I wasn’t at all surprised when I logged on to Clickbank last night to see that they have their new terms up requiring clients to agree to before logging in:
All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
And I think this part is new too, once again, no doubt so they can handle the new rules:
ClickBank reserves the right, but not the obligation, to review your Promotions. You agree that ClickBank, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support or other items related to the content of Your Promotions.
Then for vendors:
You will advise ClickBank of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or relation to such Product You receive from any person, company or entity who purchased such Product or received a Promotion in connection with such Product within two business days of Your receipt of such complaint. You shall assist ClickBank, at Your sole cost and expense, in taking any steps and actions, as necessary and appropriate, or as reasonably requested by ClickBank to respond to and/or resolve such complaints.
And there’s some stuff about indemnification, and that Clickbank doesn’t take responsibility for the stuff you do, as much as the law allows them to avoid it.
Really it’s all pretty sensible. Behave yourself, don’t make false, deceptive or exaggerated claims. Even if you had great results yourself, be careful about what you say. They’re liable, and they will do everything they can to protect their business. You’d do the same.
If you’re wondering what to do and what to worry about, Lynn Terry has some good posts on the new FTC Guides and on how to do FTC compliant endorsements and testimonials. There are also products steadily coming out on how to cope… naturally! When something this big impacts internet marketers of all stripes, there are going to be big product launches.
I haven’t bought anything so far. It’s hard to tell at this point what’s going to do the job. I really don’t have anything in particular to recommend at this time. You do at least need to read up on the materials that are out there free, right now.
The big point to remember is that right now the FTC wants to work with bloggers. Even if they find something wrong with your marketing, the current plan is to give you a chance to comply. Fines aren’t the first thing they’ll be doing, or so they say.