Writing up disclaimers: do I need to retain legal counsel for this?

[yuri21]

See, I'm intending to promote as an affiliate, certain items that will require a prescription. According to someone on my 30dc(some Internet marketing course) team, I might need to consult legal counsel to draft disclaimers. This is because should any medical issues occur because of the items I'm promoting, then I and the manufacturer might both be responsible. This is because in the consumer's eyes, I'm seen as a seller and even though I'm promoting as an affiliate, they may not read the disclaimers and may not understand it.

What do you all think? :confused:

Edit: And Lynn, I'm really grateful towards you for taking your precious time to answer my DMs. I apologise if I took up any of your time. :p

[AlexNewell]

A prescription? As in pharmacy drugs?

Yikes!!!

As far as I know you have to be a pharmacist to sell this stuff! Or a medical Doctor...

Until you get a very savvy internet lawyer to look over your business model and content my advice is to totally forget it!

There are millions of niches - why choose trouble?

There are tons of rich affiliate making tons of money selling furniture, cruises, golf...

I could go on...

:-)

[yuri21]

Nope it's not "drugs", don't worry. :P I've little interest in drugs. It's just that the type of item I'm interested in selling, is now regulated as a prescriptive item, instead of as a cosmetic item, as determined by some Act which was passed a few years ago.

If I give up on this, I don't think I can do IMing anymore. Too many personal problems to list. :(

[AlexNewell]

Interesting Yuri - have you spoken to the affiliate manager for the product? That could be very helpful.

[yuri21]

Oh dear, ignore that "feeling a little down" comment... oops. :P It's true I've a mountain of issues but I will fight on, I will survive and I will never let "certain people" weigh me down.

And yes, that is good advice. I should also take a look at any blogs promoting similar products. ;)


Thank you! :)

[AlexNewell]

"It's true I've a mountain of issues but I will fight on"

You are in exactly the right place then. Lynn called this "Self Starters Weekly Tips" because it is for Self Starters - for fighters.

There's tons of people here dealing with a long list of issues so feel free to ask when your are stuck or feel depressed.

If you'd like a bit more contact with and help from Lynn have a think about joining her "coaching Forum" - the Elite Group

But regardless of that aim carefully and keep going!!

:-)

Alex

[yuri21]

@livingideas: Okay, it's time for me to come clear... oops. Mine are products related to the eyes 'cos this thread is going everywhere. I guess a sound disclaimer should cover it. :)

@alexnewell: Thanks for the well wishes. Sure, I will consider joining Lynn's "elite section" when I'm making enough to cover the costs and more. I've a mountain of problems: abuse victim, emotional, medical, financial, etc. :p I've more or less managed to deal with much of the first with the help of some kind friends at a forum, before I discovered IMing. But to truly become free, I need to make enough first to actually get away from my family(it's a very messy situation and not one where I actually like to go into the detail) because I'm financially trapped and so on.

Don't be shocked but until this year, I wasn't even allowed by my family to leave the country. I'm close to 30, btw. And oh, if the police and the laws actually really worked, I wouldn't be sitting here. :) I nearly lost my life, once. I'm aiming to prevent a repeat of that, yeah.

Just to make this clear: please, no pity. :)

[Lynn Terry]

I think talking to your affiliate manager is the best first step. They should be able to point you in the right direction if any specific action needs to be taken.

That said, as an affiliate your job is to pre-sell and recommend - to point consumers to the merchants that are available. It's the merchant's job to actually sell. So you'll need a basic affiliate disclaimer, and then check with your merchant to see what else might be necessary.

And keep on keeping on ;)

[yuri21]

Lynn: Thank you so much. :) Yeah, I'll ask them when I sign up... haha. I'm still in the stages of setting up my site and so on. I just wanted to make sure I didn't screw up or anything. ;)