Q:

Are affiliate marketers responsible for illegality of the marketed product?

A:

Possibly.  But let me first explain the question a little bit.  Affiliate marketers get paid by a company to sell a product or service.  They typically earn a commission for each lead or sale.  What happens to the marketer, if the product is illegal in some way?

Your legal liability will depend upon a lot of factors.  But the most important one is probably whether or not you knew about the illegality.

Let’s say that you’ve found an incredible deal to market cheap DVDs.  As it turns out, the DVDs are bootlegged (illegal copies).  If you knew (or should have known) that the DVDs were illegal, you can probably be held responsible for selling illegal goods.

What does this mean for your future affiliate marketing?  Be careful!  You should only work with reputable companies who have proven track records.  The old cliche applies:  if it sounds too good to be true, it probably is.

This is a bi-weekly feature at Home Office Warrior. Now is your chance to send questions to an experienced attorney. Submit your questions to Andrew at andrew@homeofficewarrior.com or leave your comments here.

Disclaimer: Andrew Flusche is a licensed Virginia attorney, but these posts do not constitute legal advice, nor do they create an attorney client relationship. For legal advice, consult an attorney licensed in your jurisdiction.