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Are affiliate
programs on the Internet a form of pyramid selling schemes? It's a common
question, and the fact is that many of them actually cross the
line into illegal territory. This includes many de facto affiliate programs
operated using the $7 Secrets automation script.
Even more
surprising is the reality that many popular affiliate programs
are in breach of anti-pyramid selling or referral selling laws for one
simple reason: they operate so-called "closed" affiliate programs...
They
require affiliates to make a personal purchase (not for resale)
before they can be eligible to earn commissions on referred sales.
This is more
likely to be in conflict with referral selling laws than anti-pyramid
selling laws, but most countries and states bundle these categories into
the same laws... usually under the heading of deceptive trade practices.
This is illegal in many countries, including Australia, the
USA, Canada and the United Kingdom.
Here are
just two examples of referral selling laws
The Texas
Trade Practices Act (1973) says...
BUSINESS
& COMMERCE CODE
CHAPTER 17. DECEPTIVE TRADE PRACTICES
SUBCHAPTER A. GENERAL PROVISIONS
§ 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL.
(19) using or employing a chain referral sales plan in connection with
the sale or offer to sell of goods, merchandise, or anything of value,
which uses the sales technique, plan, arrangement, or agreement in which
the buyer or prospective buyer is offered the opportunity to purchase
merchandise or goods and in connection with the purchase receives the
seller's promise or representation that the buyer shall have the right
to receive compensation or consideration in any form for furnishing
to the seller the names of other prospective buyers if receipt of the
compensation or consideration is contingent upon the occurrence of an
event subsequent to the time the buyer purchases the merchandise or
goods;
Here's what
Australia's Trade Practices Act (1974) has to say...
TRADE
PRACTICES ACT 1974 SECTION 57
Referral selling
A corporation shall not, in trade or commerce, induce a consumer to
acquire goods or services by representing that the consumer will, after
the contract for the acquisition of the goods or services is made, receive
a rebate, commission or other benefit in return for giving the corporation
the names of prospective customers or otherwise assisting the corporation
to supply goods or services to other consumers, if receipt of the rebate,
commission or other benefit is contingent on an event occurring after
that contract is made.
It will pay
you to check your local, state and national laws to be sure that your
affiliate program is not in breach.
As always, ignorance of the law is not a valid defence. You're expected to do your due diligence. Seek competent legal advice from an appropriately qualified and experienced legal advisor — preferably one with experience in direct selling.
The
Profit Clinic does NOT endorse business opportunities appearing in advertisements
on this site. Be sure to do your due diligence. Independent
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