Affiliate Marketing Lawyers for Boston, Massachusetts
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Patrick N.
Before attending law school, I had a prior career in business performance reporting. This experience differentiates me from other attorneys. I can readily read, interpret, and synthesize financial reporting. I also have a passion for legal research and writing.
Nicholas M.
Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.
"Enjoyed his demeanor. Professional yet down to earth. The document created for me was very explicit and easy to read. I would recommend :)"
Paul M.
Transactional attorney and corporate in house counsel for 15 years. Draft all types of contracts and employment agreements.
"Paul is prompt, professional, and knowledgable. I am happy with the prenuptial agreement I got and would be glad to work with him again."
Karl D. S.
Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.
January 23, 2023
Joseph M.
Joe provides premium legal services to both individuals and businesses throughout the Commonwealth. Experience litigating civil and criminal matters, as well as drafting/negotiation transactional issues involving contracts, real estate, business formation, estate planning and more. Prior to entering private law practice, Joe worked for two decades in financial industry including regulatory and compliance for both national and regional banks and investment firms.
May 23, 2023
Barbara M.
In 1991, Barbara Markessinis graduated cum laude from Albany Law School in Albany, New York. Shortly thereafter, Barbara was admitted to practice in New York State and in the United States District Court for the Northern District of New York. In 1997, Barbara was admitted to practice in Massachusetts and in April of 2009 she was admitted to the United States District Court for the District of Massachusetts. After graduating from law school, Barbara worked in private practice in the Albany, New York area and for Sneeringer, Monahan, Provost & Redgrave Title Agency, Inc. before joining the New York State Division for Youth and the New York State Attorney General's Real Property Bureau as a Senior Attorney. During her tenure with the Division for Youth, Attorney Markessinis found herself in Manhattan Family Court in front of Judge Judy! A career highlight for sure! After admission to the Massachusetts Bar, Barbara returned to private practice in the Berkshires and eventually started her own firm in June of 2006. Attorney Markessinis offers legal services in elder law, estate planning and administration/probate, family law, limited assistance representation (LAR), real estate and landlord tenant disputes. In 2016, after a family member found themselves in need of long term care, Attorney Markessinis’ launched her elder law practice. Through this experience, Attorney Markessinis discovered that the process of selecting a long term care facility and/or caregiver, applying for MassHealth and preserving an applicant’s assets are serious issues faced by many people every day. This area of the law is Barbara’s passion and she offers her legal services to families who find themselves in need of an elder law attorney. Attorney Markessinis is part of the Volunteer Legal Clinic in the Berkshire Probate & Family Court and has provided limited free legal services to patients and families at Moments House cancer support center in Pittsfield. She currently serves as a Hearing Committee Member for the MA Board of Bar Overseers and is a member of the Berkshire County and Massachusetts Bar Associations, Berkshire County Estate Planning Council (BCEPC). Attorney Markessinis is also the host of WUPE Talks Law. She also serves on the Town of Hancock Zoning Board of Appeals and Planning Board.
Paul P.
With more than twenty years of experience, Attorney Paul Petrillo has written contracts, business agreements, wills, trusts and the like. Licensed in both New Hampshire and Massachusetts, Attorney Petrillo is regular user of remote and virtual communications and document exchanges, such as DocuSign, Adobe e-sign, as well as virtual meetings using Zoom and Webex, to make drafting contracts and communicating with clients quick and easy.
August 30, 2023
Massa M.
Highly disciplined attorney with over seven years administrative litigation experience. Capable of analyzing complex research, data, and documentation to prepare and represent individuals in sensitive cases. Recognized as a leader with the ability to perform work both autonomously and collaboratively as a member of a diverse legal team. Great problem-solving skills, strong multitasking capabilities and works well under strict deadlines. A professional with a sense of humor, strong work ethic and ability to build trust across all levels.
September 14, 2023
Rachel B.
I am a new attorney who is licensed to practice in Connecticut and Massachusetts. I am waiting for bar admission to North Carolina. I have over 20 year of experience working in both the public and private sectors. I am a fierce advocate for my clients and am committed to delivering solutions for clients with excellence.
October 1, 2023
Brittany B.
I am a tax attorney with years of experience as in house counsel at an accounting firm. I have also done tax litigation and audit representation. I work with for profits and non profits.
Drew M.
