Posted by David on Jan 27, 2010 in
Other Stuff
This is VERY important!
It lists rules every direct marketer, online or off, needs to follow if you take credit cards as a form of payment.
I’ve blatantly stole this from Ryan Lee’s blog, sign up for his Webinar while you’re there.
Direct Response Best Practice Guidelines for Merchants
Trial Offers
Marketing models that employ “Free-Trial”, “Deferred Billing” and/or “Shipping Only” are considered trial offers for purposes of this communication. Consumers must be receiving a tangible good or contracted service in exchange for charging of payment cards. Incentivized discount offers are acceptable when the cardholder is receiving goods or services in exchange for payment; however we will be unable to support accounts engaging in hidden or delayed charges and ‘free’ offers that are not truly free.
- Avoid using terms in your marketing and offer presentation such as “Free”, “Risk Free” or any similar and potentially misleading phrases when consumers will be enrolled in a monthly continuity program at the end of a trial period, or will be paying a deferred charge for the trial period. The phrase “Free Trial” is prohibited unless there is truly no cost or obligation incurred by the consumer.
- “Shipping & Handling Only” offers must be a fair and accurate shipping charge reasonable to be accrued by the merchant for providing the product.
- Trial offers must be extended for a minimum of 10 days.
- Trial periods should not begin until the product is shipped to the consumer.
Marketing
- Avoid creating a ‘false sense of urgency’ for the consumer. Unless the consumer’s ability to order is genuinely taken away after a specified timeframe or order count is reached, this practice is prohibited. Use of applications such as countdown clocks, tickers, or language such as “Offer Expires Today!” is also prohibited.
- Product claims, by law, must be truthful. Claims regarding effectiveness must be substantiated by clinical research conducted to support the claims, and consistent with the formulas and ingredients in your product
- Qualifications for trial periods of a product should follow pre-determined rules disqualifying consumers who do not meet parameters, including but not limited to: Age, Weight, Height, and Location.
- Unreasonable claims or guarantees are prohibited. Examples of claims considered unreasonable are:
“Flushes Pounds”, “Flushes Toxins”, “Builds Muscles”
- Stating that use of a product will result in permanent weight loss
- Stating that a product will cause the consumer to lose a specified amount of weight in a specified timeframe
- Stating that a product will cause substantial weight loss no matter what or how much the consumer eats.
- Stating that use of a product can cause weight loss (or muscle growth) in specific body parts
“Free Money”, “Instant Money”
- Stating that the product can substitute the income of a full time job
- Stating that money can be earned with little to no effort or investment
- Stating that use of a product will earn you hundreds of thousands or millions of dollars
Additional examples include:
- Stating that the product has been successfully used by an unrealistic or unsubstantiated number of people
- Stating that a product will secure the consumer a job, either at the product’s company or another company
- Stating or implying that a product is endorsed or in any way associated with President Obama or a government entity
Endorsements/Testimonials:
- Endorsements and testimonials of user experiences must reflect the true and honest opinions of the endorsee(s).
- Endorsements and testimonials provided must present a clear picture to consumers of realistic results of using the product. If advertisers do not have substantiation of a specific claim or endorsement, then generally expected results must be clearly disclosed and backed by substantiation of any claims.
- Blogs used for promotional purposes must be in compliance with published FTC guidelines, representing an accurate and full representation of the endorsee, or clearly designated as a fictional story if developed internally for marketing purposes.
- News Sites published in marketing materials must be in compliance with published FTC guidelines, and must be clearly presented to the consumer as an advertorial. Written consent should be obtained from a media outlet prior to using the logo.
- Implied celebrity endorsement by use of an image in your marketing is prohibited without express legal written consent.
Affiliate Marketing (CPA) Networks
A significant contributing factor to Historical Excessive chargeback violations has been the utilization of CPA Networks. Transactions generated from internet traffic and all other lead sources must be managed and monitored for potential fraud using an approved system. Third Party service engagement may be a requirement for account approval.
- CPA Networks should contractually be held accountable for monitoring traffic generated from participating marketers.
- Merchants must have monitoring plans in place to detect suspect traffic and monitor Affiliate and Sub-Affiliate performance.
Billing Terms Disclosure
The FTC has recently published guidelines regarding “Negative Option” enrollment programs and is taking a very aggressive position against merchants utilizing/employing this business practice. Recommendations taken in part from the FTC’s website may include but are not limited to the following:
- Negative Option disclosures must be clear and conspicuous to the consumer and comply with published FTC principals.
- The full price of products sold must be within reasonable “fair market value”
- Under no circumstances should consumers be billed for a product or service not disclosed.
