One Simple Disclaimer to Mitigate Lawsuits? – Check Out #6!

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This presentation is from Affiliate Summit West 2017 (January 15-17, 2017 in Las Vegas, Nevada). Session description: Are there magic words that can help mitigate your exposure to a lawsuit? Learn the top 5 most common marketing disclaimers and how you can use them correctly. And wait until you hear what’s #6!

Business

www.ifrahlaw.com www.ifrahlaw.com
ONE SIMPLE DISCLAIMER TO MITIGATE LAWSUITS?
CHECK OUT #6!
Affiliate Summit West 2017
Rachel Hirsch, Esquire
P (202) 524-4145 /

www.ifrahlaw.com
DISCLAIMER #1 –
TYPICAL CONSUMER EXPERIENCE
P (202) 524-4145 /
Endorser’s Experience Must Reflect What Others Can Also Expect
DISCLAIMER: “Most Women Who Use [PRODUCT] Can Expect To Lose X Pounds in X
Months.”
NO!
“Results Not Typical”
NO!
“Individual Results
May Vary”

www.ifrahlaw.com
DISCLAIMER #2 –
EXPERT ENDORSEMENTS
P (202) 524-4145 /
Compensated? Credentials?
Adequate Scientific
Support?
DISCLAIMER: “This is a board-certified doctor, qualified to opine on issues
relating to X.”
Area of Expertise?

www.ifrahlaw.com
DISCLAIMER #3 –
AFFILIATE DISCLOSURES
P (202) 524-4145 /
DISCLAIMER: “I Get Commissions For Purchases Made Through This Link.”
Paid Advertisements Simple Disclosure
Clear and Conspicuous Buttons/Links Not
Adequate

www.ifrahlaw.com
DISCLAIMER #4 –
PAID ENDORSEMENTS
P (202) 524-4145 /
Is The Product Free?
Is The Endorsement
Obvious? – i.e. “The
Kardashian Effect”
Does the Endorser Actually
Use the Product?
Is There a Financial Connection With the
Advertiser?
DISCLAIMER: “#AD”; “#PAID AD;” “I AM BEING PAID FOR THIS REVIEW”

www.ifrahlaw.com
DISCLAIMER #5 –
SOCIAL MEDIA ENDORSEMENT
P (202) 524-4145 /
#Contest; #Sweepstakes
Reasonable Expectation of Compensation
Incentivizing “Likes”
DISCLAIMER: “I Am Being Paid For My Endorsement.”

www.ifrahlaw.com
DISCLAIMER #6 –
P (202) 524-4145 /
DISCLAIMER: THIS PRESENTATION IS NOT INTENDED TO BE LEGAL
ADVICE, NOR SHOULD IT BE TREATED AS SUCH.

www.ifrahlaw.com
BUT REMEMBER…
P (202) 524-4145 /
General Disclosure Links Are
Not Enough.
Placement of Disclosure Is
Important.
Disclosures Must Be
Noticeable.
Disclosures Must Be
Understandable.
Notations Are Not
Enough.
Disclosures Must Clearly
Convey Relationships.
The Medium Does Not
Change Requirement To
Disclose.
Character Limits Do Not
Change Obligation To
Disclose.

www.ifrahlaw.comwww.ifrahlaw.com
1717 Pennsylvania Avenue
Washington, D.C. 20006
www.ifrahlaw.com
(202) 524-4145
P (202) 524-4145 /
Email: rhirsch@ifrahlaw.com
Twitter: TheRealMsHirsch
Blog: www.ftcbeat.com
Questions?

