Regarding affiliate links and liability - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**burgerman** · 05-01-2009, 01:06 AM

Hypothetical situation:

You own and operate a web site that contains affiliate links. If a visitor buys a product from your site through one of these links and is injured from the product, are you partly to blame? Could you be successfully sued if the visitor takes legal action?

To those readers that have affiliate links on their site, are you worried about this possible scenario?

**copper** · 05-01-2009, 05:10 PM

put up TOS with mentioning of "we are not liable...".

**burgerman** · 05-02-2009, 09:45 PM

Thanks for the reply

Is a TOS good enough in all cases? Let's say you have affiliate links to a phone battery supplier. If site visitor buys a phone battery through one of these links and the battery explodes (which they're known to do) and scars the person's face, I could see them still including you in a lawsuit.

Does anyone else agree?

**silverclick** · 05-02-2009, 11:14 PM

Quote:

Originally Posted by burgerman

Thanks for the reply

Is a TOS good enough in all cases? Let's say you have affiliate links to a phone battery supplier. If site visitor buys a phone battery through one of these links and the battery explodes (which they're known to do) and scars the person's face, I could see them still including you in a lawsuit.

Does anyone else agree?

I think it is possible for someone to get mad at a company and sue it and all its affiliates

Best way is to setup a corporate entity for liability protection at the very least.

I would be interested to know what other people think as well ...

**HuntingMoon** · 05-03-2009, 05:11 PM

most affiliate agreements indemnify the resellers/publishers from product/service liability. check them out if you are concerned. a suit would probably be for contributory actions or misrepresentation or something else- point being that it can and does happen.

**marcorandazza** · 05-06-2009, 12:52 PM

*Runs out of the room*

05-01-2009, 01:06 AM	#1 (permalink)
burgerman Platinum Lifetime Member Last Online: 11-20-2009 05:13 PM iTrader: (0) Join Date: May 2008 Posts: 93 DNF$: 105 Location: Canada	Regarding affiliate links and liability Hypothetical situation: You own and operate a web site that contains affiliate links. If a visitor buys a product from your site through one of these links and is injured from the product, are you partly to blame? Could you be successfully sued if the visitor takes legal action? To those readers that have affiliate links on their site, are you worried about this possible scenario?

05-01-2009, 05:10 PM	#2 (permalink)
copper CrossLogix.com Last Online: Today 09:24 PM iTrader: (65) Join Date: Mar 2006 Posts: 2,246 DNF$: 2,183 Location: Matthews, NC. U	put up TOS with mentioning of "we are not liable...". __________________ Domain Names For Sale

05-03-2009, 05:11 PM	#5 (permalink)
HuntingMoon Name: Evan Last Online: 11-13-2009 09:02 PM iTrader: (27) Join Date: Mar 2008 Posts: 1,220 DNF$: 3,286 Location: Bay Area Country:	most affiliate agreements indemnify the resellers/publishers from product/service liability. check them out if you are concerned. a suit would probably be for contributory actions or misrepresentation or something else- point being that it can and does happen. __________________ HuntingMoon PDDW.COM_Essociate Join Our Mailer!__ Find Drops

05-06-2009, 12:52 PM	#6 (permalink)
marcorandazza Platinum Lifetime Member Name: Marc J. Randazza Last Online: 11-16-2009 08:31 PM iTrader: (0) Join Date: Aug 2008 Posts: 262 DNF$: 10 Location: San Diego	Runs out of the room __________________ Marc J. Randazza The Legal Satyricon No post should be considered to be legal advice.

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05-02-2009, 09:45 PM	#3 (permalink)
burgerman Platinum Lifetime Member Last Online: 11-20-2009 05:13 PM iTrader: (0) Join Date: May 2008 Posts: 93 DNF$: 105 Location: Canada	Thanks for the reply Is a TOS good enough in all cases? Let's say you have affiliate links to a phone battery supplier. If site visitor buys a phone battery through one of these links and the battery explodes (which they're known to do) and scars the person's face, I could see them still including you in a lawsuit. Does anyone else agree?

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