Legal Documents For My Sales Page

22 replies
Hi, do i really need all that legal content for my sales page (privacy policy, disclaimer...) and if i buy a plr product and then i sell it as my own do i have to use my own legal documents or i can use the ones from the plr product?


Also is it true that I am responsible for the actions of my affiliates?
The problem is that clickbank doesent allow me to approve the affiliates I want...anyone can promote my product and get me into trouble....
#documents #legal #page #sales
  • Profile picture of the author mr2monster
    Originally Posted by secrets2010 View Post

    Hi, do i really need all that legal content for my sales page (privacy policy, disclaimer...)
    I suppose that's your call... but it's a good idea.

    and if i buy a plr product and then i sell it as my own do i have to use my own legal documents or i can use the ones from the plr product?
    Well, you can use the PLR ones as long as they're good quality.

    The bottom line is that you're probably not going to get sued... but if you do, don't you want something that is going to protect your arse?

    Also is it true that I am responsible for the actions of my affiliates?
    The problem is that clickbank doesent allow me to approve the affiliates I want...anyone can promote my product and get me into trouble....

    This I'm not sure about... it's a good question.
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    • Profile picture of the author Steve Wells
      Anybody know where to get a free default Disclaimer and Privacy Policy to use on your pages?
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      • Profile picture of the author Jeff Henshaw
        Anybody know where to get a free default Disclaimer and Privacy Policy to use on your pages?
        Have a look at my post #7 in this thread:

        http://www.warriorforum.com/main-int...e-reports.html

        Some of the links lead to sites that give out free documentation, but please read their terms of use.

        Regards,
        Jeff.
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      • Profile picture of the author petevamp
        Originally Posted by EWGQDD View Post

        Anybody know where to get a free default Disclaimer and Privacy Policy to use on your pages?
        If you are using wordpress for your site. Then there is a free plugin that creates the privacy policy for you. As far as the disclaimer goes. I would just do a google search and read a few sites disclaimer so that you can figure out what you want to add to your own. I have a compensation discloser I can give you if you.
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        • Profile picture of the author petevamp
          Here is a compensation discloser I use

          This website features products that have been researched and that we feel provide the best quality products and services to the referrals that come from this website. In order to run and maintain a website that provides reviews to you, there are costs associated. For example, hosting, research, time to edit the website, marketing, and so on.
          The website owner's opinion regarding products or services featured, may be partially formed (consciously or subconsciously) in part based on the fact that this website owner has been compensated or will be compensated because of the website owner's business relationships with the companies featured. The type of compensation received by this website owner may vary. In some instances, this website's owner may receive complimentary products, services, or money from a Provider. In other instances, the website owner may receive a monetary commission or non-monetary compensation when you take action based on the content of this website. This includes, but is not limited to, when you purchase a product or service from a company listed, or after clicking on an affiliate link on this website.
          The owner of this website, has taken the time to bring you top quality products and services and also, has taken into account, the support that you might receive from these providers. If you need help, or have any questions regarding the products featured, please post your questions through the contact us page, before purchasing any product or agreeing to any terms. You may also visit the service provider page and submit your questions to them.








          And Here Is a earnings disclaimer


          You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you, about future prospects or earnings, or that you will earn any money, by joining any of the programs mentioned at this website.
          Any earnings or income statements, or income examples, are only estimates of what each of featured products or advertisers, estimate that you could earn. We cannot assure that you will do as much. If you rely on these figures, you must accept the risk of not doing as well.
          Your success can only be determined by you, and by your background, work ethics, practice and/or business skills. We cannot guarantee that you might do as well as other success stories you might have heard of.
          Internet business is affected by several factors outside marketers and/or websites, such as economic recession. Your results may be affected by these factors as a part of internet business uncertainty.
          You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own attorney on any legal questions you may have.
          We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
          Testimonials and examples featured at this website and/or any of our featured product sites can be considered as exceptional results. Any claims or representations from our partners, or this site, are not to be considered as average results.
          Average results may vary depending upon the success of your campaign, and are directly responsible and proportionate to the work, effort and time/money investment you put on your website and campaign. There is no assurance that any past success, published at any of our affiliates, can be considered as a future reference, on how well you are going to do. Please note that some customers have made nothing within a month, up to be gathering results within the next 5 to 6 months. Please note, that you may not make any money from whichever product you decide to purchase from our website, as some customers have. We cannot assure or deny that the results depicted at this website, are that of an average nature.
          You agree that our company or any of it's featured products/sites, not to be directly responsible for the success and or failure of your campaigns or business.
          Finally, we urge you to be well prepared for any decision you may take upon purchasing any of the products featured here at MassiveMarketers.com. Inform yourself about the product that you are going to purchase, in order to make an educated guess.




          Feel Free to Use Or edit these to fit your needs.
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  • Profile picture of the author kindsvater
    They are not your affiliates in ClickBank. They are ClickBank's affiliates.

