Affiliate Program Terms

Affiliate Relationship and Status

These Affiliate Program Terms ("Agreement") constitute a binding legal agreement between Legal Online Directory ("Company") and the individual or entity applying for or participating in the affiliate program ("Affiliate"). It is critical to understand that Legal Online Directory is a lead-generation platform and attorney marketplace, not a law firm. Participation in this program does not create an attorney-client relationship, a partnership, or a joint venture.

Affiliates act as independent contractors. Pursuant to Internal Revenue Code standards and the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., Affiliates are responsible for their own taxes and equipment. Furthermore, Affiliates must strictly adhere to the Federal Trade Commission (FTC) Act, 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices in commerce.

Compliance with FTC Endorsement Guides

Affiliates must transparently disclose their relationship with Legal Online Directory in all promotional content. Under the FTC’s "Guides Concerning the Use of Endorsements and Testimonials in Advertising," 16 C.F.R. Part 255, any "material connection" between an endorser and a seller must be clearly and conspicuously disclosed.

• Placement: Disclosures must be placed "above the fold" and near the affiliate link. It cannot be buried in a "Terms of Service" page or at the bottom of a long article.
• Language: Disclosures must use clear language, such as "I receive a commission if you click this link and sign up," or "Paid Advertisement."
• Social Media: On platforms like X, Instagram, or TikTok, Affiliates must use hashtags such as #ad, #sponsored, or #PaidLink to comply with 16 C.F.R. § 255.5.

Marketing Restrictions and Legal Industry Regulations

Because Legal Online Directory operates within the highly regulated legal services industry, Affiliates are subject to stricter oversight than in standard retail affiliate programs.

Unauthorized Practice of Law (UPL)

Affiliates are strictly prohibited from providing legal advice, interpreting statutes, or suggesting specific legal outcomes to potential leads. Such actions may constitute the Unauthorized Practice of Law (UPL) under various state statutes (e.g., Cal. Bus. & Prof. Code § 6125; N.Y. Jud. Law § 478). Affiliates must only promote the directory as a tool for connecting with licensed professionals.

Attorney Professional Conduct Rules

While the Affiliate is not a lawyer, the lawyers listed in our directory are governed by the ABA Model Rules of Professional Conduct, which have been adopted in varying forms by all 50 states.

• Rule 7.1 & 7.2: Affiliates may not make "false or misleading" statements about a lawyer’s services.
• Rule 7.3: Affiliates are prohibited from engaging in "solicitation" that involves live person-to-person contact to provide legal services for pecuniary gain. Affiliates must not use "runner" or "capper" tactics (e.g., approaching accident victims at hospitals), which are criminalized in many jurisdictions like California under Pen. Code § 649.

Telemarketing and Lead Generation Compliance (TCPA & TSR)

Affiliates generating leads via digital forms or telemarketing must comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and the Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310.

Effective 2024 and 2025, the FCC implemented "one-to-one" consent requirements (47 C.F.R. § 64.1200). Affiliates may not use a single "check-box" to obtain consent for a lead to be contacted by a "marketing partner" list. Consent must be obtained individually for Legal Online Directory or specifically named law firms.

• Revocation: Affiliates must provide a clear mechanism for users to revoke consent, honoring the FCC’s 2024 ruling that any "reasonable" method of opting out must be accepted.
• State "Mini-TCPA" Statutes: Affiliates must comply with more restrictive state laws, such as the Florida Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, and the Washington Consumer Electronic Mail Act (CEMA). These laws often have lower thresholds for what constitutes an "autodialer" and provide for private rights of action with statutory damages.

Email Marketing and CAN-SPAM Compliance

Affiliates engaging in email marketing must comply with the CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. Requirements include:

• Accurate Header Info: The "From," "To," and routing information must be accurate.
• Non-Deceptive Subject Lines: Subject lines must not mislead the recipient about the contents of the message.
• Opt-Out Mechanism: Every email must include a clear and conspicuous way for the recipient to opt-out of future mailings.
• Physical Address: The email must include the Affiliate’s valid physical postal address.

Data Privacy and State Omnibus Laws

Affiliates will likely collect Personal Information (PI) when referring leads. Affiliates must maintain a privacy policy that complies with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq., and other state laws (e.g., VCDPA in Virginia, CPA in Colorado, CTDPA in Connecticut).

Affiliates are "Third Parties" or "Service Providers" under these acts. You agree to process data only for the purposes defined in this Agreement and to provide at least the same level of privacy protection as required by these statutes.

Commission Structure and Payouts

Commissions are earned based on specific "Qualifying Actions," which may include:

1. Lead Generation (CPL): A user submits a verified inquiry form.
2. Product Sales: A user purchases a legal form or document template.
3. Directory Listings: A law firm signs up for a paid profile via an Affiliate link.

Referral Fee Restrictions: In many jurisdictions, non-lawyers are prohibited from receiving "referral fees" for specific legal cases under ABA Model Rule 5.4 (Professional Independence of a Lawyer) and state-specific equivalents (e.g., NY RPC 7.2). To ensure compliance, Affiliate commissions are paid for advertising and marketing activities or technology platform access, rather than as a percentage of a lawyer’s specific contingency fee or hourly billing.

Affiliates are responsible for all banking fees and wire charges associated with payouts. Payouts are subject to a "holdback" period (typically 30-60 days) to account for chargebacks and fraud detection.

Prohibited Conduct

Violation of these terms results in immediate termination and forfeiture of unpaid commissions.

• Keyword Squatting: Purchasing "Legal Online Directory" or confusingly similar trademarks in PPC campaigns (Google Ads, Bing Ads) is prohibited.
• Cookie Stuffing: Using scripts, frames, or hidden images to set affiliate cookies without a voluntary click-through is fraud.
• Incentivized Traffic: Offering cash, points, or prizes to users in exchange for submitting legal inquiries is prohibited, as it produces low-quality leads that violate our firm-partner agreements.
• Defamation: Affiliates may not disparage competitors or the legal profession to drive traffic.

Intellectual Property and DMCA

Legal Online Directory grants Affiliates a non-exclusive, non-transferable, revocable license to use our trademarks and logos solely for the purpose of this program. All usage must comply with our Brand Guidelines.

Pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, Affiliates must not use copyrighted materials (images, text, or videos) from third parties without authorization. We will terminate Affiliates who are repeat infringers of intellectual property rights.

Limitation of Liability and Indemnification

To the maximum extent permitted by law, Legal Online Directory shall not be liable for indirect, incidental, or consequential damages. Affiliates agree to indemnify, defend, and hold harmless the Company from any claims, damages, or regulatory fines (including TCPA class actions or FTC enforcement actions) arising from the Affiliate's breach of this Agreement or violation of any law.

Dispute Resolution

This Agreement is governed by the laws of the state where the Company is incorporated, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), rather than in court, as permitted by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.

Contact

For questions regarding the Affiliate Program, commission tracking, or compliance audits, please visit our Contact page.