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OF COURSE YOUR WEB SITE NEEDS
How will the new FTC Business
A well-constructed disclaimer, privacy, disclosure & options page is a necessity for internet marketers, to meet US regulations and best industry standards. At the end of April, 2002, the US Supreme Court pro Speech majority made clear the connection between Commercial Speech, Claims and Disclaimers. See my Case Note,Thompson v Western States Medical Center.
Ralph Fucetola JD has developed formats for an up-to-date Privacy, Terms & Site Use Statements covering important legal issues, such as:
Terms, Conditions and Disclaimers, Warranties, Release of Statements and Testimonials, Trademarks, Service Marks and protected Intellectual Property, Copyright, third party materials, FDA and FTC disclaimers, Privacy Statement, Privacy Act, Security Statement, Opt-Out Choices.
Sites that sell goods and services... informational sites... adult sites...
Specialized formats also available - Private Licenses, HIPAA Disclosure, etc. Please email me with special requests, to: email@example.com and put "SUS" in the subject line -- I'll get back to you with an estimate.
Any questions at all, just email me, with SUS in the subject line.
 SUS Services: Hire two hours of my time* and I will go onto your site (not for a full review, but just to get the flavor) and customize the appropriate format for you, as an .htm file for you to upload to your site. You will also have to link to the S.U.S. page from your other web pages. Please let me know which email address you want included on the page, and to which email address I should send the finished .htm file.
* At my current rates, see: Payments
 Affiliate Marketing Consultations: Rules, Agreements, New FTC Business Op Regulation. Please email me with your concerns and I will quote a price range depending on services. Formats available for full package Affiliation Documents.
Further information: Credentials & Articles
Please email me at firstname.lastname@example.org (with SUS in the subject line) to confirm reservation of time or to ask me questions about your special needs, in situations such as Adult Sites, HIPAA Statements, Nonprofit Disclaimers, etc. No charge for service inquiries; see below for Payment Option.
(My secure Pay Pal account can accept credit or debit cards, or electronic checks and is set up to accept individual hour reservations of legal services).
The minimum reservation of time is an Hour @ my current special Internet Hourly Rate, as set out on my Payments page, as modified from time to time.
If you just have a preliminary question, I do not charge to email brief responses to potential legal service inquiries, just email me at email@example.com with SUS in the subject line.
The Rule, in substantially its proposed format, is expected to be adopted this year. The proposed Rule is at:
The central language in the proposed Rule is the definition of a Business Opportunity:
“(d) Business opportunity means a commercial arrangement in which:
(1) The seller solicits a
prospective purchaser to enter into a new business;
If the business relationship is a Business Opportunity, the following applies:
“The proposed Rule would address these practices by requiring five affirmative disclosures. The first affirmative disclosure would require a business opportunity seller to state whether the seller chooses to make earnings claims. If the seller does, then the proposed Rule would require substantiation and additional disclosures. The other four affirmative disclosures pertain to certain prior litigation; the seller’s cancellation or refund policies; statistics on cancellation and refund requests; and contact information for prior purchasers as references.
In addition to these disclosure requirements, the proposed Rule would prohibit common deceptive business opportunity sales practices. Among other things, business opportunity sellers would be prohibited from misrepresenting: (1) Earnings; (2) costs or the efficacy, nature, or central characteristics of the business opportunity or the goods or services sold to the purchaser as part of the business opportunity; (3) cancellation or refund policies; (4) promised assistance; (5) the calculation and distribution of commissions, bonuses, incentives, premiums, or other payments from the seller; (6) the likelihood of finding locations for equipment or accounts for services; (7) a business opportunity as an offer of employment; (8) territorial exclusivity or more limited territorial protections; (9) endorsements; and (10) shills as references. Finally, the proposed Rule would prohibit business opportunity sellers from failing to make promised refunds, as well as assigning ‘‘to any purchaser a purported exclusive territory that, in fact, encompasses the same or overlapping areas already assigned to another purchaser.’’
While the Rule is obviously intended to apply to MLM marketing as well as franchises, will it also be applied to Internet Affiliate Marketing, or will IAM become even more beneficial as the Internet continues to grow and other opportunities are mired in red tape.
Clearly many MLMs operate on the Internet and an MLM member “makes a payment or provides other consideration” for the business opportunity, where the MLM operator offer assistance or makes earnings claims.
Those who want to sell through others on the Internet must now avoid the MLM regulatory trap and embrace the most advanced IAM approaches. The keys are limiting the operator’s exposure under the defined terms of the proposed rule and providing sufficient disclosures and disclaimers to avoid the erroneous impression that you are involved in a regulated Business Opportunity. The Site Use Statement web site at www.siteusestatement.com has further information regarding how On-line Marketers can prepare to comply with the expected Rule requirements. Or email me: Ralph Fucetola JD - Ralph.Fucetola@usa.net - and put IAM in the subject line
IAM is preparing for business beyond the singularity the World Wide Web Internet represents - RU?
My SUS service does not include legal review of your site. I do not guarantee that your content will not elicit regulatory action. My service is only to provide a customized standard Site Use Statement that meets current FTC (and where appropriate, FDA) requirements and generally meets industry standard. Other services require separate retainer agreements. I am available for consultation regarding the FTC and IAM.
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