FTC Toolkit – Can It Help Protect Your Online Business?


BWMagic’s Internet Marketing News!

Will New Federal Trade Commission Guidelines Affect Your Online Business?


I first heard of the FTC (Federal Trade Commission) new
updated guidelines regarding endorsements and testimonials
while logging into my Commission Junction account recently.

In a Bold Headline:

Commission Junction FTC


“New FTC Guideline Update May Affect Your Affiliate Program”

“The FTC has updated its guidelines regarding endorsements
and testimonials. While CJ cannot give legal advice regarding
these guidelines, how these guidelines may affect your business,
or how you should proceed; we’d like you to be aware of this
update that goes into effect on 12/1/09.”

Now if I had seen that news anywhere else, I might not have
taken it so seriously. But CJ is one of my most important affiliate
networks that regularly send me hefty commission checks each month.

Anything affecting that income stream has my immediate attention.

What really has me concerned is the fact that I am a full time
affiliate marketer. Endorsements and testimonials – especially
those coming from third party affiliate programs which I promote
has me wondering how all these new guidelines and laws will
apply to my affiliate marketing and to my sites.

How all this plays out in the coming months is anyone’s guess
but anyone marketing on the web should be paying attention
to these new guidelines.

I am not a lawyer so these rules can be rather confusing and
difficult for me to understand. Also, please note, I am
NOT telling you how to proceed in this matter – always seek
out expert legal counsel and advice on this matter from a
knowledgeable lawyer.

You can expect to see a lot more disclaimers on web sites, in blogs
and in newsletters… until it becomes evident how “vigorously”
the FTC will implement and enforce these new guidelines.

Maybe this is much ado about nothing; panic without a cause…
but what is rather really worrisome is that there are no
“safe harbors” anymore… you can’t just slap a Disclaimer
or Disclosure such as “Results not typical” or, “These testimonials
are based on the experiences of a few people and you are not likely
to have similar results” and it further states “is insufficient to prevent
this ad from being deceptive because consumers will still interpret
the ad as conveying that the specified savings are representative
of what consumers can generally expect.

All your marketing and especially your Endorsements and Testimonials
must be disclosed and transparent. Anyone viewing/reading your
site or ad must know you have a material interest with the product
or service you’re endorsing. For online affiliate marketers this
may mean all affiliate links must now be disclosed or marked as such,
so that there is no deception – the consumer knows exactly where
this endorsement is coming from and/or the full material relationship
between the endorser and the advertiser/owner of the product or service.

Again not a lawyer, so this is just a layman’s reading of these
new FTC guidelines. Like most marketers, I needed help in getting
my head around all this legal jargon and regulations.

Joel Comm has partnered up with several Lawyers – among them
are KEVIN E. HOUCHIN (a Creative Business Lawyer who also has
20 years of conventional and online marketing experience) and
JOEL B. ROTHMAN who is a partner at Arnstein & Lehr LLP and
board-certified in Intellectual Property Law by The Florida Bar.
Plus, JULIE YATES who has practiced law for 12 years in the areas of
litigation, commercial transactions and contract law.

They have produced a product called:

FTC Toolkit – Protect Your Business With ProActive FTC Compliance

I bought this product a few days ago and I am using it to modify
all my sites. I am an affiliate of this program since anyone who
buys it can also purchase a Trust Seal that they can place on
their sites. See the example below.

Now, to say this Toolkit and the Information provided within,
was an exciting read would be totally misleading – but it is
a necessary read. Naturally, a lot of the material is presented
in a “legalese” style but I did appreciate having all this
comprehensive material at my disposal. I especially liked
the “takeaway comments” after each new rule, explaining
in simple terms what this may mean to anyone marketing on
the web.

Also extremely helpful are all the forms and examples
of such things as Privacy Policy, Disclaimers, Affiliate
Agreements… actual material you can use in your business
or on your site.

I found it a bit ironic that the first thing you saw in
this Toolkit was a Disclaimer!

“This product provides information and general advice about the
law. But laws and procedures change frequently, and they can be
interpreted differently by different people. For specific advice
geared to your specific situation, consult an attorney. No book,
software, or other published material is a substitute for
personalized advice from a knowledgeable lawyer licensed to
practice law in your state.”

Which I guess is only human nature, it’s all about protecting
your own “derriere”. In this case, it’s about protecting
your online business or web sites from any actions against
you from the FTC – even if you’re making honest marketing
mistakes that you didn’t know you were making!

This Toolkit also has a Compliance Seal or a Trust Seal that
you can place on your sites. This is a service that you will
have to pay extra for with a recurring fee each month. You will
also be updated on any developments regarding these new
FTC guidelines.

Actually, the Compliance Seal was one of the main reasons
I bought this product and I now have the seal on several
of my sites. Keep in mind, there are no safe harbors or
quick fixes for these new guidelines and just having the
FTC Compliance Seal doesn’t guarantee you won’t be investigated
or that you’re even in compliance – just that you’re pro-active
and doing everything in your power to uphold these new rules.