- Consumers must be required to validate understanding of the terms of the offer twice during order submission. The first validation can take place with the initial offer presentation prior to submission of credit card information, and the second during the checkout process. The confirmation order page must also require consumers to acknowledge that they agree to the Terms & Conditions and authorize the merchant to charge the credit card for the disclosed dollar amount. Terms must be displayed adjacent to the “submit”, “confirm” or any other “call to action” button confirming the order. The price must be within 100 pixels of the “submit”, “confirm” or any other “call to action” button.
- Terms must be in a minimum 12-point “easy to read” font.
- Avoid visually distracting graphics from the display of terms.
- Pre-checked boxes must never be used.
- Consumers should be required to actively and individually select each offer or bonus during the checkout process when there are multiple offers or up sells presented. No offers or up sells should be pre–selected or pre-checked.
- Consumers should not be able to move forward in the offer or checkout until the box acknowledging the terms is checked.
- Verbiage must clearly disclose the enrollment into an ongoing membership with no distraction. An example of an acceptable disclosure is: “By clicking “Submit” you acknowledge that you understand you are being enrolled in a 10 day trial for $4.95, and after expiration of the 10 day trial period you will be charged $59 per month until you cancel your service”
- All products or services purchased when the call-to-action button is clicked should be billed as a single charge unless the order is fulfilled at different times requiring multiple charges.
- Shipping and Handling should not be billed separate from charges for the product or service.
Billing Timeframes
- A merchant may not bill a consumer the full price twice in a 30-day span. An acceptable billing cycle example would be:
- Day 1 – Consumer signs up for a 10 day trial offer with paid shipping of $4.95 charged at the time of order.
- Day 11 – The first monthly order is shipped and the consumer is billed the full price of $59.
- Day 41 – The second monthly order is shipped and the consumer is billed the full price of $59.
- Consumers should not be billed prior to shipment of products.
REFUND POLICIES
Merchants must not make it difficult for consumers to exercise the disclosed cancellation procedures and all cancellation requests must be honored in accordance with the stated terms of the transaction.
- Refund policies must be disclosed prior to the sale completion. Establish a clear, concise statement of your refund and credit policy. Your policy should be consistent with the objectives of your business and the products or services sold.
- Merchants must not require return of any trial offer product samples in order for the consumer to receive a refund, or cancel their ongoing subscription.
- “Full Money Back” or “Full Satisfaction” guarantees are considered false and prohibited unless the offer provides a full refund on all products, including but not limited to Shipping & Handling charges.
- Refunds should be for the full amount charged including shipping and handling
- All future billing to a customer should be canceled when a refund is issued.
- All future billing to a customer should be canceled when a chargeback is received.
Back End Offer, AKA Up Sells or Cross Sells:
All sales should be directly between the business entities (merchants) processing the transactions and the consumer, with consumer authorization for all purchases.
- Under no circumstances can consumer data be shared with another company as this is a violation of Brand Regulations, including but not limited to the Payment Card Industry Data Security Standard.
- Forced and hidden up sells are strictly prohibited
- Up Sells with recurring charges are prohibited, regardless of consumer opt-in or acknowledgement of the offer.
- A one-time bonus offer may be extended to the consumer for an additional product offered by the same company as the initial transaction. The price of the bonus offer must be clearly disclosed and the consumer must acknowledge the terms of the sale prior to providing credit card information for completion of the sale, and again at order confirmation/ submission.
Descriptors
- ALL MERCHANTS DEFINED AS OFFERING A DIRECT MARKETING PRODUCT WILL BE ASSIGNED A DESCRIPTOR FORMATTED TO COMPLY WITH VISA REQUIREMENTS, TO INCLUDE AN *.
- Billing descriptor should be consistent with the website name, marketing materials, purchase confirmation, and shipping notification (if any) sent to the consumer.
Fulfillment
- Orders must be fulfilled in a timely manner. It is recommended that all products be shipped within 48 hours (2 business days) from the date of order.
- A confirmation email should be provided for all online orderswith physical shipment, within the prior 5 days to shipment or 2 days following shipment, including the following information:
- Merchant contact information (at minimum a consumer service phone number)
- Order information including purchaser’s name, unique order or customer ID, summary of item(s) purchased
- Terms of the order, including initial amount billed and future billing schedule (this should be stressed)
- Cancellation and refund policy
- Delivery confirmation / tracking information
- An invoice should be included with the product including the following information:
- Merchant contact information (at minimum a consumer service phone number)
- Terms of the order, including initial amount billed and future billing schedule
- Cancellation and refund policy
Customer Service:
- Multiple methods of cancellation must be provided for consumers to cancel or request refunds, including at least two options of contact. Example of acceptable service channels include: phone, email, mail, and online chat. Phone support is strongly recommended as one of the options.
- “Contact Us” information including contact methods and hours of availability should be prominently displayed in all marketing, offer and payment pages, as well as included in purchase confirmations, invoices and any other communication with consumers.
