Legal Issues - Income Claims On A PLR Product

20 replies
I know this and any forum is not a good source of information on legal stuff...but I hope that Kindsvater can clarify me this...

If I have the PLR rights of a course and then I sell it as my own am I responsible for false/true income claims that may appear on the salespage?

Can I use the same testimonials or shall I get my own testimonials?

thanks
#claims #income #issues #legal #plr #product
  • Profile picture of the author rosetrees
    Of course you're responsible, especially if you're selling it as your own product. It's your site.

    Who else do you think would be responsible?
    {{ DiscussionBoard.errors[3094655].message }}
  • Profile picture of the author Andyhenry
    If you claim the product and information are yours and you're using someone elses income stats - you're lying..... That should be an easy decision for you to take.
    Signature

    nothing to see here.

    {{ DiscussionBoard.errors[3094658].message }}
    • Profile picture of the author secrets2010
      Originally Posted by Andyhenry View Post

      If you claim the product and information are yours and you're using someone elses income stats - you're lying..... That should be an easy decision for you to take.
      Taking a PLR product and selling it as my own I'm not claiming the information is mine...I'm not claiming those stats are mine...
      I'm just the marketer/the seller (the person who makes possible that more people know about the product and can buy the information...)
      I'm not the creator of the product/information
      {{ DiscussionBoard.errors[3094696].message }}
      • Profile picture of the author Jill Carpenter
        Originally Posted by secrets2010 View Post

        Taking a PLR product and selling it as my own I'm not claiming the information is mine...I'm not claiming those stats are mine...
        I'm just the marketer/the seller (the person who makes possible that more people know about the product and can buy the information...)
        I'm not the creator of the product/information
        I'm guessing you are talking about a scenario such as the sales page includes some testimonials?

        I think you should gather your own testimonials if this is the case - or contact the people who made the initial testimonials and get confirmation from them that their current testimonial displayed is accurate and make sure you have permission to use it.

        As for showing charts and graphs of the income that can be achieved, you should provide your own information which can be verified. Otherwise, you need to study up on disclaimers.

        Just because something is PLR does not guarantee the information is accurate. PLR is best used as a guideline.

        And once you change the name of the product or sell it directly - the product is entirely your responsibility.

        Now if some PLR you purchased is miss-represented, then you need to take that up with who you bought it from, or perhaps you needed to confirm some things before making that purchase.
        Signature

        "May I have ten thousand marbles, please?"

        {{ DiscussionBoard.errors[3094722].message }}
        • Profile picture of the author secrets2010
          well but the income claims are made by the person who created the product and gives the training...so in theory I would think it should be ok leave the income claims...as are made by the one who is giving the training/content...why should I put my own income claims when I'm not the one who created the course and I'm not the one who is providing the training...just my opinion..






          Originally Posted by avenuegirl View Post

          I'm guessing you are talking about a scenario such as the sales page includes some testimonials?

          I think you should gather your own testimonials if this is the case - or contact the people who made the initial testimonials and get confirmation from them that their current testimonial displayed is accurate and make sure you have permission to use it.

          As for showing charts and graphs of the income that can be achieved, you should provide your own information which can be verified. Otherwise, you need to study up on disclaimers.

          Just because something is PLR does not guarantee the information is accurate. PLR is best used as a guideline.

          And once you change the name of the product or sell it directly - the product is entirely your responsibility.

          Now if some PLR you purchased is miss-represented, then you need to take that up with who you bought it from, or perhaps you needed to confirm some things before making that purchase.
          {{ DiscussionBoard.errors[3094772].message }}
          • Profile picture of the author rosetrees
            Originally Posted by secrets2010 View Post

            well but the income claims are made by the person who created the product and gives the training...so in theory I would think it should be ok leave the income claims...as are made by the one who is giving the training/content...why should I put my own income claims when I'm not the one who created the course and I'm not the one who is providing the training...just my opinion..
            If you aren't prepared to stand by the income claims, then DON'T claim that the product is YOURS.

            Sell is as SOMEONE ELSE's product (ie it's original creator's) and add a disclaimer that the income claims are made by the product creator.

