Affiliate Marketing Law: Advertiser and Affiliate Agreements
Well-drafted agreements are critical for those engaging in affiliate marketing to ensure they get paid and to protect them against the bad acts of rogue advertisers and publishers. Kronenberger Rosenfeld has represented companies in all aspects of the performance marketing industry for years, including ad networks, advertisers, and affiliate publishers and influencers. The firm’s deep experience and technical savvy in the realm of affiliate marketing law are hugely beneficial to the firm’s affiliate advertising clients.
We can draft your Affiliate, Advertiser, or Network Agreements.
For over a decade we have represented companies involved in the affiliate marketing industry, including ad networks, advertisers, affiliates, and sub-affiliate publishers. We have also dealt with many types of disputes, including both private and FTC lawsuits, involving companies in the affiliate marketing industry.
Due to this experience, our firm is uniquely qualified to draft the agreements that govern the relationships between the different players in this industry, and our goal is to create agreements that protect our clients and either eliminate or greatly reduce the possibility of future litigation. When we draft agreements, we draw upon our years of experience in affiliate marketing law, addressing issues such as:
- Minimizing the risk of an action by a government regulator (i.e. FTC or state Attorney General);
- Affiliate fraud;
- Collection problems;
- Minimizing the risk of spam lawsuits and parsing out liability if a spam lawsuit is filed;
- Indemnification, including situations when multiple parties (for example, both the advertiser and publisher) may be at fault;
- Limiting the risk of advertisers or affiliates circumventing a network and contracting directly.
If you are an ad network, we've created a helpful guide called, Ad Networks: Ten Tips for Drafting Your Policies and Procedures.
If you need our help in creating affiliate or advertiser agreements or navigating the world of affiliate marketing law, please call us at 415-955-1155, ext. 120. You may also submit your matter to us in our online case submission form.
FCC Adopts Major Rule Change re: TCPA Consent Requirements
By Liana Chen | December 13, 2023
On December 13, 2023, the Federal Communications Commission (the “FCC”) adopted proposed changes to the rules governing the prior express written consent requirements of the Telephone Consumer Protection Act