- Customer Service must be easily accessible and available during reasonable business hours
- Refund and Cancellation Policies must be followed as disclosed to the consumer at the time of order
- Hold times to reach Customer Service must be less than 2 minutes.
- After hours voice mail should include a greeting that properly identifies the merchant to the consumer, provides hours of Customer Service availability and an expectation for call back.
Not all merchants will require exactly the same rules but I bet almost all of them will be about the same.
This affects you and it WILL make things better and easier for us ethical marketers.
Now you have the information, act on it!
David Husnian
The Shameless (and Ethical) Marketer
http://www.Twitter.com
.
Tags: direct response marketing, direct response marketing rules, merchant account, merchant account rules
Posted by David on Dec 2, 2009 in
Other Stuff
Truthfully, I’m not a huge fan of 1ShoppingCart but I continue to use it as sort of the lesser of the evils and I’ve tried most of them.
Well, I just found out they’re adding something that is an amazing leap in functionality for them and gives them a big advantage over competing vendors, at least as far as I know.
They actually worked with some Internet Marketers and other online business experts to design and develop this new fantastic new addition to their product.
Their goals were to:
- Increase your revenue by letting you capture more sales from each customer by increasing the order size of each order.
- Be able to immediately market to new customers.
- Have a return on investment (ROI) so high that their customers would flock to it.
- Make it work for all of their customer no matter what they sell.
What they came up with is called Upsell Express and from what I can tell it is a great first attempt and will be a very valuable addition to their service. So much so that if I wasn’t a 1ShoppingCart customer I’d strongly consider becoming one.
Before I explain further, here is a short video showing some of the benefits and features.
Read more…
Tags: 1shoppingcart, 1shoppingcart upsell, cross sell, cross selling and up selling, customer upsell, customers value, downsell, how to up sell, how to upsell, how to upsell products, Split Testing, up sell, up selling, up selling cross selling, upsell, upsell and cross sell, upsell cross sell, upsell definition, upsell downsell, Upsell express, upsell offers, upsell page, upselling, upselling and cross selling, upselling cross selling, upsells, what is upsell, what is upselling
Posted by David on Oct 22, 2009 in
Other Stuff
Man, those last 2 blog posts on the FTC stuff generated interest; comments and e-mail galore. But that’s over, been there, done that.
You’ve probably heard of Google’s PageRank; well duh!
In my opinion, it hasn’t been important for a long time — I’ve found it distracting at best but now it’s mostly so 2005 – but many people swear by it and make one of their main goals to get a high PageRank.
I lost faith in it when I kept seeing pages with low PageRank on the first page of Google.
I mean who cares what your PageRank is if you aren’t ranking high on the search results for your keywords.
For some reason though, PageRank continues to be associated with high rankings and I just didn’t see it but if people wanted to waste their time achieving it that just made it easier for me to get a high ranking (which I do care about).
Well, that’s all over with.
Read more…
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Posted by David on Oct 18, 2009 in
Other Stuff
I didn’t plan on going into this anymore after my last blog post until there were new things to say but I continue to see a lot of hype that I think needs to be balanced out.
Personally, I don’t think there needs to be so much concern about this and here’s why.
I did some further research, I read other opinions, I read the FTC example scenarios, I read lawyers opinions and I don’t see why people are so freaked out about this.
Is it serious? Yes.
Is it something you need to be concerned about? Sure.
Is it an opportunity? Absolutely
Before I go further into why, I want to remind you that I’m not a lawyer and I don’t know anything about anything! You should check with yours to see how this impacts you, but here is my layman’s view…
Read more…
Tags: affiliate internet marketing tip, affiliate internet marketing web, affiliate marketing campaigns, affiliate marketing guide, affiliate marketing online, affiliate marketing strategies, affiliate marketing strategy, affiliate marketing success, affiliate marketing tactics, affiliate marketing techniques, affiliate marketing tips, ftc act, ftc advertising, ftc affiliate marketing, ftc commission, ftc complaints, ftc consumer, ftc consumer protection, ftc law, ftc laws, ftc scam, ftc scams, learn affiliate marketing, testimonial, using customer testimonials, using testimonials
Posted by David on Oct 7, 2009 in
Other Stuff
A couple of months ago I wrote a couple of blogs post about the FTC investigations that could have implications on Internet Marketers; see You May Be at Risk, Don’t Let the FTC Shut You Down, Part 1 and You May Also Be at Risk for This, Don’t Let the FTC Shut You Down, Part 2.
I promised to follow up when there was more information.
On October 5, 2009, the U.S. Federal Trade Commission (FTC) approved finals revisions to some guidelines that will have an impact on Internet, and other, marketers; guidelines that haven’t changed since 1980 – almost 30 years ago!
