FTC Compliance Webinar

DISCLAIMER: This content does NOT replace nor should it be construed as legal advice. This content is our current interpretation of changes made to the FTC Guidelines. As such, our interpretations may change at any time – or be incorrect. We strongly recommend that you get your own legal advice on all matters pertaining to the FTC changes.

Three Major Changes

• Testimonials - Must reflect the 'generally expected performance'

• Removal of "Safe Harbor" language - Previously this protected abnormal results by disclaiming them as "Results Not Typical“ (or Hypothetical Results)

• Requirement to acknowledge 'Material Gain' for the promotion, review or endorsement of a product(s) – including free products received for review purposes

Addressing Changes• Testimonials

– Remove all ‘performance-based’ testimonials.– Use only ‘experience’ or ‘standards of quality’ statements.

• Results– Must be based upon the “generally expected performance

in the depicted circumstances” – NOT the average result of consumers.

– Best bet – don’t use results.• Disclosure of material gain

– Any circumstance where the promotion of a product or service BEGINS OR ENDS with material gain must be disclosed

Who this affects…“The Commission is revising the fifth and sixth sentences in proposed new Example 5 to clarify that the advertiser and the blogger both are subject to liability for misleading or unsubstantiated representations made in the course of the blogger’s endorsement.”

“…postings by a blogger who is paid to speak about an advertiser’s product will be covered by the Guides, regardless of whether the blogger is paid directly by the marketer itself or by a third party on behalf of the marketer.”

Publishers of productsService providersAdvertising services (CPA Networks, Banner networks, etc.)Internet Marketers/Affiliate MarketersProduct Warehouses (Clickbank, CJ, Share-a-Sale)**Any business with location in the United States

What it affects

• Blog/Web postings• Articles• Email marketing• Social Network/Social Media• Banner/Text Ads• Sales and Squeeze pages

Breaking down a Testimonial"Bill,

What an easy to follow course (Forex Nitty Gritty). Ordered itlate in the evening, watched and studied until almost 1:00 am,opened a practice account that same morning, placed a trade bymistake and lost about 7 pips while learning the lay of theland. When I got up that same morning my trades ended with 85pips profit in only a few hours. WOW! Today I had 63 pipsprofit, the day before that 49 pips profit and monday 24 pipsprofit. Over $2,000.00 in 4 days... I highly suggest anyonewanting to learn about the Forex market start with the ForexNitty Gritty course, easy to understand and easy to follow.

My many thanks to you,

Daryl K., Cortez, Florida."

Key Questions NOT answered1. How/where is the blogger or website owner to disclose instances where a material relationship exists with an advertiser?

2. Does email communication fall under the FTC Guidelines as it relates to the 'material' relationship issue? (our take: yes)

3. Retroactive Content – is any content produced/published PRIOR to the Guidelines effective date held to the new standards? (our take: yes)

4. How banner and/or text ads impacted, if at all, by the 'material' relationship issue?

5. Are articles posted to various sites NOT OWNED by a blogger/website owner (ie ezinearticles.com) affected by the Guidelines? (our take: yes)

6. What are the fines for non-compliance? (unknown)

Some questions answered…kind of• Richard Cleland: "That $11,000 fine is not true. Worst-

case scenario, someone receives a warning, refuses to comply, followed by a serious product defect; we would institute a proceeding with a cease-and-desist order and mandate compliance with the law.

• In terms of clear and conspicuous, the criteria there is that the consumers will notice the disclosure. Disclosures can be made in different ways, whether you make it outside of the text but in proximity to blog, or incorporate it into the blog discussion itself--those are the issues that bloggers will have discretion about."

Source: http://www.fastcompany.com/blog/jennifer-vilaga/slipstream/ftc-bloggers-its-not-medium-its-message-0

What you should do…

• Do NOT give up• Change your mindset – become a ‘standards-

based’ marketer• Comply with the rules.• Recognize that this is also an opportunity –

many will quit internet marketing in the Finance niche

• Focus on Credibility and Confidence

Possible ‘disclosures’ you can use – GET LEGAL ADVICE BEFORE USINGDisclosure of free products:

In an effort to better serve my readers, I frequently request and receive complimentary review copies of the courses, products, or services that you find here on my blog. That they are complimentary does not affect my review of the product – I have and will always provide you with a direct assessment of a course, product or service that I review.

Disclosure of Material Gain:

From time to time, I promote or endorse certain products that I believe are worthy of your time and attention. In return for that endorsement and only in the cases where you purchase directly through me may I be compensated by the producers of those products.

The ONE question not talked about

• Protected domains – how does the FTC address people with anonymous/protected urls?

The Forex Income Engine 2.0 December launch *SHOCKING* Contest news…

In the past, we’ve done prize pools as high as $25,000…

Not this launch.

We’re ending 2009 with a COSMIC BANG!

Biggest Contest Prize Pool EVER!

5 Contests with a maximum prize pool of

$100,000Details to come on our affiliate blog

INO Insiders – 3 Updates before the Q&A1. New educational video is being loaded up as we record this webinar.

2. Our new Email Trading Course by Adam has been converting around the 35% mark with little if any copy.

3. The INO December contest is coming into place as we speak...

Contact Brad Stafford at: brad@ino.com