Is something going to happen to me because of this?

29 replies
I am afraid I have broken a rule to do with clickbank marketing.

I got an email today telling me that my hoplinks have been blocked by request of the vendors because on my landing page I am using stolen images of a woman and the venus before and after stories..the woman is now threatening legal action it said.

Please especially note: "Any affiliate caught breaking any of these terms will be banned immediately without hesitation, and will not be eligible for reinstatement."

Your funds have also been held at 100% until you have confirmed that you have removed the images.


I am now extremely frightened. I am what you'd call a pretty inexperienced affiliate marketer. I just do it to make some extra money for myself so I can buy a car.

Is this going to end badly for me?
#happen
  • Profile picture of the author ChrisBa
    Right now, I'd say anything could happen. Have you tried reaching out to CB?
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    • Profile picture of the author karmadog
      Originally Posted by ChrisBa View Post

      Right now, I'd say anything could happen. Have you tried reaching out to CB?
      Yes, I replied to the email right away saying I have removed everything.

      I removed all landing pages, and now I'm in the process of removing my whole wordpress installation from that domain.
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  • Profile picture of the author karmadog
    I just simply didn't know!

    Why can't they just let me off with a warning, because I promise I'll NEVER do it again.
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    • Profile picture of the author JC Web
      Originally Posted by karmadog View Post

      I just simply didn't know!

      Why can't they just let me off with a warning, because I promise I'll NEVER do it again.
      They already gave you a warning in their ToS and yet you still did it. You also broke the law. You are not the victim here.
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  • Profile picture of the author karmadog
    It says in the terms and conditions page for The Venus Factor: *** Any affiliate caught breaking any of these terms will be banned immediately without hesitation, and will not be eligible for reinstatement. ***

    Doesn't this just mean that I'm going to be banned?
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    • Profile picture of the author Cali16
      Originally Posted by karmadog View Post

      Doesn't this just mean that I'm going to be banned?
      No one here can answer this for you. They apparently haven't banned you yet, so that may be a good sign that they won't now that you've removed the photos. But only CB can answer that question for you.

      You said "I'll never do it again", so that suggests you "borrowed" the images without permission (as opposed to purchasing them from a stock photo site) - a HUGE no-no. People do this all the time with articles and images they find online, thinking they're fair game for anyone's use. However, the reality is that it's akin to stealing, and whoever owns the copyright to the image or article can take legal action against you for using it without permission.

      Ultimately, the ball's in CB's court. All you can do is wait to see what they do or contact them again to see if they'll respond.

      If you do get banned, then consider it a painful lesson. I realize TOS can be a pain to read because they're often very lengthy and written in legal jargon. But it's always the responsibility of the user to read them and abide by them, and it's also the best way to protect yourself.
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  • Profile picture of the author karmadog
    Has this ever happened to anyone else?
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  • Profile picture of the author Regional Warrior
    First up if the lady is going to sue for her picture you need to talk to legal advice pronto
    Also find where you have the photo from , as this may help later on if you purchased from a photo online business.

    I have not had this happen to me but a fellow warrior ages ago did and it got very messy so remember you broke the TOS so as written before you are not the victim so for being harsh but if you try to game a system you will get bitten
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  • Profile picture of the author nicheblogger75
    I'm not a lawyer (which is probably who you should really be speaking to), but from what you have written it looks like the woman simply wants her picture taken down. I would definitely go back to where you got that picture, if you in fact purchased it from a stock photo site or maybe bought a package of stock photos. I can see how this can happen to someone who simply purchases one of those stock photo packages. That's why you need to trace back to where you got the photo, because maybe you are not the one who will be held legally responsible if you purchased the photo from someone who was unlawfully selling it.

    If you just went on Google and got the photo, then that could be a problem for you, because you would have used the photo without permission from the owner/person in the picture. Again, I'm not a lawyer. You really haven't provided us with enough information to be able to give an educated answer.

    I know you are inexperienced, but ignorance is no excuse. I also know this could have also happened to anybody on this forum if they had purchased a stock photo package and some of the photos were not on the level.

    Also, something else to consider is that you may be the target of a scam. Are you 100% sure that that email came from Clickbank? There are thousands of people on the internet pulling scams like this. They scare the crap out of you with the first email and then a week or so later you get another email telling you that they can make it all go away for $3000 or some other monetary amount. Make sure you are not being scammed. It's more common than you might think.
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    • Profile picture of the author jeffreydale
      It's odd how she contacted Clickbank and not you directly. Most people who go after you with a DMCA either warn you first through email, or contact your hosting provider, not your source of income service.