    Per ClickBank's agreement you are a wholesaler to ClickBank, who retails the product to the public. That is why ClickBank is responsible for certain taxes and you are not. That is also why they are not your affiliates.

    If someone comes to you about a problem with an affiliate, you need to immediately send them to ClickBank to make the appropriate complaint. AND you should do the same by forwarding the complaint to ClickBank so that you are covered.

    .
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    • Profile picture of the author secrets2010
      Originally Posted by kindsvater View Post

      They are not your affiliates in ClickBank. They are ClickBank's affiliates.

      Per ClickBank's agreement you are a wholesaler to ClickBank, who retails the product to the public. That is why ClickBank is responsible for certain taxes and you are not. That is also why they are not your affiliates.

      If someone comes to you about a problem with an affiliate, you need to immediately send them to ClickBank to make the appropriate complaint. AND you should do the same by forwarding the complaint to ClickBank so that you are covered.

      .
      It's also the same case if I decide to sell the product through payspree, rapbank or paydotcom?

      Also If I am sued for any reason is clickbank responsible for it? as they are actually the ones who are selling the product?
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      • Profile picture of the author kindsvater
        Originally Posted by secrets2010 View Post

        It's also the same case if I decide to sell the product through payspree, rapbank or paydotcom?

        Also If I am sued for any reason is clickbank responsible for it? as they are actually the ones who are selling the product?
        I don't know payspree or rapbank, but it is NOT the same for PayDotCom. That is because you are the retailer and they are your affiliates. I'm not sure if PDC lets you ban an affiliate or not.

        If you are sued because of actions by a ClickBank affiliate, yes, you immediately demand that ClickBank defend and indemnify you. Otherwise, you sue ClickBank.

        .
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        • Profile picture of the author secrets2010
          Originally Posted by kindsvater View Post

          I don't know payspree or rapbank, but it is NOT the same for PayDotCom. That is because you are the retailer and they are your affiliates. I'm not sure if PDC lets you ban an affiliate or not.

          If you are sued because of actions by a ClickBank affiliate, yes, you immediately demand that ClickBank defend and indemnify you. Otherwise, you sue ClickBank.

          .
          Well I read once on the website from an attorney (he's the lawyer of some well known internet marketers...) that it was necessary to have a disclaimer for that on our website to prevent to get into trouble for the action of our affiliates....
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          • Profile picture of the author kindsvater
            Originally Posted by secrets2010 View Post

            Well I read once on the website from an attorney (he's the lawyer of some well known internet marketers...) that it was necessary to have a disclaimer for that on our website to prevent to get into trouble for the action of our affiliates....
            You need to pay close attention to what is being said to avoid confusion.

            A disclaimer for "our" affiliates is a good idea.

            That does not mean "our" affiliates includes ClickBank affiliates.

            But an extra disclaimer for someone else's affiliates (eg, ClickBank affiliates) shouldn't hurt.

            (And so you know, some big time Internet marketers, including attorneys, have come through my doors or bought my products. But you will not see me dropping names. My practice does not work that way. I think only one client/customer of mine has been mentioned on the forum this last year, and I obtained their consent before doing that.)

            .
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            • Profile picture of the author secrets2010
              So it seems clickbank is the only or (at least the best) option if you want affiliates promoting your product....and don't want to get into trouble...

              By the way brian, what would happen if I buy a plr product (and then I sell it as it was my own) from someone that really doesent have the product label rights of that product....
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              • Profile picture of the author kindsvater
                Originally Posted by secrets2010 View Post

                By the way brian, what would happen if I buy a plr product (and then I sell it as it was my own) from someone that really doesent have the product label rights of that product....
                Good question.

                You buy a PLR package and it turns out the articles were ripped from someone else.

                If that happens and you receive a demand to remove the PLR articles from your website - remove them.

                Even though you are not the one engaged in the intellectual property theft, you can be the subject of a lawsuit because that is the means by which the property owner can prevent the further distribution of their works.

                Initially, then, the person engaged in copyright theft can be sued for damages and an injunction to stop their activity. You can also be sued for an injunction to keep you from distributing the articles, movies, etc., even if your possession / control was entirely innocent. Even if you paid money for the PLR and are yourself a victim.

                If you ignore a DMCA take down request, then you can open yourself up to also paying damages because now you are no longer so 'innocent.'

                .
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                • Profile picture of the author secrets2010
                  So is there a way to know if the PLR I'm buying is legit? and in case i was sued would I have to travel to United States, for example...(I am an EU resident...)


                  Originally Posted by kindsvater View Post

                  Good question.

                  You buy a PLR package and it turns out the articles were ripped from someone else.

                  If that happens and you receive a demand to remove the PLR articles from your website - remove them.

