Ethics & Legalities Of Being An Affiliate Marketer

By Tim Gross - Internet Business Blog |

There have been multiple forum threads lately about people believing it’s OK to copy (steal) a vendor’s squeeze page without asking for permission and put it on their affiliate site to build their own list to promote the vendor’s product.

The belief seems to be that since they know a couple of vendors that wouldn’t care if they did that,  somehow they extrapolate that to believe that ALL vendors/merchants are OK with that.

It’s a fallacious argument. The truth is, it’s both unethical AND illegal to do that. Let’s look at why:

Simply put, the vendor’s promotional materials are copyrighted, and just because you’re an affiliate doesn’t give you permission to use anything they don’t give you permission to use. Case closed.

Here’s just some of the ways a vendor could be damaged by affiliates who do this:

Subscribers to the affiliate squeeze page (which looks just like the vendor’s own squeeze page because it was taken verbatim, including the logo, etc) could be mislead into subscribing to a list they don’t want to be on. That’s deceptive.

Continuing on, the affiliate could choose to promote the vendor’s offer through followup emails that are hypey or misrepresent the product offered. It’s nothing new for affiliates to over-hype an offer, but subscribers could mistakenly attribute the hype to be coming from the vendor, not the affiliate.

The affiliate could promote competing products to their list that was built through using the vendor’s squeeze page.  In other words, the affiliate is leveraging the vendor’s creatives to build a list they promote other products for other than the vendor.

The squeeze page that was copied could have a “test headline” that the vendor quickly decided wasn’t appropriate. For instance, maybe a weight loss vendor did a quick test of “Lose 10 Pounds In 7 Days Guaranteed” as the squeeze page headline, only to learn that it breaks the FTC advertising guidelines regarding specific results claims.

Even if the vendor quickly changes their headline to be in compliance, if rogue affiliates copied that potentially illegal headline and continued to use it while representing themselves to BE the vendor, the vendor could come under scrutiny of the FTC due to the affiliate’s use of their squeeze page headline.

Those examples just scratch the surface of all the reasons why it’s damaging to the vendor for affiliates to use/steal their content without permission.

Most vendors provide an affiliate tools section for affiliates, giving them banners, text links, headlines, and ad creatives for them to use. That’s what the tools section is for: To tell affiliates what they CAN use.

Affiliate marketing covers an enormous amount of ground. Someone who is primarily a Clickbank affiliate may get the impression that vendors in general don’t care too much about how a sale is made as long as they make money.

On the flipside, an affiliate network like Commission Junction has merchants that explicitly state all the many ways that affiliates are not allowed to promote them.

Some people try to weasel away from the issue by saying, “I always think it’s better to ask for forgiveness rather than ask permission”.  News Flash: When it comes to copyright theft, that’s a terrible idea.  You can get sued for doing it ONCE, and it doesn’t matter what your stated intentions are.

If you don’t believe, me, Google this phrase:  sued for using without permission

On a final note, I learned my lesson about not doing something that “everyone else is doing so it must be OK” in High School.  Parking was full at my local beach, but there were about 100 cars all parked on the road leading to the beach that had “no parking” signs on it.

I figured… Well, if there’s 100 other cars doing it, it must be OK.

When I walked back to my car a few hours later, every single car on the road had a parking ticket on it, including mine.  Lesson learned.

When it comes to online business regarding copyrights and trademarks, the rules ARE posted, and it’s your job to find them and understand them. Saying, “I didn’t know” after you use copyrighted material (whether it’s text, images, whatever) doesn’t get you un-sued.

Topics: Copywriting, Marketing, Oops (Bad Move) | 1 Comment » Trackback URL

My Recommended Video Production Tools

By Tim Gross - Internet Business Blog |

Tim's Video Tools

I’ve been doing a lot of video product stuff lately and have gotten multiple questions about what gear (camcorders, mics) I use and what software programs I use to edit, so I’m going to list what I use and recommend.

