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  1. #1
    Newbie
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    January 18th, 2005
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    Newbie question:

    If someone uses an affiliate link on their site such that a product,along with its description and price, appears on their site: so when a visitor clicks on the product they are then sent to the merchant site and can decide to make a purchase: My question is supposing the visitor then purchases the item and then suppose the visitor and the merchant site get into some dispute pertaining to that purchase-now can the affiliate site also get pulled in to the dispute since the visitor actually first encountered that product on their site?

  2. #2
    Full Member
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    The broad answer, of course, is that anyone can sue anyone else for just about anything. We've never had a problem with this, but it's one of the reasons we set up an LLC -- to give us some sort of a shield in the event that a really bad situation developed.

  3. #3
    Affiliate Miester my2cents's Avatar
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    January 18th, 2005
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    In our society this can and will happen... that is why I operate under a chapter s corpaoration...

    I have been suited so many times in my brick and mortor biz...

    that I know it's only a matter of time...

    some people will suit if you look at them...

    Joe

    And, that's the bottom line because it's my2cents!

  4. #4
    Newbie
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    I'm no lawyer, but generally, I think that affiliates won't have to worry about the situation you described. If the customer had a dispute with the merchant, the only "contractual obligation" that has been made is between the merchant and the customer. That seems to be the only real basis for a lawsuit.

    I think there are exceptions to this that have to do with class action suits where people have been injured by the use of certain products, but you don't see that happening very frequently, and I don't think that's what you're getting at with your question.

    I hope this helps.

    -patrice

    patrice.colancecco.milligan
    affiliate.manager | eastwood.com
    e: patrice@eastwood.com | v: 610.323.2200x2206 | aim: patricemilligan
    ::visit.our.private.forum.at.abw::

  5. #5
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Accurately represent the product as to function, price and description and place a disclaimer somewhere on your site to explain your just a middleman.

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  6. #6
    ABW Ambassador Mike O's Avatar
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    I usually add a short discussion about "the vendor" or "the supplier" on my pages, to make it clear I'm not them.

    Sometimes I'll identify the vendor, other times I'll just say "the vendor of this product is a leading supplier in [whatever] field."

    -- Mike

    "Men travel faster now, but I do not know if they go to better things."
    -- Willa Cather

  7. #7
    Full Member
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    January 18th, 2005
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    IANAL, but there are only two possibilities for a law suit. Either the matter or refunding the money, or damages because of the product misuse.
    So it's either the merchant or the manufacturer that are ever at risk.

    Unsless you provide false claims about the product. In that case, the merchant can press charges against you in turn.

    Konstantin,
    www.GenericGifts.com
    2500+ products in a data feed. 20% commission. 5 years cookie expiration.

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