                  Even though you are not the one engaged in the intellectual property theft, you can be the subject of a lawsuit because that is the means by which the property owner can prevent the further distribution of their works.

                  Initially, then, the person engaged in copyright theft can be sued for damages and an injunction to stop their activity. You can also be sued for an injunction to keep you from distributing the articles, movies, etc., even if your possession / control was entirely innocent. Even if you paid money for the PLR and are yourself a victim.

                  If you ignore a DMCA take down request, then you can open yourself up to also paying damages because now you are no longer so 'innocent.'

                  .
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                  • Profile picture of the author BizWebMan
                    Originally Posted by secrets2010 View Post

                    So is there a way to know if the PLR I'm buying is legit? and in case i was sued would I have to travel to United States, for example...(I am an EU resident...)
                    A very good question, I live in the UK and therefore like you come under the EU convention and the laws that all states have agreed on. These can be very different to US law and what may be lawful here could well be a breach across the pond.

                    Maybe a warrior with this knowledge could enlighten us.
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                    • Profile picture of the author secrets2010
                      Originally Posted by gonzo View Post

                      A very good question, I live in the UK and therefore like you come under the EU convention and the laws that all states have agreed on. These can be very different to US law and what may be lawful here could well be a breach across the pond.

                      Maybe a warrior with this knowledge could enlighten us.
                      I've heard that if you are selling to customers from United States you also have to take into account US laws....

                      I'm not a laywer so I might be wrong...but is what I've read..
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        • Profile picture of the author Janet Sawyer
          Originally Posted by kindsvater View Post

          I don't know payspree or rapbank, but it is NOT the same for PayDotCom. That is because you are the retailer and they are your affiliates. I'm not sure if PDC lets you ban an affiliate or not.

          If you are sued because of actions by a ClickBank affiliate, yes, you immediately demand that ClickBank defend and indemnify you. Otherwise, you sue ClickBank.

          .
          Payspree - you again are the retailer.

          Rapbank - you again are the retailer.

          Clickbank - they are the wholesaler - you supply good products to them according to their terms and conditions, I guess if it goes wrong, you are the supplier and they sue you.

          Paydotcom - you are the retailer, they make money from you, they make money from your affiliates and they make money covering their payments to affiliates, at the end of the day - you again are the retailer. And you can ban affiliates from promoting your products listed on Paydotcom.

          RapBank - really is only an intermediatary service - all members of Rapbank use the RAP (rapid action profit script) which does allow them the owners of the script to ban resellers from within their dashboard.

          Payspree- newish to the market, but they do ban merchants from their system who do not pay affilitates. I'd have to check up if there is a way using their system to ban affiliates..... there's one thing I hadn't thought about....
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    • Profile picture of the author secrets2010
      Originally Posted by kindsvater View Post

      They are not your affiliates in ClickBank. They are ClickBank's affiliates.

      Per ClickBank's agreement you are a wholesaler to ClickBank, who retails the product to the public. That is why ClickBank is responsible for certain taxes and you are not. That is also why they are not your affiliates.

      If someone comes to you about a problem with an affiliate, you need to immediately send them to ClickBank to make the appropriate complaint. AND you should do the same by forwarding the complaint to ClickBank so that you are covered.

      .

      So I guess clickbank must have been sued more than once....taking into account the 100,000 affiliates that promote clickbank products...I'm not
      sure if I would like to be the owner....risky business...
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  • Profile picture of the author Derek S
    I just found this last night from Shoemoney! watch the video, this guy knows his stuff and provides you with everything you possibly need (including how to go about going after someone stealing your stuff)

    Kicking Legal’s Ass ShoeMoney System
    Signature

    --- Work Smart... Not Hard ---

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    • Profile picture of the author BizWebMan
      Originally Posted by Derek S View Post

      I just found this last night from Shoemoney! watch the video, this guy knows his stuff and provides you with everything you possibly need (including how to go about going after someone stealing your stuff)

      Kicking Legal's Ass ShoeMoney System
      Hey guys

      Derek found this site and it really is powerful stuff.

      If you want to know how serious this can get then check out shoemoneys video, it truly brings home how savage the legal system becomes if you fall into its sights.
      Kicking Legal's Ass ShoeMoney System

      Grahame
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      • Profile picture of the author secrets2010
        Originally Posted by gonzo View Post

        Hey guys

        Derek found this site and it really is powerful stuff.

        If you want to know how serious this can get then check out shoemoneys video, it truly brings home how savage the legal system becomes if you fall into its sights.
        Kicking Legal's Ass ShoeMoney System

        Grahame
        It's so true...I've heard of so many stories where guys were sued and lost everything that makes me think that better idea would be to quit IM...and sleep better...I'm trying to do all what is required to not get into trouble....but you never know...you might get sued because of selling a "fake" plr product (as explained above...) or because a member in your forum posts something that he shouldnt....and you as the owner of the website might be responsible...
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