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Adapted from "Growth Hacker Marketing: A Primer on the Future of PR, Marketing, and Advertising" by Ryan Holiday. http://www.amazon.com/Growth-Hacker-Marketing-Primer-Advertising/dp/1591847389/ryanholnet-20 "Everything you thought you knew about marketing is obsolete. We can see the incontrovertible evidence right in front of us. A new generation of multibillion dollar brands—Facebook, Twitter, AirBnb, Evernote, and countless others—have been built without spending a dime on traditional marketing techniques. No press releases, no PR firm, no Madison Avenue, no billboards in Times Square. It wasn’t luck that took them from tiny start-ups to massive success. They have a new strategy. It’s called Growth Hacking. And it works. A Growth Hacker is someone who rejects what “marketing” is supposed to be and replaces it only with tools that are testable, trackable, and scalable. Growth Hackers rely on inexpensive tactics like e-mail, pay-per-click ads, blogs, and platform APIs. They chase real results in a field that was dominated by gut instincts for nearly a century. They reject the traditional marketing worship of all things big: big budgets, big campaigns, big opening weekends. Instead, they embrace the opposite: taking a start-up from nothing to something, launching a Kickstarter project, building something that truly spreads. Growth Hacker Marketing offers both a new mindset and a new set of rules. Bestselling author Ryan Holiday, the former director of marketing for American Apparel, will convince you of the urgency of this awakening. He shows why the game has changed forever and what to do about it—whether you are an aspiring marketer, an entrepreneur, or a Fortune 500 senior executive."

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Over the past ten years, software gurus have been preaching the notion that you need to find product/market fit. Balfour presents an extremely cogent argument that because of the speed of technology now, this advice is no longer valid. In reality, you need to find market, product, channel, model fit (in that order). Balfour lays out his argument in this presentation at Price Intelligently's SaaSFest 2016 by cataloging his experience over his career and view of the market.

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One Simple Disclaimer to Mitigate Lawsuits? – Check Out #6!

1. www.ifrahlaw.com www.ifrahlaw.com ONE SIMPLE DISCLAIMER TO MITIGATE LAWSUITS? CHECK OUT #6! Affiliate Summit West 2017 Rachel Hirsch, Esquire P (202) 524-4145 /

2. www.ifrahlaw.com DISCLAIMER #1 – TYPICAL CONSUMER EXPERIENCE P (202) 524-4145 / Endorser’s Experience Must Reflect What Others Can Also Expect DISCLAIMER: “Most Women Who Use [PRODUCT] Can Expect To Lose X Pounds in X Months.” NO! “Results Not Typical” NO! “Individual Results May Vary”

3. www.ifrahlaw.com DISCLAIMER #2 – EXPERT ENDORSEMENTS P (202) 524-4145 / Compensated? Credentials? Adequate Scientific Support? DISCLAIMER: “This is a board-certified doctor, qualified to opine on issues relating to X.” Area of Expertise?

4. www.ifrahlaw.com DISCLAIMER #3 – AFFILIATE DISCLOSURES P (202) 524-4145 / DISCLAIMER: “I Get Commissions For Purchases Made Through This Link.” Paid Advertisements Simple Disclosure Clear and Conspicuous Buttons/Links Not Adequate

5. www.ifrahlaw.com DISCLAIMER #4 – PAID ENDORSEMENTS P (202) 524-4145 / Is The Product Free? Is The Endorsement Obvious? – i.e. “The Kardashian Effect” Does the Endorser Actually Use the Product? Is There a Financial Connection With the Advertiser? DISCLAIMER: “#AD”; “#PAID AD;” “I AM BEING PAID FOR THIS REVIEW”

6. www.ifrahlaw.com DISCLAIMER #5 – SOCIAL MEDIA ENDORSEMENT P (202) 524-4145 / #Contest; #Sweepstakes Reasonable Expectation of Compensation Incentivizing “Likes” DISCLAIMER: “I Am Being Paid For My Endorsement.”

7. www.ifrahlaw.com DISCLAIMER #6 – P (202) 524-4145 / DISCLAIMER: THIS PRESENTATION IS NOT INTENDED TO BE LEGAL ADVICE, NOR SHOULD IT BE TREATED AS SUCH.

8. www.ifrahlaw.com BUT REMEMBER… P (202) 524-4145 / General Disclosure Links Are Not Enough. Placement of Disclosure Is Important. Disclosures Must Be Noticeable. Disclosures Must Be Understandable. Notations Are Not Enough. Disclosures Must Clearly Convey Relationships. The Medium Does Not Change Requirement To Disclose. Character Limits Do Not Change Obligation To Disclose.

9. www.ifrahlaw.comwww.ifrahlaw.com 1717 Pennsylvania Avenue Washington, D.C. 20006 www.ifrahlaw.com (202) 524-4145 P (202) 524-4145 / Email: rhirsch@ifrahlaw.com Twitter: TheRealMsHirsch Blog: www.ftcbeat.com Questions?

One Simple Disclaimer to Mitigate Lawsuits? – Check Out #6!

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