Affiliate Marketing And Fake News Reports

internet attorney fake news marketing

Ask your Internet attorney about "news" marketing

As an Internet attorney who conducts website legal audits, here’s an issue that comes up all of the time.

If you believe in a product or service that you’re promoting as an affiliate, can you provide “news” about the product? That’s a question that’s coming back to haunt affiliate marketers.

In April, the FTC filed lawsuits against marketers who claimed to be reporting news about weight loss products that were in fact nothing more than sales pitches containing unverified claims.

According to the FTC, “[m]illions of consumers are being lured to websites that imitate those of reputable news organizations.  The “reporters” on these sites supposedly have done independent evaluations of acai berry supplements, and claim that the products cause major weight loss in a short period of time with no diet or exercise.  In reality the websites are deceptive advertisements placed by third-party or ‘affiliate’ marketers.  The websites are aimed at enticing consumers to buy the featured…weight-loss products.  These fake news operations are the subject of a nationwide law enforcement initiative.”

“Almost everything about these sites is fake,” David Vladeck, director of the FTC’s Bureau of Consumer Protection, said in a statement. “The weight-loss results, the so-called investigations, the reporters, the consumer testimonials, and the attempt to portray an objective journalistic endeavor.” – FTC takes aim at deceptive ads, Minneapolis Star Tribune (May 22, 2011).

When you’re promoting a product or service online for your own business, or as an affiliate marketer, make sure you don’t cross the line into deceptive marketing with tactics like fake news reports or reviews. Your Internet attorney can help you tread through this cyber legal minefield.

Best wishes,

-Mike the Internet Attorney

Does Google have the right to slap your website?

Internet lawyer Google Slap

Has your website suffered a Google slap?

As an Internet lawyer, I’m hearing the uproar out there because Google has changed its search engine algorithms to penalize websites that deliver “low-value” content.

Some website owners claim that a Google slap is illegal because it hurts their businesses. Can Google legally knock your site down in the search engine rankings?

Absolutely.

Google is a publicly-traded company (not owned by the government) that crawls the web and ranks content as it sees fit. Those who use Google Search are wanting relevant results, not low-value content.

And Google gets to decide the value it places on the content of each website. You don’t…and neither do I.

EXAMPLE: I’d love for Google to place Website Legal Forms Generator software ( http://LegalFormsGenerator.com ) as the #1 result for privacy policies every other search anyone does about protecting their online businesses from lawsuits, government investigations and other legal dangers.

But you can’t force Google to do something like that, just like Google can’t demand you install a Google Search box at the top of every page on your website.

Like Google, you can expect Bing and the lesser search engines to constantly improve their algorithms in order to produce what they believe are relevant search results. That may seem unfair if you’ve been slapped…but it’s their ballparks so they get to make the rules.

Can the owner of a search engine be held liable for results? Sure. If the search engine results are rigged to intentionally slap you because you’re a competitor, there might be a deceptive trade practice occurring.

Similarly, if the search engine results are “fixed” by intentionally reporting falsely that your website infects visitors with viruses or spyware, there might be liability. If that happens, you’ll want to huddle with your Internet lawyer to map out a game plan.

But modifying algorithms and applying them across the board is a business decision, not violating the law. If Google screws up doing this, it will have to backtrack or a competitor like Bing will grab market share by providing more relevant results.

To your online success!

-Mike the Internet lawyer

Inside the dark side of the product launch game

Internet attorney product launch

How does a product launch work?

As an Internet attorney and online business owner, I get to analyze many product launches. There are good products out there, ethical product launches, and product launch managers who know what they’re doing when promoting things that bring value to the lives of customers who buy.

Let’s use a hypothetical launch to show you how things really work on the dark side of product launches. We’re talking the get-rich-quick launches that will sell you something of limited value but pretend you’re buying your ticket to wealth without putting in the effort.

Who wants to be a trillionaire?

Billy Bob and Willy Bob decide to launch Trillionaire Blogging Secrets (TBS), an auto-blogging product that sells for $1,000 and pays out a 50% commission to affiliates and 75% to super affiliates.

Let’s assume that Billy and Willy actually pay their affiliates, programmers, affiliate manager, copywriter, and web designer.

The TBS launch will take up 2 solid months of the guys’ time to cover pre-launch, launch, and post-launch.

Thanks to promo from some big list owners  as super affiliates, Billy Bob and Willy Bob build up a list of 25,000 subscribers. Most launches won’t have super affiliates so these guys got lucky and built up a list at least three times larger than they’d otherwise create without the super affiliates promoting.

At launch and a small window post-launch, 15,000 of those subscribers show up and read the sales letter for TBS. 4% decide they want to become trillionaires and buy the product.

But 1 out of every 4 buyers charges back or demands a refund, leaving a net 3% conversion rate. Some even get their Internet attorney involved in order to squeeze out a refund…or they file complaints with the government, anti-scam websites, etc.

But 3% of 15,000 is still 450 sales. And 450 * $1,000 = $450,000.

Does this figure make Billy and Willy trillionaires?

Not quite. Let’s break the numbers down further. After paying out affiliate commissions, handing out affiliate prizes to the top sellers, paying production costs, etc., the guys are left with 1/3 of the money.

$450,000/3 = $150,000.

And then there are income taxes (assuming they’re not committing tax fraud). Let’s conservatively write off $30K for that, leaving $120,000.

Then the funds are split between Billy Bob and Willy Bob, i.e. each is getting a $60,000 pay day.

From a timing standpoint, the guys are looking at a maximum of 3 launches per year. More than that isn’t feasible logistically because of seasonal dead zones, competing launches, etc.

In other words, 3 launches will earn each of them $180,000 annually. Nice money but not building wealth if they’re blowing it on the “guru lifestyle,” that is, spending the money as fast as it comes in to fake it until they make it.

If Billy Bob and Willy Bob want to boost their income, they’ve got to promote heavily to their email lists regularly. This means promoting for stuff with a big affiliate payout (assuming they don’t get “stomped” by nonpayment). They pike as affiliates for products that often have little value but are sold to newbies who don’t know they’re getting screwed.

And the vicious cycle continues…at some point, an Internet attorney representing a deceived customer, or a government agency deciding to make an example, will nail Billy and Willy for misconduct when they cross the line by making unsubstantiated claims. It’s a natural response to part of this disturbing trend in Internet marketing.

Product launches have their place in a successful business model. But they can be misused in Internet marketing to hurt a lot of people…customers who mistakenly placed their trust in the wrong “gurus” because of lack of knowledge, financial desperation or greed.

Caveat emptor.

To your online success!

-Mike the Internet Attorney