Few questions.

[Atomic Justice]

(This is the 3rd forum I've posted this on. Hopefully I can get at least one response here)

1.
For instance, if I had a blog, and posted a text-link to another company's website, I'm sure that is all legit (as long as I wasn't doing anything illegal). Who doesn't love some free traffic? But would these companies frown upon me using their logo/name as an image link?

I'd be creating a menu of some sites and this menu would contain links of all the same size. Therefore, I'd have to do some small edits to those images. What are my limitations on this? I wouldn't edit the image itself, as in change the colors or anything, but just cropping and resizing, and possibly only using their logo, and not their name, or vice versa.

2.
For Ads, is it required that I create a designated label where these links are, such as "Advertisement" in small words above the group of Ads? If so, would it also be required for affiliate links? I seem to only notice these little labels on CPC Ads.

3.
When linking to an affiliate, am I allowed to remove their image or modify their advertisement's wording and just use their name to link directly to them? For instance, some offer text links, but they are like "15% at Company.com. Use code: kiens08" Can I just put a link "Company.com" or "Company" as an affiliate link?

4.
Are there limitations on posting links/affiliate links/Ads that may cause a conflict of interest? Say I post a group of various popular dating sites' affiliate links or Ads on one line/column, would that be an issue? Would it differ if they were only text links (not seeking revenue)? I can see why, but I want to clarify and understand my limitations.

Thanks in advance! These are some things I have to know before moving on.

[Quadrille]

1. The image likely belongs to the company concerned, and many would not allow you to use it at all, let alone alter it. And some have powerful lawyers. Disney is always quoted as highly protective of theuir intellectual property, but the way the law is, any company that has invested millions in a trademark and images to go with it, would be pretty stupid not to protect it.

If they allow the likes of thee and me to use their property, for free, on our sites, what defense would they have when a major operator abused their property big time? None - because the defense in court would be "you let them do it". Trademark 101 - Protect it in all areas, or lose it where it matters.

Imagine you were the trademark owner ... you'd want the law on your side, I guess?

2. It is not required, but many would argue that it's good practice to make things clear for your visitors; is a link internal or external; is it to a site you recommend, or to a site that's paying you ... Many ads (for example, Adsense) come with the label attached.

3. Affiliate Programs have their own individual terms and conditions; if you break them (having already agreed to them), you may lose your account and all money owing to you.

4. Some affiliate programs may have exclusivity clauses, but many do not. A practical limit is how much commercial intrusion your visitors will put up with. Don't forget them ;)

[edited by: Quadrille at 2:51 am (utc) on Dec. 9, 2008]

[callivert]

1. Using logos on your own site without permission is breaching their intellectual property, regardless of your reason. If you think they will "love some free traffic" associated with their logo on your site, you can ask them in person, but they will probably say "thanks but no thanks."

2.

is it required that I create a designated label

no, but there will be rules that come with the advertiser. For instance, adsense doesn't like you to do too much blending. Adsense ads come with their own little "ads by google" message.

3.

am I allowed to remove their image

that depends entirely on the terms of your contract with the affiliate. most likely, the answer is no.

4.

Are there limitations on posting links/affiliate links/Ads that may cause a conflict of interest?

only to the extent that such limitations are in your contractual agreement with the affiliate.

[Atomic Justice]

Thanks for the quick replies!...

#1 was pretty much a given. It's just that I've noticed people using other company's trademarks in such things as blogs or articles. Say, a top ten list of Social Networks or what not. A lot of times I notice they place the logo with a direct link to that company's website. Maybe there are different rules there?

As for the other 3. Glad that is cleared up. I'll be digging deeply into the TOS's of each affiliate to see what my limitations are.

[Quadrille]

A lot of times I notice they place the logo with a direct link to that company's website. Maybe there are different rules there?

Nope; the law is the law. What we don't know is whether they have permission, whether they are paying - or being paid - to use the logo, or they are just ignoring the law.