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Ask Shawn Collins: Affiliates Selling Illegal Products

September 17, 2006 by Shawn Collins

Q: I received a recruiting letter from Commission Junction for an affiliate program in their network that sells something called PhotoBlocker Spray. This purpose of this product is the trick red light and speed cameras and keep people from getting traffic tickets. I’d imagine it would sell well, but isn’t that illegal?

Shawn CollinsA: As I always like to provide as a precursor when there is anything related to the law, please note that I am not a lawyer. I would urge you to consult your lawyer before making any business decisions related to legal issues.

That said, your question got me thinking – is that product legal? While the purpose of PhotoBlocker Spray is to “defend yourself from red-light and speed cameras,” according to the site, I can’t imagine CJ would take on a merchant that was breaking the law.

Bear in mind, Commission Junction is part of ValueClick, Inc. (Nasdaq:VCLK), so they are not likely to play fast and loose with the law.

I searched around the news wires and came across a story on PhotoBlocker from WFAA-TV in Dallas/Fort Worth.

Drivers should know that while PhotoBlocker claims to be “100% legal to buy and sell,” actually using it could get you in legal hot water.

A transportation statute says license plates cannot have any coating, covering or protective material that distorts their visibility.

“It’s against the law, and if we catch them, we’re going to prosecute them,” Harn said.

Personally, I wouldn’t tout this sort of product. Whether it’s legal or not, it’s aiding reckless drivers, and there is no upside there.

Rather than spend money with your lawyers to investigate it further, I think your time and money would be better spent promoting products and services where you don’t have to wonder about the legalities.

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