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Social Media – A Marketing Bonanza

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Social media is becoming a mature industry and the marketing opportunities are expanding daily. As the social media providers mature, so do their policies and restrictions. Successes through social …

Social media is becoming a mature industry and the marketing opportunities are expanding daily. As the social media providers mature, so do their policies and restrictions. Successes through social media are there waiting for you, provided one knows and observes the rules of the road.

Experience level: Intermediate, Advanced
Target audience: Affiliates/Publishers, Merchants/Advertisers, Networks
Niche/vertical: Social Media

- Gary Kibel, Partner, Davis & Gilbert LLP (Twitter @GaryKibel_law) (Moderator)
- Sal Conca, Director of Affiliate Marketing, NETexponent (Twitter @netexponent)
- Wade Sisson, Director of Marketing, Schaaf-PartnerCentric (Twitter @schaafpc)

Published in Business , News & Politics
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  • 1. Presentation to Affiliate Summit West 2011 SOCIAL MEDIA – A MARKETING BONANZA January 10, 2011 Gary A. Kibel Partner Davis & Gilbert LLP 212.468.4866 [email_address] @GaryKibel_law © 2011 Davis & Gilbert LLP Sal Conca Director of Affiliate Marketing NETexponent 212.981.2700 x216 [email_address] @ netexponent Wade Sisson Director of Marketing Schaaf-PartnerCentric 816.835.5316 [email_address] @ schaafpc
  • 2.  
  • 3.
    • Facebook
      • Statement of Rights and Responsibilities
      • Promotions Guidelines
      • Platform Policies
      • Advertising Guidelines
      • Brand Resource and Permissions Center
    TERMS, CONDITIONS, POLICIES, GUIDELINES, yada yada…
  • 4.
    • Twitter
      • Terms of Service
      • API Terms of Service
      • Guidelines for Use of Tweets in Broadcast or Other Offline Media
    TERMS, CONDITIONS, POLICIES, GUIDELINES, yada yada…
  • 5. SERVICE PROVIDER IMMUNITY #1 – DIGITAL MILLENNIUM COPYRIGHT ACT
    • Online publisher immunity
    • Copyright only
      • not for trademark, defamation, obscenity
    • Procedures
    • Not available if the publisher
      • receives a direct financial benefit attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity or
      • has actual knowledge of the infringement
  • 6.  
  • 7. SERVICE PROVIDER IMMUNITY #2 – COMMUNICATIONS DECENCY ACT
    • No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider
    • Analogy: the telephone company is not liable for transmitting defamatory messages if someone makes defamatory statements during a phone call
    • Social media services, such as Twitter, are the 21 st century telephone companies
  • 8.  
  • 9. COMMUNICATIONS DECENCY ACT
    • Todd Hollis v. www.dontdatehimgirl.com (June 2006)
      • Claim : Attorney in Pennsylvania sued web site after numerous women posted unflattering and allegedly false comments about him, such as “he has herpes,” “heard he was gay,” “he gave me an STD” and “his crib is a dump”
      • Result : ACLU and Electronic Frontier Foundation defended web site on the grounds they are not liable under the CDA. Case ultimately dismissed on jurisdictional grounds
  • 10.
    • When there exists a connection between the endorser and the seller of the advertised product which might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed
    • Marketers can be liable for a blogger’s misleading or unsubstantiated claims
    • FTC encourages companies to have social media participation policies. Existence of such policies considered by FTC in any enforcement action
    • Use #paid, #ad or something similar
    FTC REVISIONS TO ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING (GUIDES) OCTOBER 2009
  • 11. FTC ENFORCEMENT ACTION
    • In the Matter of Reverb Communications, Inc., et al. (August 2010)
      • PR Firm working for video game companies
      • Posting positive reviews on iTunes
      • “ Companies, including public relations firms involved in online marketing need to abide by long-held principles of truth in advertising . Advertisers should not pass themselves off as ordinary consumers touting a product, and endorsers should make it clear when they have financial connections to sellers .”
  • 12. SOCIAL MEDIA GOES MAINSTREAM
    • Old Spice Campaign
  • 13. QUESTIONS? Gary A. Kibel Partner Davis & Gilbert LLP 212.468.4866 [email_address] @GaryKibel_law Sal Conca Director of Affiliate Marketing NETexponent 212.981.2700 x216 [email_address] @ netexponent Wade Sisson Director of Marketing Schaaf-PartnerCentric 816.835.5316 [email_address] @ schaafpc