Drew Melville is a Florida and Massachusetts-licensed attorney with fourteen years' experience in real estate transactions, title insurance and land use. His practice includes all aspects of commercial real estate acquisitions, dispositions, financing, joint venture formation, leasing and land use approvals. Mr. Melville is a title agent for Old Republic National Title Insurance Company, First American Title Insurance Company, and Stewart Title Guaranty Company. Mr. Melville's practice is national in scope, and he brings a creative and solution-oriented approach to his clients' diverse array of real estate investment and development activities in all real estate asset classes. These often include urban infill, adaptive reuse, affordable and workforce housing, historic preservation, sustainable building, brownfield or gray-field redevelopment and opportunity zones. Prior to starting his own firm, he was an in house counsel for the real estate development subsidiary of a large, diversified land and agribusiness company. To date, Mr. Melville has closed over $1.2 billion in commercial real estate transactions.
October 20, 2023
Corey H.
Veritas Global Law, PLLC ("Veritas") is a law firm specializing in Life Sciences, Private Equity, M&A, technology transactions and general corporate law. Veritas frequently represents clients seeking cost a cost efficient, on-demand, general counsel in a variety of general corporate law matters, and a range of contracts including NDAs, MSAs, Software as a Service (Saas) agreements. Veritas also represents U.S. and non-U.S. private investment fund GPs and LPs across a broad range of activities with a particular emphasis on private equity, venture capital, secondary funds, distressed funds and funds of funds. Mr. Harris received his LL.M. from the University of California, Berkeley, Boalt Hall School of Law and served as an articles editor of the Berkeley Business Law Journal and was an active member of the Berkeley Center for Law Business and the Economy. Additionally, Mr. Harris also holds a J.D. from Boston College Law School, a M.B.A. from the Boston College Carroll School of Management, a B.A. from Hampton University in Political Science with a minor in Economics and Spanish and a certificate in financial valuation from the University of Oxford, Saïd Business School.
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Affiliate Marketing
Affiliate Program Agreement
Massachusetts
Need clarification on Affiliate Program Agreement.
I recently joined an affiliate program for a popular online retailer and received their Affiliate Program Agreement, which is quite lengthy and filled with legal jargon. I want to make sure I fully understand my rights and obligations as an affiliate before signing the agreement, so I'm seeking clarification from a lawyer to ensure I'm making an informed decision.
Randy M.
Affiliate agreements may look standard on the surface, but small clauses can carry major consequences. If you’re working with or about to join an affiliate program, understanding what’s actually buried in the fine print could make the difference between earning predictably and running into serious problems later. Let’s walk through the sections that matter most. Commission Structure and Payment Terms This is where your earning potential lives or dies. Most affiliate programs pay a percentage of the sale, usually anywhere from 1 to 15 percent for physical products. Digital services often pay more, sometimes 30 to 50 percent or even higher, but they also tend to come with more clawbacks and stricter compliance rules. Keep an eye out for tiered commissions. If the program offers higher rates based on volume, that can be a game changer over time. But make sure you understand exactly how those tiers work and whether resets happen monthly, quarterly, or never. Then there’s the payout schedule. A $25 or $50 minimum threshold is typical, and most programs pay monthly. But what often gets buried is the delay. It’s not unusual to see 30 to 60 day lags before payment, supposedly to cover returns and fraud. That delay can hurt cash flow, especially if you're buying traffic or scaling campaigns. Cookie duration is another area affiliates tend to overlook. Amazon famously uses a 24-hour cookie, while other programs, especially in finance or SaaS, offer 30 to 90 days. But almost all use last-click attribution. That means if someone clicks your link, then someone else's before buying, they get the credit, not you. In competitive niches, this can get frustrating fast. Watch out for clawback provisions, too. These clauses let companies reverse your commissions for things like returns, chargebacks, cancellations, or suspected fraud. Some clawbacks go back 90 or even 180 days. If you're not budgeting for that kind of volatility, you could end up in the red. Marketing Restrictions and Operational Limits Affiliate agreements almost always limit how you can market. For example, trademark bidding is usually off-limits. You’re not allowed to buy Google Ads on the brand’s name unless they’ve given explicit permission, which they rarely do. Email marketing is another hot spot. Some programs ban it completely. Others only allow it if your subscribers opted in to receive marketing from you specifically. Purchased lists are a nonstarter. And be prepared to show proof of consent, often in the form of a double opt-in process. Cookie stuffing is a hard no. It’s considered fraud. So are shady browser extensions, forced redirects, and any tactic that drops a cookie without the user knowing and actively clicking. Violating these rules is grounds for immediate termination, and in some cases, legal action. And don’t assume you can do whatever you want with content. Most programs prohibit associating their brand with anything controversial, including gambling, adult material, political content, and other high-risk topics. Some luxury brands go even further, banning coupon codes or discount promos entirely to protect their image. Legal Compliance and Disclosure Obligations If you're promoting affiliate