Camcorders

I’ve just upgraded to the Canon HF S100 for HD video:
Canon VIXIA HF S100 HD Flash Memory Camcorder with 10x Optical Zoom

Here’s what I like about it:

  1. Tapeless, so I don’t have to capture video from tape to computer, which always seems like a hassle.
  2. Also, with my last video camera the tape created a “buzz” sound that got picked up by the internal audio which was annoying.  Since this is tapeless, there’s no tape buzz noise.
  3. Very high-def HD at maximum settings. I’ve got a good video-editing computer to handle these large files.  For slower computers, it can take awhile to work with large video files.

Keep in mind expense-wise that if you get a flash memory-based camcorder like that you’re either going to need to get a 16 GB Flash Memory Card minimum (around $40) or a 32 GB Flash Memory Card (around $90) as well as the camcorder.

If you’d rather use a camcorder that uses tapes, I recommend:
Canon VIXIA HV40 HD HDV Camcorder with 10x Optical Zoom

I was using the older version (HV20) until it broke recently. If it hadn’t broken, I’d still be using it.  Benefits of the HV40:

  1. It records to tape, and tape is cheap to archive (ie, store the full tape and you’ve always got a backup)
  2. Video isn’t compressed like it is with flash drives. Some people think the video quality is slightly higher.

One thing to be aware of:  With the above 2 camcorders, they’re recording in HD and you can’t just burn them to DVD, you need to use software to convert them to the smaller DVD format.  That’s fine when I’m using it to create my training videos and I want to have the highest quality possible.

However, if I’m recording family events or personal stuff, recording in HD is too much trouble.  Non-HD camcorders still do a very nice quality job.  For a non-HD (tapeless) camcorder, I recommend:
Sony DCR-SR45 30GB Hard Drive Handycam Camcorder with 40x Optical Zoom

  1. The file sizes are much smaller
  2. Records in standard 720×480 so it’s easier to burn to DVD
  3. Easier to edit video on slower computers

Microphones For Camcorders

Built-in microphones for camcorders are OK, but they’re not great.  If you have one of the above Canon Camcorders, the easiest upgrade is to get
Rode VideoMic Directional Shotgun Mic w/Mount

…It’s just a mic that mounts on the top of your video camera, and it significantly improves audio quality.

  1. Good for recording multiple people talking
  2. Improves audio quality and comes with a direct attachment so you don’t need any other hardware to mount it on your video camera.

When I’m recording myself speaking into the camera, I use a “Lavalier Mic”, those are the little lapel clip-on mics that you see people wearing on talk shows.  I spent a lot of time checking out the audio quality versus price of different lavalier mics, and I decided on:
Audio-Technica AT899 - Wireless microphone

It does a really nice job, very impressive.  You need a microphone XLR-to-3.5mm adapter if you want to connect it to the lavalier mic to your camcorder, just a little adapter like this:
3.5mm (M) - XLR(F), (wired for stereo mics.), 1 ft.

Video Editing Software

I’ve always stuck with the Sony Vegas software for video editing, I’ve found it much easier to learn and more intuitive than Adobe Premiere and other products.  I went all-out and bought the full video editing package last year:
Sony Vegas Pro 9 Professional Video, Audio and Blu-ray Disc Creation Software for Windows - Slip Sleeve Version

However, it is a little pricey.  There’s a simpler version that I also purchased first (I own version 8, it’s virtually the same), it limits the number of audio and video tracks you can add to your products, but in practicality you don’t usually need more tracks than it provides anyway.

Considering it only costs about 25% of the above pro version, it’s an extremely good bargain:    Sony Vegas Movie Studio 9 Platinum Pro Pack

If you’re trying to make decisions on video production gear and software, I hope the above recommendations are helpful. The above products have worked very well for me, and I spent a lot of time researching each of them before I purchased.

P.S. -Be very cautious about buying electronics from websites with crazy-low prices that you’ll find listed in those “shopper/comparison” type websites.  Those comparison-type sites will show 5-star or 4-star ratings for questionable companies because they make commisions when you buy, but if you want accurate feedback on websites selling electronics gear check somewhere like reseller ratings.

