum Moderators: skibum
Thanks,
Or 'commissioned agent'
>I agree the affiliate will probably be named in the suit.
And there's the rub.
If lawyers take that route then expect to definitely be named on the suit. Brings a whole bunch of legal problems along with that definition doesn't RC.
Yep. As we've said before, the reality of the situation is that you can be sued (particulary named as co-defendant) very easily. Getting out of it is the tricky (and costly) part.
Think about those affiliate sites that have co-branded pages or even execute the whole transaction. The consumer doesn't have any choice but to start with whomever he thought he was dealing with.
There is one CJ merchant that dropped all products where they could not get the proper insurance.
I think we are waiting for legal presidence on that. An affliate is just an advertiser, but I have seen advitisers responsible for the ad. I agree the affiliate will probably be named in the suit.
Where is this precedence in the material world, much less the electronic economy? With the tobacco companies being sued for hundreds of billions of dollars, I have yet to see either Viacom get implicated for having a billboard business or Time-Life for having a magazine business that advertises tobacco products.
Ted
Don
I've read some excellent tip articles that said to be sure to set the legal jurisdiction to your home state. That's an old stand-by from the bricks world, but seems like very sound advice.
>tested
Thankfully, no.
>one with the deepest pockets will get sued
Everyone that can be included in the suit will be included. The one with the deepest pockets will certainly make the list.
Don
...clause to stipulate any legal action would be settled by binding arbitration instead of using a court...
I am not sure this can truly be enforced in an open system -- refering to an open business structure, verses a contractual deal, such as membership organizations.
That is, If your local grocer has a TOS right as you enter and has a clause for arbitration, can the grocer enforce arbitration if you slip, fall and break your tail-bone inside the store? This has the smell of the shrink-wrap license deal.
[edited by: Tapolyai at 2:52 am (utc) on Mar. 11, 2003]
Right, I recall reading somewhere that an arbitration clause wouldn't/didn't hold up.
If moonshine is legal are you going to be responsible if the person goes blind after drinking it because the brewer failed to remove impurities?
Or if moonshine is illegal, are you going to be held responsible for telling someone where they can purchase it in order to make some cash for yourself?
Not sure myself either, just the advise I got for my situation. Like I said, hopefully I never have to find out.
Don
It is proven that you get a percentage for every person who makes a purchase with blue paint on their clothes.
Forget the flippin moonshine. who pays for the drycleaning?
....
On a serious note re binding arbitration - I think you're going to have a hard time 'contracting out' of legislation wherever you are. In the rare circumstance/place where it can be done it generally requires more than a notice which may or may not be seen by the other party... it would likely require informed consent of the other party.
I'd agree, Affiliate sites are a form of adv. basically used by the creator & distributer of the product. Maybe kind of like a billboard, it doesnt really matter who owns, or paints the board itself.
Now if the affiliate site lies or misrepresents the product, that's another kettle of fish...
----------------------not or pretending to be a lawyer..
