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When Is A Disclaimer A Neccessity?

by yves
6 replies
Hi,

I have a few websites that are purely for afilliate marketing with a couple being review sites. One of my sites is a health related site and I have put a disclaimer of sorts on that because it gives health advice, but not on the others.

The thing is, I was under the impression that it is the vendor who must have a disclaimer as that is who the customer is actually buying from rather that me, who is merely pointing them in that direction and what about articles web 2.0 etc, surely that would mean they would all require a disclaimer too?

That being said, I am starting to feel perhaps I should put a disclaimer on my sites/blogs.

What do you think, is it a must?

Cheers
#disclaimer #neccessity
  • Profile picture of the author ghyphena
    Legally, you may get away with it. But why risk it?

    Scenario: you promote a product that someone uses/abuses/whatever and gets hurt. If by that time the vendor has fluffled off, a litigious mind would come up with you. And even if you're 99.99% sure that you can't be held liable, if you get sued then suddenly you're in a position where you could be held liable.

    It's a very very very long shot, but the potential consequences are disastrous. In my opinion, you should put up a generic "use of site is as-is" type disclaimer (I use a template I found on Google). No-one will feel any less trust for you because everyone is used to seeing them all the time.

    Gil-Ad
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    Gil-Ad Schwartz

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    • Profile picture of the author yves
      Originally Posted by ghyphena View Post

      Legally, you may get away with it. But why risk it?

      Scenario: you promote a product that someone uses/abuses/whatever and gets hurt. If by that time the vendor has fluffled off, a litigious mind would come up with you. And even if you're 99.99% sure that you can't be held liable, if you get sued then suddenly you're in a position where you could be held liable.

      It's a very very very long shot, but the potential consequences are disastrous. In my opinion, you should put up a generic "use of site is as-is" type disclaimer (I use a template I found on Google). No-one will feel any less trust for you because everyone is used to seeing them all the time.

      Gil-Ad
      Thanks for that, I didn't think about the fact the vendor might go AWOL!

      What about other forms of promotion like web 2.0, articles and ads, wouldn't that mean they needed a disclaimer too, if a link is going straight to the merchant?

      {edit}Think I might've answered my own question there.

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      • Profile picture of the author kindsvater
        If you have a review site you should have a disclaimer.

        You are making representations about a product anticipating that your recommendation will cause someone to buy from a merchant.

        A disclaimer can help:

        - Protect yourself from the customer. You never know what issues will arise with the merchant and whether someone will start to point the finger at you.

        - Protect yourself from the merchant.

        - Protect yourself from any merchant competitors if there is a suggestion their product not be purchased in lieu of your affiliate product.
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  • Profile picture of the author artwebster
    A disclaimer is necessary whenever you say something that you cannot prove but which is part of advice, direction or even hints of future results.

    Basically, anybody providing advice or information in any form needs to be sure he cannot be held responsible for the detrimental effects of that advice or information - even if someone does not understand it and impliments it incorrectly (or not at all).

    Trust, like common sense, is dead.
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    You might not like what I say - but I believe it.
    Build it, make money, then build some more
    Some old school smarts would help - and here's to Rob Toth for his help. Bloody good stuff, even the freebies!

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  • Profile picture of the author yves
    Thanks for the answers guys.

    I'll get to it.
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  • Profile picture of the author Stephen Root
    I think rule of thumb is that when you promise something or make a claim, you put up a disclaimer.
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