Topics: Cool Tools | Add A Comment » Trackback URL

Why You Should Create Banners Even If You Don’t Use Banners

By Tim Gross - Internet Business Blog |

I’m diving in to creating the sales process for one of my projects, and I wanted to point out something important:

I’m creating banners for it first, before I even write the sales letter.

-I recommend that you do the same, even if you don’t do banner advertising.  Here’s why:

A banner ad basically functions as a classified ad, and a classified ad basically functions as a headline.  If you want to find out if your current headline is as good as it can be, take it and put it on a banner with nothing else but a “click here” button, and see if it works.

If your headline can’t pass the “banner” test, I recommend you try testing out other banners.  Can you fit something into this banner box that is compelling enough to get the right people to click on it?  If not, go back to the drawing board!

bannersample2

In fact, I recommend that you try creating headlines/banners/classified ads while you’re still in the product creation process, because it helps you figure out whether you’re creating a product that has an angle/hook that will work.

If you’re creating a product and you can’t think of anything interesting or compelling enough to fit in that box, you may want to consider some new angle or approach to your product that DOES allow you to promote it better.

Think about it: If you can’t create a compelling banner, you can’t really create a short, compelling email either. And if you can’t either of those things, how are you going to get people to view your sales letter??

I was looking at a kid’s maze today, you know, the circular paths that you draw your pen from the outside to the “winner’s circle” in the middle, while avoiding the dead-end paths along the way…

It actually was pretty hard, and I realized that starting from the middle “winner’s circle” and finding your path OUT to the beginning was a lot easier.

Creating banners and ad creatives first is like doing that.

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How To Enter A Crowded Niche? Micro-niche

By Tim Gross - Internet Business Blog |

Experts often advise newbies to stay out of very crowded niches starting out. Niches like:

Why? -Because it’s hard to compete against the “big dogs” who have more experience, more impressive testimonials, better case studies, etc.

My best advice for anyone trying to enter a very crowded niche is to NOT create a general “cover it all” product. Your best bet is to focus on a micro-niche within that niche. Just focus on one sub-topic, one specific method, and do it well.

By doing that you have a much better chance of standing out and separating yourself, as opposed to just being a watered-down version of something that someone else has already done better.

Topics: Marketing | Add A Comment » Trackback URL

Ethics And Legalities In Marketing: An Important Discussion

By Tim Gross - Internet Business Blog |

There’s a great quote by Zig Ziegler that always stuck with me: “Timid salesman have skinny kids”

In marketing forums I constantly see people asking whether specific marketing techniques are unethical or illegal. In most cases, something is unethical or illegal based on how the tactic is used, not the tactic itself.

This is going to be a pretty advanced discussion, so we need to define our terms before getting started. Understanding these distinctions is very important, because a lot of marketers are limiting their results out of fear.

Here are my working definitions for the following terms in relation to business:

Unethical/Immoral: Being misleading or doing harm for personal benefit. (Note: There’s a difference between “unethical” and “immoral”, but I’m lumping them together for this discussion unless I state otherwise.

Illegal: Against the law

Against T.O.S. (Terms Of Service): While not necessarily illegal or unethical going against the terms of service of a specific website or company

Polite: How cordial and well you treat others

Aggression Level: How in-your-face (or timid) you are

Before I start giving business examples, lets look at a few real-world examples:

These are very important distinctions, and here’s the most important for you to understand as a marketer: You can be aggressive with your marketing tactics and still operate legally, ethically, and morally.

Understanding these definitions will be very important as I begin introducing more advanced concepts in the weeks ahead.

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How To Create A Signature Font Graphic

By Tim Gross - Internet Business Blog |

Here’s a step by step video:

Hope that helps.

Topics: Cool Tools | Add A Comment » Trackback URL

Google Is “Personalizing” Searches Here’s How To Get Real Ranking

By Tim Gross - Internet Business Blog |

Last week, Google announced that they’re increasing their use of personalized searches to people even when they’re not logged in to Google.

What that means, is that if Google knows you like to visit your own website often, and you do related keyword searches in Google for your site, there’s a good chance that your website will come up higher in Google’s ranking for YOU than it would for someone else.