            You can't have your cake and eat it.
            {{ DiscussionBoard.errors[3094787].message }}
            • Profile picture of the author Jill Carpenter
              when I'm not the one who created the course
              Ah, but this is what you are not getting. You did create the course.

              You are not fully understanding what PLR is.

              It is like buying ingredients for a dish you are making.

              You buy the flour, the sugar, the cinnamon, etc. Then you make your own cake.

              You are selling it, not the vendor where you bought the ingredients from.

              PLR is a guideline. You need to take it as such.

              Did you know that some products you buy on the shelf, like shampoo, can be compared to PLR?

              There are some basic shampoo ingredients. A new brand will come along, and tack their own label on it. They might add a new scent or change the bottle it comes in.

              Now, let's pretend that shampoo came with a "makes your hair fuller" claim. That is more of a marketing claim, and needs to be backed up with evidence.

              I go to the store, I buy the newly branded shampoo, and turns out it did not make my hair fuller. I go to return the money, and complain, and want to know where this company got this brilliant idea that it could make my hair fuller. That company needs to provide its own proof. They are not going to go to the FTC and say "well, so and so where we bought the formula from said it would do this."

              As your own business and your own company, you are responsible for what goes in your stores, and what claims are on the products.

              Now if I buy Alberta VO5 directly from the distributor, and my hair is not fuller, I am going to ask VO5 to show me what proof they have of the fluffy hair.

              If I buy it from the local market, I can go there for a refund and they will deal with the main company.

              By you taking on that information as stuff that you own, you are now responsible.

              If you were just an affiliate for the same product, the product owner above you is responsible when the product fails.
              Signature

              "May I have ten thousand marbles, please?"

              {{ DiscussionBoard.errors[3094825].message }}
      • Profile picture of the author Andyhenry
        Originally Posted by secrets2010 View Post

        Taking a PLR product and selling it as my own
        YOU are responsible for EVERYTHING in it.
        Signature

        nothing to see here.

        {{ DiscussionBoard.errors[3094738].message }}
  • Profile picture of the author Andyhenry
    Because as soon as you put your name on the product - it's your responsibility to deliver what is promised.
    Signature

    nothing to see here.

    {{ DiscussionBoard.errors[3094779].message }}
    • Profile picture of the author secrets2010
      Originally Posted by Andyhenry View Post

      Because as soon as you put your name on the product - it's your responsibility to deliver what is promised.
      sorry if I didnt explain myself...but I wouldnt put my name on the product...the only thing I would edit would be the pay buttom...
      {{ DiscussionBoard.errors[3094794].message }}
      • Profile picture of the author Jill Carpenter
        Originally Posted by secrets2010 View Post

        sorry if I didnt explain myself...but I wouldnt put my name on the product...the only thing I would edit would be the pay buttom...
        And who is taking the full payment? You? Then you own it.

        Call it what ever you want. You are the product owner. You bought the materials. You are responsible for the claims.

        Once you change even one element - such as a payment button - you are now responsible.
        Signature

        "May I have ten thousand marbles, please?"

        {{ DiscussionBoard.errors[3094839].message }}
        • Profile picture of the author secrets2010
          Just to know in case...when I promote a product with rapbank and payspree and I get paid 100% commissions I also get the full payment paid to my paypal account...I also own that product in that scenario? payment is sent instantly to my paypal...


          Originally Posted by avenuegirl View Post

          And who is taking the full payment? You? Then you own it.

          Call it what ever you want. You are the product owner. You bought the materials. You are responsible for the claims.

          Once you change even one element - such as a payment button - you are now responsible.
          {{ DiscussionBoard.errors[3094922].message }}
          • Profile picture of the author Jill Carpenter
            Originally Posted by secrets2010 View Post

            Just to know in case...when I promote a product with rapbank and payspree and I get paid 100% commissions I also get the full payment paid to my paypal account...I also own that product in that scenario? payment is sent instantly to my paypal...
            No, you are an affiliate.

            While you are responsible for the refund, you are not responsible if the product sends someone to the emergency room (yes, exaggeration).

