legal, business-plan, copyright, affiliate-marketingI want to create a startup based on affiliate marketing but I have some questions regarding this. For example I want my app to compare phones (head2head), add reviews by users, I also need to copy data from the websites that I am affiliated to (I will use automated scripts to do this, I want to use their logo and texts on my websites in order to promote them (texts meaning terms and conditions, faq, company description, etc).
My question is: can I get into trouble for grabbing their texts and pictures and using them on my website (in order to promote them)? I wonder if they have any problem that I use automate scripts to fetch their content, I wonder if they are not happy that I don’t use their default affiliate banners and that I want to use their logo instead or other custom banners made by me, I wonder if they will get mad in case they will get negative reviews on my website, is there any way that they can shut me down or sue me, or take any legal actions against me ?
When you agree to the affiliate program terms, the company will let you know what you can and cannot do. Every affiliate program I’ve ever seen explains exactly how you may and may not promote the company. If you violate the terms, they will have the right to take action against you which could mean not paying you and blocking you from the affiliate program.
You need to study the terms of the affiliate program and if you have any questions, you need to deal with the affiliate program directly. You can always ask them to make an exception or a customized agreement for your service.
My question is: can I get into trouble for grabbing their texts and pictures and using them on my website (in order to promote them)? I wonder if they have any problem that I use automate scripts to fetch their content
You have a lot more to lose than the average scraper because you will rely on the company to pay you commissions. Why not just ask them? They may have a product feed or an API they will let you use to download their data. Many affiliate programs will offer you an API because it reduces load on their web servers. As an example, the Amazon affiliate program has an API.
I wonder if they are not happy that I don’t use their default affiliate banners and that I want to use their logo instead or other custom banners made by me
Again, you have to ask. They may be strict or they may just want to review the advertising materials. You may find the goal of the company is not to restrict you to a few banners, but to make sure they are agreeable with what the banners say.
I wonder if they will get mad in case they will get negative reviews on my website
I doubt it. A negative review on a website you own isn’t very effective. You can remove it in one click.
is there any way that they can shut me down or sue me, or take any legal actions against me ?
Sure, they can do any of these things. But since you rely on them for revenue, they could just shut you out of their program and not pay you which will destroy your entire business model. The best thing you can do is explain to them your business and try to reach an agreement that works both you and the company.
If you can’t reach an agreement with this affiliate program – find another one. It’s not like there is one company in the world selling cell phones. And if you can’t find an affiliate program to work with you, talk to companies that don’t have affiliate programs. Try to make a deal with one of them. Believe me, there will be companies that will be happy to speak with you about commission-only sales in almost every industry.
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