In other words:  When you tell your friends, “Hey, my website is ranked #1 for the search term “Cheap Ostrich Breeder”, your friends may not get the same results if they try to check themselves.

One solution to this is to use Scroogle (Click Here) to search Google.  That way you’ll get true “generic” results. An added bonus is that Google can’t tell it’s you who’s searching, so if you’re searching for “how to get rid of crabs”, or “what to do if my butt itches”, you’re not sharing your personal problems with Google.  (Scroogle deletes all search results after 48 hours.)

Did you ever see the movie Minority Report, where advertisements scanned your retinas as you walked down the streets to identify who you were and then yelled out things that were on sale that you’d be likely to buy based on your past purchase history?

Well, we’re getting there….  :-)

Topics: Cool Tools | 2 Comments » Trackback URL

Clever Ways To Quote Statistics

By Tim Gross - Internet Business Blog |

allstate

When I’m hired to increase a client’s sales, a lot of times I’m able to repackage information they already had into a more effective presentation.

Have you seen this Allstate commercial where the spokesman says:

If you think GEICO is the cheap insurance company, then you’re really going to be confused when you hear this: drivers who switched from GEICO to Allstate saved an average of $518 a year. Confused? Don’t be.

How do you interpret that statement?  Do you think Allstate must be a less expensive insurance company than Geico?  (In general, Geico is considered to have lower rates for more people).

Here’s the crucial line: “Drivers who switched from Geico to Allstate…”

That doesn’t mean that Allstate has better rates for most drivers.  In fact, the percentage of people who can save money from switching from Geico to Allstate could be tiny.  (I’m not saying that it is, I have no idea)

But which people WOULD switch from Geico to Allstate?  -The people who can save money.  Which makes their quote legitimate.

So by cleverly stating a narrow range of a specific statistic, Allstate came up with a strong commercial.

How can you use this concept to make a stronger case for your product or service?

Topics: Marketing | Add A Comment » Trackback URL

How Much Is Your List Worth?

By Tim Gross - Internet Business Blog |

People love to make blanket statements in response to generic questions.  Unfortunately, those responses are usually misleading.

It’s like the old, “If you put one foot in a bucket of boiling water and your other foot in a bucket of practically freezing water, on average, are you comfortable?”

Anyway… the real answer is to the question of how much money you should be able to expect from “X” number of subscribers is, “There’s no way of knowing.”

It’s like asking, “If I were to run an ad in a magazine, how much money could I expect to make?”

What ad? What magazine? How big of an ad?

Lets look at just some of the variables…

You could build a list:

-Through a non-incentivized subscription form on your website
-Through a popup non-incentivized subscription form on your website
-Through a popup huge bribe subscription form on your website
-By buying another company’s subscriber list when they sell their business
-By paying for co-registration emails where they had to check a box to subscribe
-By paying for co-registration emails where then had to UN-check to avoid subscribing
-By buying 10,000,000 email addresses on a CD-Rom from a guy selling it on eBay with the username SpammerLolz
…and many other variations

Did the subscribers opt in for your niche, or did they opt in to be entered into a lotto drawing?

In addition to the list variables, there’s what you’re selling.

Then there’s the offers you’re making them:

-Are you trying to promote a product through an unproven sales letter that you wrote yourself?
-Are you promoting an affiliate product that’s already been promoted by everyone with a similar list 10 times?

I could go on, but I think you get the point.

Here’s why it’s so dangerous to make unproven assumptions about the value of the list you’re building:

If you took the suggestion at face value that the worst thing that could happen from building your list was to make $.25-$.50 a month per name, you might happily run off and blow thousands of dollars building that list, figuring you only have to wait 2 to 3 months for the initial investment you made in building the list to break even.

“After that, it’s all profit, baby!” you say as you chortle greedily…

…Three months later, it’s possible that you won’t have made back a dime. Or, maybe you’ve made a killing!

But there’s too many variables to make blanket statements. Start building a list, find out for yourself what it’s worth, and proceed from there.

Topics: Marketing | Add A Comment » Trackback URL

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