      This could most likely be a competitor in your niche trying to rattle your bones, still tread with caution, and if you are using copyrighted material it'd be wise to remove it now.
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      • Profile picture of the author karmadog
        Originally Posted by jeffreydale View Post

        It's odd how she contacted Clickbank and not you directly. Most people who go after you with a DMCA either warn you first through email, or contact your hosting provider, not your source of income service.

        This could most likely be a competitor in your niche trying to rattle your bones, still tread with caution, and if you are using copyrighted material it'd be wise to remove it now.
        Well, the email I got is from someone@clickbank.com And that can't be faked can it?
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        • Profile picture of the author nicheblogger75
          Originally Posted by karmadog View Post

          Well, the email I got is from someone@clickbank.com And that can't be faked can it?
          Actually I'm pretty sure it can. Sometimes I get emails from my own email address that I know I did not send to myself. I think people using mailing software can put any "from" address in there that they want. However, if you have Gmail you would normally get the little warning message telling you that it might not be from who it says it's from.

          There is no way you will go to jail for a simple copyright infringement, unless it was on a massive scale and you were somehow committing fraud or otherwise bilking people financially using whatever material you stole. I have a friend who didn't pay taxes for 8 years and owed the IRS $23,000 in back taxes and he didn't go to jail so I don't think you will have an issue here. In fact, I think certain copyright infringement is a civil matter. Again, I'm not a lawyer so you will need to do your own fact checking on that. As far as a fine, I'm sure that's an option if you are sued, but I don't think anyone could make a guess as to how much.
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    • Profile picture of the author Kay King
      The OP is not a victim.

      He TOOK what he wanted from someone else's website - put it on his own landing page as his own - that's what HE says. He violated terms and conditions because he didn't read them when he agreed to them. "I'm sorry" doesn't always get you off the hook in real life....

      No one here knows the full story - we can't speak for clickbank or for the seller.

      Amazing to me that people are providing possible excuses for him. Of course the person contacted CB. From what he says. sounds as if this was a CB seller - and he was an affiliate violating the rules in place to PROTECT the seller's work product. Of course, that's my own 'guess' - but as valid as anyone else's.

      Simply put - we don't know the other side of the story.

      He did the deed - he'll have to wait and see what happens. No one here can guarantee anything or fix it for him.
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  • Profile picture of the author karmadog
    If I do get fined, exactly how much would I be expecting to have to pay? Like some ridiculous amount of thousands of dollars (which I can't afford by the way).

    So what would that mean then, I'm going to jail?

    By the way, I don't know if it makes any difference, but I am not in the United States.
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    • Profile picture of the author Tsnyder
      Originally Posted by karmadog View Post

      If I do get fined, exactly how much would I be expecting to have to pay? Like some ridiculous amount of thousands of dollars (which I can't afford by the way).

      So what would that mean then, I'm going to jail?

      By the way, I don't know if it makes any difference, but I am not in the United States.
      I think you're probably going to jail for at least 20 years. Don't listen to these other posters... they're just trying to make you feel better. 20 years... book it.
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      If you knew what I know you'd be doing what I do...
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  • Profile picture of the author cpwebsite
    I would expect you to be permanently banned but I would be surprised if you have any major lawsuits or jail time as a result of that. People don't go to jail for that (at least in the US) though they might experience minor lawsuits.
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    • Profile picture of the author karmadog
      Originally Posted by cpwebsite View Post

      I would expect you to be permanently banned but I would be surprised if you have any major lawsuits or jail time as a result of that. People don't go to jail for that (at least in the US) though they might experience minor lawsuits.
      What's a minor lawsuit?
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  • Profile picture of the author Mark Singletary
    The most interesting thing to me is that the OP has been fascinated by legalities if you look at previous threads. Worried about going to jail, paying fines, or being sued for stolen content, violation of email rules, etc.

    This makes me think you knew exactly what you were doing, you knew it was wrong, didn't care about stealing other people's property, and were using the forum to gather info on just how much thievery you could get away with.

    Pitiful and disgraceful.

    Mark
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    • Profile picture of the author karmadog
      Originally Posted by Mark Singletary View Post

      The most interesting thing to me is that the OP has been fascinated by legalities if you look at previous threads. Worried about going to jail, paying fines, or being sued for stolen content, violation of email rules, etc.

      This makes me think you knew exactly what you were doing, you knew it was wrong, didn't care about stealing other people's property, and were using the forum to gather info on just how much thievery you could get away with.

      Pitiful and disgraceful.