links, you’re expected to follow FTC guidelines. That means clear and prominent disclosures. Not buried in the footer. Not hidden behind a link. Right where the promotion appears, in plain language. Something like, “I earn a commission from purchases made through these links.” This is non-negotiable, and the FTC has started cracking down on violators. Beyond that, depending on what you're promoting, state laws may come into play. California's Consumer Privacy Act, for example, imposes specific requirements if you're collecting personal data, even indirectly. Financial and health-related offers carry their own rules, too. And if you're outside the U.S., the rules don’t get easier. The EU requires explicit transparency under the Digital Services Act, and Canada has its own competition laws around sponsored content. Intellectual Property and Branding Guidelines Most affiliate programs give you limited, revocable rights to use their logos or trademarks. These rights are non-exclusive, and they can take them back at any time. You’re not allowed to modify logos, create variations, or use brand names in your own domains or social handles. Some companies do provide approved banners and creatives, but many require you to submit anything custom for approval. And making a site that looks too much like the company’s official site can get you banned quickly. Termination Terms and Account Access Risks Almost every agreement includes an “at-will” termination clause. This means the company can cut you off at any time, without explanation or warning. For affiliates who’ve invested heavily in content, ads, or SEO around a specific offer, that’s a real business risk. Then there are survival clauses. These spell out which parts of the agreement still apply even after you’re terminated. Things like indemnification, confidentiality, and IP restrictions often survive indefinitely, so don’t assume you’re off the hook just because the partnership ends. Some programs allow appeals if your account gets flagged. Others don’t. Know the reinstatement process ahead of time, just in case. Risk Exposure and Liability Clauses Here’s where things can get dangerous. Most agreements limit the company’s liability, usually to the total commissions they’ve paid you in the last 12 months. That means if a tracking issue wipes out a month of commissions, your recourse is limited, even if it wasn’t your fault. Meanwhile, you may be signing up for much more exposure. Indemnification clauses often require you to cover the company’s legal costs if your marketing causes problems. This could include a false claim that triggers a lawsuit or a privacy violation that leads to a regulatory fine. These liabilities can easily exceed your commissions. There are also geo-restrictions to consider. If the program only allows marketing in certain states or countries, violating those terms, even by mistake, can put you in breach. Modification Rights and Policy Changes Unilateral modification clauses give the company the right to change the rules at any time. That includes commission rates, cookie windows, payout schedules, and acceptable marketing methods. They’re usually not required to get your approval. A dashboard alert or email counts as notice, and if you keep promoting after that, it’s considered acceptance. That’s why it's important to check your affiliate dashboard regularly and avoid relying too heavily on one program. Things can and do change overnight. Tax Status and Reporting Obligations If you're a U.S.-based affiliate, you’re almost always considered an independent contractor. That means you’re responsible for your own taxes, including self-employment tax, quarterly estimated payments, and any state or local business filings. Once you earn $600 or more in a calendar year, you'll get a 1099-NEC. International affiliates may face different rules depending on the country and whether a tax treaty applies. Keep in mind that expenses related to your affiliate activities, like ad spend, hosting fees, software tools, and continuing education, can be deductible. But it’s your responsibility to keep clean records. Disputes and Legal Proceedings Many affiliate agreements include mandatory arbitration clauses. This means if a dispute arises, you can’t sue. You’ll have to go through arbitration, often in the company’s home state. That adds costs, delays, and travel headaches if you’re located elsewhere. There’s usually a choice of law clause too. Most companies pick jurisdictions favorable to them. Delaware, Nevada, and California are common. This governs how the agreement is interpreted and enforced. And if you were thinking of joining a class-action lawsuit over a program-wide issue, think again. Most agreements waive that right entirely, forcing you into one-on-one arbitration. One Final Word of Caution Before you sign, read the definitions section carefully. Terms like “qualified sale” or “prohibited activity” are often packed with conditions and exclusions that can seriously affect your earnings. Don’t gloss over this part. If you're considering a high-volume program or one with aggressive compliance language, it’s worth getting legal eyes on the agreement. This is especially true if indemnification or clawbacks could leave you financially exposed. If you’d like someone to walk you through yours, there are attorneys on Contracts Counsel who can help.
Affiliate Marketing
Influencer Agreement
Texas
Can an influencer agreement be terminated by the brand without cause?
I recently entered into an influencer agreement with a brand, but I have concerns about the termination clause in the contract. The agreement does not specify whether the brand can terminate the contract without cause, and I want to understand my rights and obligations in case the brand decides to terminate the agreement unexpectedly.
Sara S.
Hi, Your rights and obligations in case the brand decides to terminate the agreement "unexpectedly" largely depend on why the brand terminates the agreement, and what exactly the termination clause says.
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