Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 17 When using online affiliates to market your products or services, consider using some of these risk management best practices: • Know your affiliates and the affiliate networks to which they belong. • Set the terms upon which affiliates are permitted to earn commission for advertising your products and services. • Require legal compliance with consumer protection laws. • Establish your own written list of “advertiser-specific” marketing compliance requirements. • Contractually require affiliate networks to impose your terms on affiliates and sub-affiliates working under them. • Monitor the marketing activities of affiliates working for you, and be ready to suspend and terminate for noncompliance. • Notify legal counsel immediately upon receiving a subpoena, investigative demand, legal complaint, or other notice of court action.