Ecommerce Websites - Tips To Avoid Liability, Resellers, SEO Web Design | Custom Website Design - Web Links Directory

Ecommerce Websites - Tips To Avoid Liability, Resellers, SEO Web Design

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The Direct Revenue Case

In the case of People v. Direct Revenue, the New York Attorney General in 2008 attempted to nail Direct Revenue for its distribution of software that served pop-up advertising software on consumers’ computers.

Direct Revenue is in the advertising business. It’s software client serves pop-up advertisements to consumer’s computer screens through the Internet. Direct Revenue does not charge fees to consumers. Instead, it charges fees to the companies whose products it advertises.

It’s interesting to note that one line of attack by the New York Attorney General focused on Direct Revenue’s “click-wrapped” (where the user clicks on “I ACCEPT”) end user license agreement (EULA) and Direct Revenue’s alleged deceptive and illegal practices. The court granted Direct Revenue’s motion to dismiss the claims noting that sufficient disclosure was given in the EULA, and the required elements for an enforceable agreement were followed.

Having failed with its first line of attack, New York’s additional line of attack focused on the customer agreements of Direct Revenue’s resellers in an attempt to hold Direct Revenue liable. The result was the same as with the EULA — Direct Revenue was held not liable.

New York conceded that Direct Revenue’s resellers were independent contractors rather than agents. Generally, a principal is not liable for acts of an independent contractor due to the lack of control over how the contractor’s work is performed. In addition, the court noted that Direct Revenue’s software distribution agreement required its distributors to obtain consent of consumers consistent with the EULA and prohibited distributors from holding themselves out as agents of Direct Revenue.

New York argued that Direct Revenue should be liable because it’s servers interacted with the consumers’ computers in the software installation process. The court pointed out that participation in installation was not enough for liability in the absence of participation in deceptive conduct that induced the installation.

Finally, New York argued that Direct Revenue should be held liable for the actions of its resellers on the ground that Direct Revenue ratified the conduct of its resellers. The court ruled that mere knowledge of consumer complaints was insufficient to impose liability on Direct Revenue, especially in light of the fact that when Direct Revenue had actual knowledge of a reseller misconduct, it took steps to remedy the problem.

3 Tips To Avoid Liability For Actions of Resellers

Potential liability for acts of online resellers is a major concern of ecommerce businesses which use reseller networks.

The Direct Revenue case teaches us that ecommerce sites may not be held liable for actions of their resellers if these 3 tips are followed:

if you transfer anything to a user’s computer, require your resellers to obtain consent of end-users consistent with your EULA - this means consent in clear and easy-to-understand (not deceptive) terms,
prohibit your resellers from holding themselves out as your agents, and
if a reseller does engage in misconduct, take affirmative steps to deal with the situation, including termination, if warranted (particularly if the reseller’s actions tend to indicate an agency relationship).

These 3 tips won’t guarantee that you have no exposure, but they’ll go a long way to protecting you from liability for actions of your resellers.
SEO, Images and Alt Text

Sculpting the focus of your pages translates into coherence and relevance for search engines. For example, if you have repetitive elements on a page, such as a legal footer (that is 200 words of legalese), a tag line in your title tags, overpowering navigation (which breaks down as a cascading tree menu), then all of these things are impacting the word count, text to link ratio and either increasing or diffusing the relevance of each page.

With examples such as this, you may consider using an image as an alternative (make a high res image with that text instead and use that instead of text) to lower the co-occurrence or non specific keywords and replace the nebulous shingles of text.

If in doubt, then look at your pages Google cache in text only view by clicking on a search result (cache link then selecting text only) link to see how spiders really see your pages with all of the style sheet information removed.

Frequently when conducting an on page website review and analysis we see multiple pages in a website that for lack of better terms are so similar to the market focus of multiple pages (which essentially means, since they are so alike, nothing distinguishes it from others).

As a result, lackluster performance impacts the relevance score of the page by diffusing the keyword focus and jumbling the phrases, modifiers and keywords in an attempt to make sense of what that page is really about.

Add to the fact that the anchor text is typically wide open with no real regard for continuity using off topic keywords for links (click here, contact us, etc), linking from multiple methods from one page to another (from the home button or link, from anchor text in the body and say for example an image as well) confuses the order of importance.

The remedy for this SEO web design dilemma is:

1) Add additional text on the topic - you can either add 100-200 additional unique words to a page or add 2-3 more supporting pages and internally link them to the target page to increase relevance for specific keywords.

The fastest way to get in the top 10 is to get a link from a website already ranking in the top 10 for a keyword. Similarly, in order to make your on SEO page factors prominent, linking from a page (all about Topic A) with a relevant link (about Topic A) to you preferred landing page within your site, transfers that ranking factor through the anchor text.

The more competitive the keyword, the more internal links you should use, using a variety of modifiers, reversing the order of the words if applicable or related synonyms as links to the target page (you wish to elevate).

2) Use images as links when adding text links is not applicable. Images can be tactfully integrated into a page and the alt attribute harnessed to link pages with relevant keywords.

If you still have images on your page lacking alt text (spiders cannot interpret images so you need to tell them what the image is). For example, if you have an arrow leading to a free quote page, the arrow could say get a free quote as the alt attribute. If it is a link, then the text in the alt attribute counts as a viable link and that value gets transferred to the target page.

Source: sitepronews.com