            If you don't make a refund, the product owner has to do it and can just boot you as an affiliate.
            Signature

            "May I have ten thousand marbles, please?"

            {{ DiscussionBoard.errors[3094965].message }}
            • Profile picture of the author Andy Fletcher
              Originally Posted by avenuegirl View Post

              No, you are an affiliate.

              While you are responsible for the refund, you are not responsible if the product sends someone to the emergency room (yes, exaggeration).

              If you don't make a refund, the product owner has to do it and can just boot you as an affiliate.
              This isn't entirely true. When you use RAP(bank) and/or PaySpree you're a reseller not an affiliate.

              One of the key selling points for the rotating commission model used by them is that the affiliates aren't getting affiliate commissions so there's no need to send 1099 forms and so on.

              But that means the affiliate is really a reseller so they have the same obligations as the vendor does when they receive the money direct.
              {{ DiscussionBoard.errors[3100861].message }}
          • Profile picture of the author Alan Petersen
            Ethical PLR providers will include a testimonial box with "lorem ipsum" verbiage or other placeholder text like "Add your testimonial here". If they're adding a fake testimonial don't use it. If you don't have real testimonials just remove it so you're on the up and up.

            Same thing with income claims. Most PLR comes with full edit rights so edit it to fit your situation.

            Jill is spot on about using PLR as a guide. Just adding your name and editing the payment button won't really cut it. At least long term.

            Google the headline to the PLR package and you'll probably see others just slapping it online as is. You want to stand apart from that lot.
            Signature
            {{ DiscussionBoard.errors[3094986].message }}
            • Profile picture of the author Jill Carpenter
              Also, you aren't really making all the profits (in 99% of the cases). You get every other payment, meaning you are making a 50 percent commission for every person you send to the site.

              What I wanted to add too - what might suit you better is finding a product that has Master Resell Rights.

              With MRR (again you need to check the fine print as this is just a general rule) you get to host the product, make 100 percent commissions on every sale, but you are not allowed to edit large parts of the product.

              Something you might see on MRR is a link on the template which points to the original product creator (buried on the bottom or on the download page) and an aweber sign up form or bonus products that are only available through the primary product creator.

              With MRR you can get benefit of adding your name to a product (Big Marketers Name brought to you by Jill marketer), making full sales, and you help the original product creator build their list if they have created the product properly.

              The difference here is that those income claims and graphs, etc can be traced back to the original product owner so you may legally be allowed to keep them on your site.

              I'm not a lawyer, but I believe this is one thing that separates the two. It is more of a gray area in this scenario.

              But with PLR that you buy and sell as you own it, there is a much clearer line.
              Signature

              "May I have ten thousand marbles, please?"

              {{ DiscussionBoard.errors[3095031].message }}
              • Profile picture of the author VanessaB
                I agree with what everyone else said but want to add,

                Most PLR sales letters aren't so great to begin with, so you should rewrite them for that reason alone.


                And bring the sales letter into FTC compliance when you rewrite it.

                -Dani
                Signature
                The Recon Report
                Reliable Results, Predictable Profits
                {{ DiscussionBoard.errors[3095189].message }}
  • Profile picture of the author BradCarroll
    If you want less responsibility, sell affiliate products.

    Once you buy a PLR product, you OWN that product. What belongs to you is also your responsibility.

    If you don't like this as a personal ethical guideline (a lot of people don't), you should at least keep in mind that gov't regulatory agencies have the same general view.
    {{ DiscussionBoard.errors[3100828].message }}
  • Profile picture of the author blillard
    ANYONE MAKING MORE THAN $600 in a year will need to report that to IRS. I don't understand why everyone get them a corporation started and do it right. just my 2 cents.
    {{ DiscussionBoard.errors[3100889].message }}
  • Profile picture of the author garyv
    Being an affiliate does not protect you from legal actions, especially where the FCC is concerned. If you put it on a website or url that you own, then it's fully your responsibility. Ignorance is never a plausible defense.
    {{ DiscussionBoard.errors[3100940].message }}

Trending Topics