Liability Issues

I've been doing affiliate/cpa marketing for just over 16 years now and it has never happened to me. If someone doesn't like a product, then they can return it and get a refund.

Issues such as this are usually taken care of with things like "website disclaimers" The small print at the bottom of the website .eg

Website Disclaimer

Website disclaimer
The information contained in this website is for general information purposes only.
The information is provided by Newbie Manuals and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Newbie Manuals. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Newbie Manuals takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

I am not a lawyer. I would highly recommend consulting with one in the area you do business. While it's unlikely you'll ever encounter a lawsuit, you'll need to figure out what the exact laws for your area are if you want to be certain. I would only trust a legal expert for legal advice.

Certainly learn the rules for you niche and industry, and study what is acceptable practices.

In the case of selling affiliate products, most affiliate sites will have terms of service telling you what you can't do. I'm not a lawyer, and I'm certain that those terms of service don't protect you in certain cases.

Lots of things are common sense, such as you can't claim that some miracle drug "cures" something, unless there is solid scientific evidence, and even then you want to stay away from terms like "cure."

In the make-money-online niche, you want to stay away from income claims. No one can really guarantee that someone else will earn a certain amount. People do earn incredible amounts in some niches, but the examples given on the sales pages are outliers, they are NOT the norm.

I'm entering my 20th year as an affiliate marketer and never had problems, but I've heard horror stories for year, and many of the horror stories are of people who broke laws that they were not even aware that they were breaking.

If something sounds or feels questionable, and you trust you instinct, you're generally pretty safe.

Willie

My personal instinct is to go somewhere else if a marketer can't avoid a spelling error in just three words of ad copy, but that's just me.

I think a lot of your liability concerns could be summed up with how you market your product. Claims like "Lose 30 pounds in a month" or "Drop 2 dress sizes in a week" are troublesome as you are defining goals that this product will achieve. I see it a lot in marketing on social media. People respond much better to attainable results and additional benefits they will receive. You'll have much more credibility rather than being looked at as just another spammer. Consider working with someone to come up with a marketing strategy that will help set you apart. The weight loss niche is really popular and has a lot of competition.

Put up a disclaimer on your site. That way, if you tell people to "loose weight fast", the only thing for which you'll be liable is poor spelling.

Charlie

First, if you are going to do affiliate marketing and will be recommending product(s) to your affiliate page, you are required by the Federal Trade Commission to post some type of "Disclosure of Material Connection" on your website and or affiliate page in a clear and conspicuous spot.

You can download a free "Disclosure of Material Connection" here.

If you are going to promote health products, there are specific disclaimers for that.
However, the disclaimer needs to be attorney drafted to serve you best. Furthermore, to provide you with any protection, disclaimers are also required to be posted in a "Clear and Conspicuous Spot" on your site or sales page. Not at the bottom of your website in small print. Doing so will provide you with little or no legal protection.

James is right; you only listen to a legal expert for legal advice. However, I would also add the Federal Trade Commission and privacy professional to that short list.

Before starting any Internet business, understand what is legally required of you.

Good luck.