If you write your TOS, can't you break it?

[Hell Puppy]

Originally Posted by pornlaw

Companies have to be very careful not to violate their own TOS or Privacy Policies. Its rather hard to enforce a contract that the owner of the site doesn't follow. And if its a breach of the Privacy Policy, that could lead to direct litigation against the company, especially if a company sells off information and the Privacy Policy doesn't allow for such.

TOU or TOS, DMCA and Privacy Policy are all extremely important.

Michael

www.AdultBizLaw.com

Can you elaborate on what is legally different here from direct versus indirect marketing and sales for any other type of business?

Most common example I can think of is cellphones. Go to any mall, you'll typically find a company owned store for all of the major carriers inside the mall. That is direct.

You will also find a seemingly infinite number of small stands which may carry just one carrier or may carry multiple. Ditto for other stores like big box retailers. And you can bet that the company store can offer certain plans and services that the indirect dealer cannot. In some cases, you may also have plans specifically for the indirect that the company store doesn't have. Bottom line they're adhering to different marketing policies and rules.

Another example, Wal-Mart. If you think you can deal with wal-mart to sell ANYTHING, the same way you deal with every other retailer you are SADLY mistaken. I would just about guarantee wal-mart has a unique contract with every manufacturer or wholesaler that they deal with directly. And that is essentially what I would think the TOS for affiliates is....a contract between them and the program.

Help me understand what's different?