      Mark
      I didn't come here to argue with people, I came here for advice. I'm being honest with everything I say, I do like to be careful with everything, but In this case I just simply didn't know, because as I said I'm an inexperienced marketer (Yeah yeah, that's no excuse I know).

      But there's no need for such nasty comments.

      Anyway, Thanks to the people here who helped me out.
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      • Profile picture of the author Mark Singletary
        I don't believe I was being nasty - I was trying to be helpful in an indirect way.

        You've been so worried about going to jail or getting in trouble for this or that or the other. Yet you go and do exactly what you are worried about. Then you get caught. Now you lose money. Now you get banned perhaps. Now you may get sued.

        Maybe you believed all the people that said it happens all day long and it's no big deal. Maybe you thought that they would vouch for you before the judge. Maybe you thought they would defend you with Clickbank or whoever. Maybe you thought since you aren't in the US no one can touch you.

        Who knows what you were thinking but it seems weird to be so worried and then go and do exactly what the worry is about - intentionally or not.

        If I were really worried about unintentional theft, I would double check everything before I put it on my site or in my book. I would use originals where I could. I would pay the fees, sign the licenses, or do whatever it was that would keep me out of hot water.

        Be careful about who you listen to here. When the stuff hits the fan not a soul here is going to defend you - no matter how quickly they try to offer helpful advice.

        People that are worried about stuff like this are better than the crooks and scum that don't worry. So worry, figure out how to be legal/ethical/moral and get to work.

        After all you can do there may still be mistakes. Some mistakes costs us big time. Some have very little consequences. But all you can do is all you can do. Problems are part of life and business and no one can escape them.

        Mark

        Originally Posted by karmadog View Post

        I didn't come here to argue with people, I came here for advice. I'm being honest with everything I say, I do like to be careful with everything, but In this case I just simply didn't know, because as I said I'm an inexperienced marketer (Yeah yeah, that's no excuse I know).

        But there's no need for such nasty comments.

        Anyway, Thanks to the people here who helped me out.
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  • Just deny it, you'll be fine.
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    • Profile picture of the author Cali16
      Originally Posted by aspiringaffiliate View Post

      Just deny it, you'll be fine.
      This is the epitome of a foolish and ignorant response - and best ignored.

      As an "aspiring affiliate", you might want to learn about copyright infringement and take heed. You can get sued for using images and other copyrighted content without permission. Denying it isn't going to get you off the hook when someone decides to take legal action against you.
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  • Profile picture of the author Sumon2k7
    Don't worry man, this type of thing happens, you don't worry. Just be straight forward and let them know by mistakenly you've did the fault and by far you've learned your lesson, and will not commit same mistake again. Every thing will be fine, just be positive.
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  • Profile picture of the author Your IM Friend
    The question is: where did you get that photo of a woman?

    If you bought it, then I guess you have an excuse. If you just took it from someone else's website, then you might be in problem.

    I also guess you could get away by just removing everything, as I don't believe someone will sue you over one photo. (Not saying it can't happen)

    However, the lesson is: whatever you do online, always purchase photos legally and keep track of every purchase, besides reading every license carefully to know what you can do with particular photo and what you can't do.
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  • Profile picture of the author dawoodkhan97
    Best thing is to reach out to CB instead of posting here.
    They are the ones that can solve this issue
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  • Profile picture of the author ashrafpeal
    Just deny it, you'll be fine.
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  • Profile picture of the author Doug9
    Most likely a scam.
    You telling me some woman has nothing to do but search the internet for her picture and pay a lawyer to sue people?

    First of all you need to learn to read the headers of emails to tell if they are authentic or not.
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  • Profile picture of the author Jonathan S
    If you use any photo from Google or anywhere without any rights then you'll likely to get into trouble. In your case, chances are the woman might just want you to take down her photo and that was it, nothing to worry about... on the other hand, it could be worse. Surely, you won't get into jail but you can get into some financial trouble, it can close down your business or hurt your financial status. Here's an example of such cases in the web. Cost Of Using Google Images . The best way I believe is to apologize for your mistake and let her know that you've already taken down the photo and that you've already deleted it from your system specially if the woman went too far with her complaints. Though some people are crooks and they want to get good money from scamming people or blackmailing people with the help of a dodgy lawyer and I do hope she's not like them. This can be a lesson to everyone when using images, better provide your own photo, buy stock photos from website like shutter stock or buy stock photos with resell rights. On the case of Clickbank, sounds like it was just a warning so you should be OK unless you'll do it again.
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  • Profile picture of the author cooler1
    If you take a screenshot of the email you received from CB and post it here, people will be able to give an opinion on whether it's a fake or not.
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