Are Banks Wising Up ?
Did anyone else happen to see the article in the Money section of today’s USA Today about banks offering credit card perks to only their clients ?
It’s about time that an institution took care of those who already give them business, rather than offering the biggest incentives to new customers.
I wish all businesses/banks would do this. I have no problem getting less of a discount than a current customer. And I have a big problem when my cell phone carrier offers some shmoe a deal for $20 less per month than I’m paying, when I’ve been a loyal customer for 1o + years.
I’ve paid you well over $25,000 in those 10 years and you want me to pay more per month than somebody who’s gonna jump ship for $5 a month when they get a chance at a better deal ?
My bank constantly ( monthly ) sends me a postcard offering me $75 if I’ll just use Direct Deposit. That’s all well and good, except I took advantage of that over 2 years ago. And you only gave me $50. Either quit mailing me the damn postcards or give me another $25 !
It’s high time that ALL businesses wise up and take care of CURRENT customers. Why ?
1) We have no acquisition cost
2) We’ve shown loyaly, even thru your worst of times
3) We’ve probably trained half your employees … you sure don’t !
Now show us the good times ! Show us some loyalty !
Here’s what I want to see out front of a business/bank tomorrow - a sign that says :
Make sure that I, as a current customer, feel like you want my business more than you want new business and you’ll mine gold that’s nearer the surface than what you’re diggin’ for now.
Help me out here, somebody jump in and add to this conversation.
Simply Astonished At The Value Of This Blog !
I haven’t done this in a long time, but while reading a new blog ( for me anyway) today, I saw this valuator that’s powered by Technorati.
I’m completely flabbergasted at the value they place on my simple little blog.
My blog is worth $50,244.06.
How much is your blog worth?
Does anybody else think their blog is way overvalued ?
Can anybody give me a better way to evaluate the worth ?
I’m thinking of letting go of a blog, maybe two, to pay in advance some of the college expenses for 2 of my daughters.
If you know of anybody who’s looking for a blog or two, have ‘em take a look at our network page and shoot me an email.
20 More Questions About Blogging Legally
Here’s some more of the questions we can try to answer for you. We still need more, so go the the Ask Bob Silber page or leave your question here as a comment.
1) Am I liable for any copyright infringements made by my web designer or ghostwriter ?
2) Are there any laws governing testimonials on my blog or any infoproducts I produce ?
3) Can I register a domain name that’s basically another persons trademark ?
4) Can I use a company’s Trademark in my ebook title or as the name of my blog ?
5) I write a blog just to make money from AdSense - can I use a Trademarked name in my domain name ?
6) Can I use a Tradmarked name in my Meta Tags ?
7) Can I use Trademarked names as keywords ?
Can I use Trademarked names in my headlines ?
9) Are there any laws governing the raising & collecting of funds on behalf of disaster victims ?
10) Can you tell me about using copyrighted photos on my blog ?
11) We use a Tell-A-Friend link on our blog - is this subject to CAN-SPAM Act Compliance ?
12) I run contests on my blog - are there any laws governing this ?
13) I’m set-up as an LLC - I’m safe… or am I ?
14) I’ve given away free, downloadable eproducts on my blog - am I liable for how they’re distributed after they’re downloaded ?
15) Where can I get all the forms I need before hiring a gostwriter ?
16) I pre-sold an ebook and took orders - it’s been 45 days and I’m not excited enough, due to low sales, to finish it. Can I just refund their money and be safe ?
17) Can I legally use ” an old book ” for content on my blog ?
18) Can I just change the wording around of an old book that’s not in the public domain ?
19) I’ve heard about a ” Poor Man’s Copyright ” - is that legal ?
20) I do a product driven blog and I compare one product versus another - am I in any danger ?
That’s 20 more good questions, but we could use more. Please leave us a question in the comments or visit the Ask Bob page.
Congress turns Up The Heat On Webmasters/Bloggers
Just in case you didn’t see it, I caught a thread at Promocharger, which ultimately led me to C/Net News.
The basic premise is this -
You cannot lure people to your site/blog with seemingly innocent wording ( read as headlines ) and then show them adult content.
One more reason you need to go to the Ask Bob Silber page and ask a freakin’ question.
One more reason you need all the legal education you can get about blogs - which happen to be the same thing as a website and the term Webmaster and blogger are now interchangeable.
One more reason to be careful and get some Disclaimers, some Terms of Service statements, some Child Online Protection Act info and lots of other questions answered.
Bob and I are trying to help, but we can’t help you unless you help us by asking questions.
If you like to read the C/Net article, click away.
Questions About Blogging Legally
So far we’ve gotten a few questions, but not nearly enough, so I’m gonna toss out some chum and see if any of you sharks will bite.
1) Can we use third party forum posts as content on our blogs ?
2) Can we use third party screenshots on our blog ?
3) Does our email update service ( FeedBlitz, FeedBurner, Aweber ) have to be CAN-SPAM Act Compliant ?
4) Can we sue Google for changing our Page Rank ?
5) Do we have any liability for any of the affiliate programs we promote ?
6) How can we be sure of ownership of the blog design we pay for ?
7) What do we need to do to make sure we own the content we pay to have written ?
I had a piece of software coded ( as a give-away for the purpose of getting links and subscribers ) on elance.com, what if some of the code it was copied from another piece of software ?
