So you’re ready to launch an Internet marketing empire. Before you spend a lot of money establishing your business, consider the 10 points below to make sure you’re in compliance with various online advertising laws.
- Make sure you have a written business plan outlining goals, time-frame, funding sources, contingency options, and whether Cost Per Action (CPA) advertising is based on click, impression, or sale.
- Form a Limited Liability Company (LLC) or a C-Corp that elects sub-chapter S status.
- For companies involved with affiliate marketing, consider placing disclaimers before links to other advertisers’ sites with whom you have no direct relationship or are unsure of the marketed product.
- Ensure you receive the full benefits of copyright protection by placing a statement like “© of XYZ”, with your name or company name in place of XYZ, at the bottom of every page on your website. Register your trademark or service mark with state and federal agencies. Make sure you’re not infringing on a copyright or trademarks.
- If you’re outsourcing your content writing, make sure you have written contracts or agreements in place with freelancers — and make sure those contracts transfer any and all rights (of the work) to you.
- Your site should have a Digital Millennium Copyright Act Notice that allows people to contact you, or your service provider, if they believe you’re hosting infringing content.
- Know the difference between resale rights, master resale rights, and private label rights.
- Hire an experienced attorney familiar with internet marketing laws to draft your contracts. Make sure contract provisions regarding disputes is in your favor.
- If you’re providing a testimonial (endorsement) for a product or service, it must be truthful and you must disclose any connection to the advertiser that might materially affect credibility. Also, know the Dot Com Disclosures, backwards and forwards.
- If visitors to your site can subscribe to services, consider using a double opt-in verification method. Although it may decrease conversion rates, it could save you thousands in legal fees later on.
Contact and Internet Marketing Lawyer
This list is not comprehensive. Please contact us to set up a consultation to discuss Internet marketing laws and other online or technology legal issues.