Here’s a further explanation of this Site Compliant™ trust seal:


“The Site Compliant™ trust seal is the badge of marketers who
affirmatively endorse and embrace a rigorous set of standard of integrity in
marketing. These standards include a proactive intention to be fully
compliant with the Federal Trade Commission (FTC) standards, especially
those relating to the use of endorsements and testimonials in advertising.
The seal is not a guarantee of compliance, but rather a promise to
customers and a statement to investigators of a positive intent to be and
remain compliant with FTC guidelines. Implementing the Site Compliant
standards and using the seal will not shield you from liability or the
accusation from the FTC of deceptive advertising, but it is our sincere hope
that ongoing implementation of the suggestions and policies provided as part
of the Site Compliant™ program, as well as the display of the Site Compliant™
shield graphic will go a long way toward avoiding complaints, investigation,
and fines from the FTC due to confusion or inadvertent failure by a member
to achieve the required, and evolving, standards of practice required by the
FTC.”

Again, if you’re marketing on the net or you just have a website where you
place a few banners or a few affiliate links – you may be affected by
these new FTA guidelines. If you’re heavily into affiliate marketing
like me, then you will definitely want to do everything you can to protect
your sources of income. It is better to be safe than sorry.

Here’s that link again for the FTC Toolkit and yes I am an affiliate
and user of this Toolkit and Trust Seal:

FTC Toolkit

Titus Hoskins
www.bizwaremagic.com

Google Caffeine – Are You Ready For It?


……………………………..
Update to the Post Below:

The Google Caffeine Sandbox URL has now been taken down by Google.
While Caffeine has not been rolled out (as of yet) it will be live in at
least one data center before it’s fully implemented – according to Matt Cutts
in an interview given here:
http://www.webpronews.com/topnews/2009/11/10/

We have assurances that Caffeine won’t be fully introduced until after
the holidays – if we can take Google at its word.
…………………………..


We were first told about Google Caffeine last summer and
it caused a big stir. Well, at least among webmasters
and search engine marketers, the general public couldn’t
care less!

However, if you’re a webmaster or doing any type of
promotion/marketing on the web you better become
familiar with Google Caffeine. It’s in your best
interests to find out all you can about it because
it may affect your site’s rankings and traffic.


What is Google Caffeine?

It is the codename given Google’s next-generation
search infrastructure which is supposedly going to replace
Google’s current index system. In other words, this is
Google’s updating or modernizing of how it indexes pages
on the web. It is supposed to be much faster, more accurate
and more relevant than the current Google.


Why should you care about Google Caffeine?

If you’re a webmaster or marketer Google Caffeine will
affect your site’s rankings once it comes on stream.
That is, your current keyword rankings which you now have
in Google may not be the same in the new improved Google
Caffeine.


Is there a way to check my keyword rankings in the new
Google Caffeine?


Perhaps, all indications are that using the developer preview at

http://www2.sandbox.google.com

will give you some indication of what your Google Caffeine
rankings will look like. This URL is backed up by Matts Cutts
(main Google spokesperson) on his blog. And checking your site
and keywords rankings thru this sandbox is probably a good idea.

However, word of caution, Google NEVER lays all of its cards on
the table – nor should it, especially when you’re running a
multi-trillion dollar company whose life-blood is online search.
It must protect the integrity of its main asset which is
it’s index.

Actually, I am just hoping this Google Caffeine or parts of it
is not already live… because I did a lot of checking with the
URL above and my sites go up with the new index. Presently, I
am not seeing much movement in my rankings. A few have gone down
and a few have gone up – just the general normal swing that I see
from week to week in Google.

Will Google launch Caffeine during the vital Holiday Season???
In the past, a few major Updates have come just before Christmas.

When Google Caffeine actually hits is anyone’s guess, but
it’s probably coming soon, if not already implemented in some
stages. The more important question for you and your site – will
it be a mild seasonal storm or full-blown Category Five Hurricane?


Here’s how you can do a simple check:

1. Open up two browsers or windows on your computer:

http://www.google.com

and

http://www2.sandbox.google.com

2. Compare & Check how many links you get when you place
these into both Google search engines:

links:www.yoursitename.com
link:www.yoursitename.com

links:http://www.yoursitename.com
link:http://www.yoursitename.com

3. Now, do the same for your major keywords and compare
the results.


I hope both your site and keywords still hold-up in Google’s
new search engine.

………..


Titus
www.bizwaremagic.com


TweetGlide – How The Big Guys Market Online


TweetGlide – How The Big Guys Market Online

This week I thought I would do something that’s a little
different and give you a simple case-study of how
the big guys actually do their online marketing.
Hopefully, it will give you a better understanding of how
these marketers earn the big bucks. It just doesn’t all
happen by pure luck or even by access to friends with
very large lists.

