BizSugar.com › Legal › David Adler: Legal Risks and Affiliate Program Management

As a lawyer, I consider affiliate marketing to be fairly “high risk,” if not done properly. This is due to several factors related to ease of setup, creation and use of marketing content, marketing tactics and lack of oversight.

First, it is relatively easy and inexpensive to get into affiliate marketing. Therefore, it can attract unsophisticated, misinformed and unscrupulous people looking to make a fast buck. The speed and ease with which websites and landing pages can be launched, taken down, and relaunched elsewhere leads to a never ending game of “whack-a-mole” for companies trying to protect their products and brand from illegitimate or unscrupulous marketers.

Second, the purpose of affiliate marketing is to drive traffic to a sales channel. This works best when marketers use compelling, eye catching content that attracts visitors. This means using trademarks, keywords and content that people are seeking.