Practical Solutions to Legal Compliance Linda L. Goodman, Esq. The Goodman Law Firm 126 West Fir Street San Diego, CA 92101 (619) 233-3535 [email_address] www.thegoodmanlawfirm.com

What is Your Business Model What Business Model Meets your Goal: Partnership Corporation Limited Liability Company Is the Organization Set up Properly and Maintained properly?

What Business Model Meets your Goal:

Partnership

Corporation

Limited Liability Company

Is the Organization Set up Properly and Maintained properly?

Business Foundation Entity Selection Tax Accountant IC Agreements Continuing Corporate Governance Asset Protection Anonymity Employment Agreements Executive Agreements IP Protection Handbook Confidentiality Agreements Legal Advice Human Resources Bookkeeping

What You DO Determines the Legal Risk Advertiser? Publisher? Affiliate Network? Affiliate? Lead Generation? Each Area Has Similar but Unique Risks

Advertiser?

Publisher?

Affiliate Network?

Affiliate?

Lead Generation?

Each Area Has Similar but Unique Risks

NETWORKS Advertiser Website ISP Agreement Domain State Specific Compliance Checklist FTC Compliance Checklist Affiliate - Service Provider Agreement Checklist Application Compliance Certification Policies & Procedures Terminations (Policy & Letter) - Advertiser Agreement - Affiliate Agreement - Spamhaus Compliance - Vetting Program - Unsub Policies - Domain Sale Agreement - Domain Registration - Affiliate Agreement - Advertiser Agreement Website - Review - Co Branding - Cross Promotion - Affiliate vetting Program - Privacy (SMS, Habeus, Broad) - AUP - Disclaimers Terms & Conditions (site specific) - Lead - Loan - Insurance - Incentive - DMCA - Unsub Policies

Website

- Review

- Co Branding

- Cross Promotion

Terms & Conditions (site specific)

- Lead

- Loan

- Insurance

- Incentive

How Compliance Is Possible…. Commit to be compliant Make a Compliance Plan Review your current compliance policies with your counsel and consultants In House Training - Educate your Staff Set up a program for continuous monitoring….

Commit to be compliant

Make a Compliance Plan

Review your current compliance policies with your counsel and consultants

In House Training - Educate your Staff

Set up a program for continuous monitoring….

MUST READ FOR COMPLIANCE FEDERAL TRADE COMMISSION DotCom Disclosure Guidelines Rules of the Road -Advertising and Marketing on the Internet FTC Guide Concerning the Use of the Word Free FTC Policy Statement Regarding Advertising Substantiation FTC Guides Regarding Advertising Substantiation Deceptive Pricing Dietary Supplements Use of Environmental Claims [Green Guides] Use of Endorsements and Testimonials

FEDERAL TRADE COMMISSION

DotCom Disclosure Guidelines

Rules of the Road -Advertising and Marketing on the Internet

FTC Guide Concerning the Use of the Word Free

FTC Policy Statement Regarding Advertising Substantiation

FTC Guides Regarding

Advertising Substantiation

Deceptive Pricing

Dietary Supplements

Use of Environmental Claims [Green Guides]

Use of Endorsements and Testimonials

Best Practice Policies DMA Guidelines IAB Guidelines Internet Law: A field guide Jonathan D. Hart

DMA Guidelines

IAB Guidelines

Internet Law: A field guide

Jonathan D. Hart

Action Steps Now… Review your Policies with Your Counsel Review your Contract with Your Counsel Review your Vetting Practices – Create Them Train your Staff Surf the Web DOJ Websites FTC Website Google Searches and Alerts

Review your Policies with Your Counsel

Review your Contract with Your Counsel

Review your Vetting Practices – Create Them

Train your Staff

Surf the Web

DOJ Websites

FTC Website

Google Searches and Alerts

MONITOR…KEEP MONITORING Linda L. Goodman, Esq. The Goodman Law Firm 126 West Fir Street San Diego, CA 92101 (619) 233-3535 [email_address] www.thegoodmanlawfirm.com