Legal Question in Business Law in Florida

Hey there,

I am currently working as an affiliate for several companies getting paid commissions for selling their products. If incentivized offers are fine by the companies I am promoting for, I was wondering if I could do the following:

There is a person in our community who has done amazing things for our town (I'll call him John Smith). He is practically a celebrity known by everyone. Well he is about to retire, and I came up with this idea.

Could I run a promotion saying," John Smith has changed thousands of lives in our community, let's come together and buy him a New Car!

"For every person who buys (this product) $10 will go towards buying (that special person) a New Car!

Let's say I am making $15 commission off of each sale, could I do this and keep $5 to my business?

I know that companies donate portions of their sales to non-profits but I was not sure how that works with donating to a single person.

Thanks for your help!


Asked on 12/13/09, 2:13 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I just wrote you a long and thought-out opinion, and it accidentally got erased before sending. I hate it when that happens.

I suggest several things such as: consent from Smith; indeminification agreement for you as promoter; FTC compliance with laws which mandate no false advertisement, contracts between all parties involved.

It was better the first time I wrote it. You can email me.

Read more
Answered on 12/18/09, 9:33 pm


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