Yeah … it’s not such a nice thought to have. That’s why whenever you look into a new business idea, it’s important to get as much information as possible about it, so you don’t have problems later on.
Before I started dabbling in the online marketing space, I was asking the same question like most of the other beginners. Back then, the problem was that there were not so many resources regarding legality on the internet.
That’s why I decided to write this article. To help people like you find the information they need.
You’re probably one of the very few people who do so.
If you’re here to find out if affiliate marketing is legal and what you need to do in order to stay away from trouble, then you’re in the right place.
In this article, we will go over everything that I know about the legal aspect of affiliate marketing.
Disclaimer: I am not an attorney or a judge. In this article, I’m just giving you the information I know regarding the legal aspect of affiliate marketing from the position of an affiliate marketer. You should contact your local attorney or legal counselor if you want to educate yourself more on this specific topic.
However, as mentioned above, I will do my best to make you have a better understanding about it. I will tell you everything that I personally know about the legal side of affiliate marketing.
Let’s jump straight into it:
Is Affiliate Marketing Legal?
It’s popular because it allows you to make money without creating a product. Heck, you don’t even need to touch a product if you’re working with digital products.
Of course it’s not as easy as is used to be a decade ago. Nowadays, there are laws that keep people in check.
Before, you could have easily gotten scammed (like I did). Fortunately that’s not the case anymore.
Who Regulates Affiliate Marketing?
Usually, online business models like affiliate marketing are regulated by governments agencies. Also, they can be regulated by organizations like the Federal Trade Commission (if you live in the United States).
These organizations are rather concerned with the safety of consumers, and not necessarily with the safety of marketers and vendors.
Product creators who decide to create an affiliate program are the most concerned about the legal aspects. They need to carefully watch out for what their affiliates say about their brand.
They could get into serious trouble if they don’t pay enough attention to it. Clickfunnels had to change their entire affiliate program regulations because of the claims people were making about their brand.
If you’ve been in the online space in the past years, you probably know what I mean. The YouTube gurus were promoting Clickfunnels as an incredible opportunity to make money online.
They were making it look like a pyramid scheme. That’s why Clickfunnels decided to force affiliates to promote their product as what is actually is: a sales funnel builder.
Affiliate Marketing Legal Issues
There are a couple of common legal issues regarding affiliate marketing. Here are some of the most common ones that I personally faced:
The good thing is that there are a ton of templates on the internet that you don’t even need to change.
You need to let people know that you display affiliate links on your blog. It’s basically just a long sentence which lets your visitors know that if they were to click on one of your links, you may or may not make money.
Again, there are plenty of templates online. The disclaimer page is mandatory if you’re planning to build an affiliate website.
If you pay for a logo or you’re planning to build an established brand, you need to protect it from thieves (fun fact: there are still thieves on the internet :))
When you register a trademark, you basically have exclusivity to use certain logos, phrases or even words!
Also, be careful to not use someone else’s brand name. They might get you into trouble.
If I were you, I wouldn’t worry so much about the legal aspect of affiliate marketing. You know how it goes: if you don’t make money, nobody will attack you :).
I know that as a beginner, it can be very overwhelming when starting an affiliate business. Or any business for that matter.
Your primary focus should be making money. After that, you can speak with an attorney from your country if you want.
My advice is to invest in a high quality affiliate course that teaches you from A to Z how to build a profitable affiliate marketing business. I would suggest checking out Robby Blanchard’s Commission Hero.
It’s the course that helped me the most in my online journey.
Be consistent and stay safe!