The changes can have a SERIOUS affect on marketers who use testimonials; at least those who use specific types of testimonials, a well as those who get/do reviews and endorsements; with hefty fines involved.
Read more…
Tags: affiliate internet marketing tip, affiliate internet marketing web, affiliate marketing campaigns, affiliate marketing guide, affiliate marketing online, affiliate marketing strategies, affiliate marketing strategy, affiliate marketing success, affiliate marketing tactics, affiliate marketing techniques, affiliate marketing tips, ftc act, ftc advertising, ftc affiliate marketing, ftc commission, ftc complaints, ftc consumer, ftc consumer protection, ftc law, ftc laws, ftc scam, ftc scams, learn affiliate marketing, testimonial, using customer testimonials, using testimonials
Posted by David on Aug 25, 2009 in
Other Stuff
Today, I’ve got a few small but important things about Google and Facebook I thought you’d want to know about.
You know that I like to let you know about ways to keep yourself and your online businesses safe and that I like to tell you about things I find out before “the masses” know about them.
So, this time I’m going to share a potentially serious and damaging security issue with Facebook apps, a very new test Google has doing that will impact your Web sites and a new service that Google is starting to share with the public.
Read more…
Tags: Facebook App, Facebook Apps, Facebook E-commerce, Facebook Security Concern, Facebook Security Concerns, Facebook Security Issue, Facebook Security Issues, Google breadcrumb, Google breadcrumbs, Google PubSubHubbub, PubSubHubbub
Posted by David on Aug 17, 2009 in
Other Stuff
You’ve probably heard that Google just announced it is coming out with a new, much better search engine; code named “Caffeine” (read Google’s announcement on their blog). This means that Google search as we know it is coming to an end.
For Internet Marketers like us who rely on Google this can be scary but any time Google talks about what they’re doing we need to listen.
Here’s what the blog says:
“…, a large team of Googlers has been working on a secret project: a next-generation architecture for Google’s web search. It’s the first step in a process that will let us push the envelope on size, indexing speed, accuracy, comprehensiveness and other dimensions.”
There’s a lot said in that statement if you read it carefully, here’s what it means, how it affects you and what to do to be miles ahead of your competitors:
Read more…
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Posted by David on Aug 11, 2009 in
Other Stuff,
Tips & Techniques
Think your Google Gmail is safe? Think again!
Yet another flaw in Gmail was recently revealed by security researcher Vicente Aguilera Díaz, who has found previous flaws in Gmail. He found a back door allowing bad guys to repeatedly guess Gmail passwords.
According to his new alert, Google lets anyone with a Gmail account guess another Gmail user’s password 100 times every two hours, or 1,200 times per day.
No “captcha” keeps hackers from guessing passwords and, worst of all, this is per account so if a hacker controls 10 Gmail accounts that’s 12,000 guesses a day, 100 accounts, 120,000 guesses a day, etc.
Gmail accounts cost nothing and it would be easy for a hacker to control a lot more than 100 accounts, I’m sure most control tens of thousands of accounts, if not more.
Then, with a simple software program, a password cracker bot, it would be very easy to “harvest” the password from thousands of Gmail accounts, giving the person complete control over your account and access to all your personal mail and information.
While Google requires the bare minimum for a secure password, 8 characters, they put no other security measures and you could create extremely weak passwords list “aaaaaaaa” or “password”; a lot of people actually do use those.
Fortunately, there is a simple way for you to protect yourself from this problem.
Read more…
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Posted by David on Aug 7, 2009 in
Other Stuff
In my last post, I talked about recent U.S. Federal Trade Commission (FTC) investigations into certain marketing practices that you may unknowingly and innocently do.
While the specific investigation was on “fake blogs” it isn’t a far leap to many of the review sites out there that aren’t really more than affiliate promotion advertising pages.
There is talk that FTC will require explicit disclosure of these sites including social media sites like Facebook, Squidoo and even possibly Twitter.
We also looked at how a possible further step was the move to stop cloaked affiliate links.
There is also a second investigation going on that is also a common enough practice in our Internet Marketing world and I’m pretty sure that that this investigation will result in a ruling that will require some changes into the way some people do things.
Again, you may not do or you may unwittingly do it but you need to be aware of it and change now before the ruling.
What I am talking about is…
Read more…
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Posted by David on Aug 6, 2009 in
Other Stuff
Recently, the U.S. Federal Trade Commission (FTC) started investigating some common, although not exactly ethical, marketing practices but ones you may unknowingly and innocently do.
I did some research to make sure I’m not potentially at risk and, while not a lawyer, I don’t think I am.
I also don’t think most marketers would find themselves purposely at risk but the practices are common enough that you might not even know you were so I wanted you to know about this so you could look at your business before it was too late.
Anyway, there are a couple of investigations that are of particular interest to me and other Internet Marketers.
The first is…
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