These guys operate on a set marketing formula that’s
tested and proven to work. They just have to come up
with a special product or service to plug this formula
into it in order for it to work. The more unique the product,
the more successful their marketing campaign will be.

In particular, I would like to dissect the whole marketing
system connected with a new Twitter desktop application
introduced just a few days ago by Mike Filsaime, a well known
and very successful online marketer. He has many products,
including other viral programs similar to this one, Instantbuzz
and ListDotCom comes readily to mind.

Since I have spent the last 7 years studying marketing tools
and systems with my two main marketing websites, I have become
extra critical when a new marketing tool comes along. And I find
myself becoming even more cynical as I enter middle age – comes
with the territory I guess!

But I was really impressed with TweetGlide for several reasons.

First, it ties your online marketing into one of the hottest programs
on the web at the moment – Twitter. Second, I have always had
a fondness for desktop applications mainly because it puts your
program and promotions directly on the computers of its users
– sort of like in your face advertising.

For years, I have been promoting my own Desktop eCalendar
with my main site and I know these desktop applications
can bring in a lot of traffic. It is a way of directly
connecting with your site’s users. Tie it in with a popular
program like Twitter and you probably have a winning
combination on your hands.

Now, TweetGlide is a simple desktop application that
lets you get full enjoyment out of Twitter. It displays
your Twitter Tweets, Direct Messages, Favorites, Mentions…
it basically hooks you up to all your Twitter stuff on
your desktop. Basically it is very similar to TweetDeck
but with an advertising component thrown in.

It’s a handy little free program that you can download
and use. For those who would like to use it for marketing, they
can promote it to also earn a few dollars. Mainly through a
OTO (one time offer) of a premier membership upgrade
that people who download the application can purchase.
You don’t have to accept this offer – the program is
still free to download.

I personally don’t like OTOs (some people call them
One Time Rip-Offs) but they are an effective and accepted
way of marketing on the web and Mike Filsaime puts it to good
use here. I personally bought the upgrade myself because
I wanted to fully test out this system and like I said,
I have a fondness for desktop applications. I also see promising
marketing potential for this one but only time will
tell if it was worth the upgrade price.

Filsaime has also smartly tied this application in with
an upsell product which is his coaching program.
Often times this backend product is where the big bucks
are make – most savvy marketers offer a lucrative backend
upsell to all the primary products they sell or promote. The
really, really smart ones, make this upsell recurring or residual
in nature, so that they can receive revenues each month
or each year.

For those building lists, notice how this experienced
marketer is building his lists thru TweetGlide and
especially how it places confirmed buyers onto his VIP list…
great way to build customer loyalty and make repeat
sales. This is a key element to profiting from your
lists… you must divide up and target special subscribers
with offers matching their interests and buying habits.

Overall, TweetGlide is a handy little marketing machine
where users can advertise for free but you can also buy
sponsored advertising. It is a simple way to build a viral
element into your online marketing. This viral element
will fit in nicely with the whole viral nature of Twitter.

Plus, big-time marketers like Filsaime are savvy enough
to boost those viral elements with an attractive affiliate
program which may attract other big-name online promoters
and marketers. Roughly, 3000 downloads in under 24 hours,
were made with little promotion on Filsaime part. If this
thing goes totally viral, he will have an attractive and
lucrative program to add to his long list of successful products.

Ignoring all the marketing elements and sales pitches, you
still end up with a handy Twitter desktop application that
puts all your tweeting functions right on your desktop.
Don’t know if this will become as popular as TweekDeck
but it is definitely worth a look.

Moreover, I was really impressed with the quality and
design of TweetGlide. The video introducing it was very
professionally done. The TweetGlide interface is very
simple to use and can be easily customized to suit your
own preferences. In addition, the download and installation of
the desktop application went quickly and smoothly.

So check out the video which explains it all in
greater detail in the link below. Please be aware
this is an affiliate link:

….

New Guidelines For FTC Regarding Endorsements & Testimonials

Due to new FTC updated guidelines regarding endorsements
and testimonials which go into effect on 12/1/09, any
endorsement or testimonial must be transparent and the
reader or consumer must know you’re selling a product
if you’re endorsing it.

Or at least this is my reading of the new guidelines;
I am not a lawyer but I am an affiliate marketer so this
issue has me very concerned. Like all online marketers
I am trying to understand the new guidelines. You can
find some very helpful information at the FTC website.

I have disclaimers on all my sites but just saying
“Results not typical” or the stronger “These testimonials
are based on the experiences of a few people and you
are not likely to have similar results.” May not even
be good enough anymore; which is a little scary because as
an affiliate marketer you’re promoting third-party products
which may come with testimonials as part of the promotional
material you’re given.

I believe FTC and the new guidelines will help cut down
on outrageous claims and on those endorsements/testimonials
which try to deceive the consumer.

Again, I am not giving you legal advice regarding these
guidelines or how you should proceed. Just telling you
that you should be aware of these guidelines which are coming
into effect on the 1st of December.

Titus
www.bizwaremagic.com