Jeff Knowles and Greg Sater published "Think You Aren't Your Online Affiliates' Keeper? Think Again" in the September 2013 edition of Response Magazine.
A recent Tenth Circuit Court of Appeals decision in 1-800 Contacts Inc. vs. Lens.com Inc. illustrates just one of the hazards marketers may encounter when utilizing online affiliate marketers to drives sales of their products and services. The trademark law decision highlights the recent trend, also found in other areas of law – such as Federal Trade Commission (FTC) false advertising law – of marketers being held liable for the conduct of their online affiliates, even though the marketers rarely if ever know the identities of those affiliates.
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