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Are there any legal considerations to watch out when promoting adult affiliate programs?

by rapidscc
9 replies
Hi warriors,

I've been seeing some "adult affiliate" topics around here.

Honestly, I'm not yet into it but I think I'm beginning to consider it..

Some people here mentioned that it is lucrative...

Conscience aside, are there any legal considerations to take into account when doing this..

I usually say "Just Do It" but I think not with this one (without proper inputs).

Hope Y'all can give inputs..

Thanks

oMar
#adult #affiliate #considerations #legal #programs #promoting #watch
  • Profile picture of the author JohnMcCabe
    The biggest ones I can see revolve around minors - both promoting to and exploiting...

    You want guard against even the perception of marketing adult material to minors. Usually, this means plenty of front door warnings and some type of age verification. Haven't been involved directly myself, but it appears the actual site should handle that. Your end is being careful about how and where you promote the offers. To paraphrase the Marines, it's easy for someone on a rampage to "sue 'em all, and let the judge sort it out."

    You also want to be very careful that the sites you promote do not use underage models. If you're perceived to be promoting kiddie porn, you could find your door hanging by its hinges in the middle of the night.

    That's for the hard core stuff...

    If you're thinking of lotions and potions, costumes and toys, chains and whips and wax for the ..., your back to figuring out a way to exclude the kiddies...
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    • Profile picture of the author braver55b
      targeting or even appearing to target minors or make it accessible to minors.

      Being observant of various laws worldwide, depending on where you want to focus your marketing. There are those terms "community standards" which if violated can get you in hot water, so you really need to do your homework.
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  • Profile picture of the author IMChick
    That's a valid question, and I don't know how to answer it. However, consider starting an adult affiliate or adult niche friendly group here and ask for input.
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  • Profile picture of the author Joe118
    Learn about the 18 USC 2257 restrictions on promoting adult. Basically if you are showing on your website a sex act or simulated sex act, you have to have proof on-hand that these are consenting adults. Every performer signs a consent form before appearing in adult video or photography, and you must have a copy of it on-hand if/when you're ever audited by the DoJ. It's not enough to say you got these photos from a reputable producer and here's their contact info, the DoJ insists that *you* have the docs.

    Google '18 USC 2257' and you'll get all the low-down.

    And yeah, Brad is awesome.
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    • Profile picture of the author VegasVince
      Originally Posted by Joe118 View Post

      Learn about the 18 USC 2257 restrictions on promoting adult. Basically if you are showing on your website a sex act or simulated sex act, you have to have proof on-hand that these are consenting adults. Every performer signs a consent form before appearing in adult video or photography, and you must have a copy of it on-hand if/when you're ever audited by the DoJ. It's not enough to say you got these photos from a reputable producer and here's their contact info, the DoJ insists that *you* have the docs.

      Google '18 USC 2257' and you'll get all the low-down.

      And yeah, Brad is awesome.


      Exactly right....and this law basically applies to the primary producer of adult content....aka...the studio. However....a while back...they were actually attempt to force 2257 laws on "secondary producers" including affiliates!

      That would have meant anyone who was an affiliate of any adult content site would have been forced to produce hard copy 2257 documentation for EVERY PERFORMER APPEARING IN EVERY SCENE IN EVERY MOVIE!

      Fortunately the adult industry was able to put a halt to it...by explaining that the safety of performers would be jepordized by every tom, dick, and harry having access to personal information of performers which is the truth.

      You must absolutely have all the proper disclaimers listed as well.....as community standards vary from county to county.

      I personally grew tired of paying lawyers to keep me legal....and eventually bailed on the industry...both as a producer and secondary producer.

      There's definitely money out there....if you know what you're doing....but there's no such thing as set it and forget it as it applies to the adult industry.....the laws change daily! So be careful.


      xxx Vegas Vince
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  • Profile picture of the author Sfrew
    You also have to consider where and how you might promote these, as links from your non-adult sites can get those sites tagged as adult also.

    You need a system in place to assure that minors are not accessing the site -- check Federal Trade Commission for those details.
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  • Profile picture of the author kindsvater
    As someone who has been involved with litigation involving hundreds of adult websites - most definitely 18 USC 2257. Violations involve severe, mandatory prison terms.

    Even if you have a custodian with the required disclosures, if you do not properly identify who the custodian is, hello prison.

    As an affiliate you can have unbelievable liability if your ads are explicit (covering up part of an explicit ad to make it 'non-explicit' still subjects you to 2257) - or if you are linking to explicit material.

    Personally, this is one area that affiliates trying this out without knowing exactly what the law requires and how to comply, need to avoid with a ten foot pole.

    I've seen people lose their jobs, have marital problems, had websites shut down, be practically forced into bankruptcy, etc - all as additional bonuses to legal problems in the adult industry.
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  • Profile picture of the author rapidscc
    Hi Warriors!

    Thank you very much for the insight...

    Due to the inputs I received I concluded that..

    The adult industry is really hot but in both ways..

    It's a good way to make an income but also a fast way to lose it if one is not careful..

    If anybody wants to go into it..he/she must have some legal arsenal just in case...

    So, as of the present I think I'll pass..It's always better to be safe than sorry..

    Again, thanks to all of you..very valuable information...

    oMar/RapidScc
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