9) I write a health related blog…am I liable for any claims I make ? … claims made by products I endorse ?
10) Can my copy be too hypey for my own good on my blog ?
11) What can happen to me if I make defamatory or derogatory comments about a person ? … about a company ?
12) Do I need disclaimers on my blog ?
13) Do I need a Privacy Policy on my blog ?
14) Do I need a Terms of Service statement ?
15) I post semi-nude to nude photos on my blog, can I be charged under the Child Online Protection Act ?
16) I sell software on my blog and someone’s misusing a copy they bought from me. Is my software license that I had them check a legal, binding contract ?
As you might imagine, I’ve edited some of the questions for clarity and brevity.
This is not quite half of what I’ve received so far, so you can see we need more.
Please either leave your question here in the comments section, or go to the Ask Bob Silber page and ask your question there.
If you go to the Ask Bob Silber page, you’ll have the chance to sign-up for an email update of the products readiness and/or subscribe to the RSS feed for this blog.
Please do me the favor of :
- Leaving a question at one place or the other
- Linking to this post or linking to the original post
- Emailing an announcement to your list
We need all the questions we can get, so we can educate you as much as possible.
Got A Legal Question About Blogging ?
I’m betting you don’t really know what you’d do. Me neither. But I do know who I’d call.
Bob Silber - Bob is internationally known as one of the world’s most respected authorities on Internet marketing law. He is an Attorney, Consultant, Speaker, Author and former Adjunct Professor teaching Business, E-commerce, Intellectual property and Internet law at a major university. His clients include best selling authors, high-paid speakers, the Internet’s most successful marketers and up-and-coming business owners.
Bob is Legal Counsel to some of the most widely known Internet Marketing Superstars. His client list reads like a who’s who of Internet marketing and include individuals generating millions of dollars annually on the ‘Net.
How does a lowly little sales consultant, blog network owner like me know such a well respected guy like Bob ? Pure freakin’ luck !
I met Bob at an internet marketing seminar in Pensacola, Florida that was hosted by Willie Crawford in May of ‘02. Bob was one of the speakers. Then in December of ‘03, Bob hosted a seminar in the Florida Keys where I was intoduced to several people who I still partner up with to this day.
Recently, with our foray into blogging, I’ve started to see the tell-tale signs of the need for legal education for a new breed of internet marketer/blogger. And if you don’t believe you, as a blogger, are an internet marketer, you are wrong, which is well within your rights.
I’ve seen bloggers debate back-and-forth, thru comments and in dedicated posts, the legal ramifications of certain circumstances. Most of what I read was dead wrong, but I didn’t open my mouth, since I’m not a lawyer and could not be mistaken for someone who plays one on TV.
I’ve emailed and called Bob to ask him about the legalities of those situations, but didn’t print any of what I’d learned.
Well that’s all going to change … right now !
I’ve asked Bob to give us some help, as bloggers, in learning more of what we need to know … before we get too deep for his expertise to allow him to help us.
Bob graciously agreed to give me some time for a Q&A and in exchange, I’m gonna have my staff help Bob with his blogging needs, when that time comes.
So what I’m gonna do is put up a page in the next few days and allow you, as readers and fellow bloggers to ” Ask Bob Silber ” any questions about the blogging and remaining on the safe side of the tracks.
Then we’ll take those questions and Bob and I will decide how to deliver the info to you. It could be a printed transcript, an mp3 file, a teleseminar or some other form of media. But we will deliver the goods to you. We promise.
I want to say thanks, in advance, to Bob for agreeing to help and old friend help his new friends.
Bob’s a busy guy, as he’s in demand as a speaker, he does have a select list of clients that pay him well to watch over their legal needs and he got over a dozen of his own infoproducts to answer for.
He publishes the Bob Silber Letter, which has over 100,000 subscribers and he has his legal practice to keep up with, D. Robert Silber, P.A., where he continues to advise and protect authors, publishers, experts, speakers and Internet marketers and their creative works, intellectual property and businesses.
During his 29 year legal career, Bob has mastered the little known laws, which protect information product creators from running afoul of government laws and incurring civil & criminal penalties.
Some of his own works include :
· What You Must Know About Copyrights To Protect Your Intellectual Property
· How To Protect Your Creative Works With Trademarks
· How To Use The Legal Loopholes Of Disclaimers & Warranties For Your Creative Works
· How To Avoid Civil & Criminal Penalties For Illegal Pricing Of Your Creative Works
· How To Do Business On The Internet While Keeping The Government Off Your Back
· 4 Things You Must Have On Your Web Site To Avoid Legal Problems & Law Suits
Stay tuned over the next few days, as I continue to look for ways that Bob can help us, as bloggers, stay on the good side of the Federal Trade Commission.
The best way to make sure you don’t miss any part of this legal education is to subscribe to the Simplenomics RSS feed or the email alerts thru FeedBlitz.
———————————————————————————————————————————————
EDIT - If you can’t wait for the rest of the build-up, hoopla and prelim posts and want to go ahead and ask Bob Silber your question about blogging and staying legal, go on ahead of the crowd and visit the Ask Bob Silber page.
———————————————————————————————————————————————
The Top 5 Reasons Jessica Simpson Could Sell Water To A Drowning Man
” Setting an example is not the main means of influencing others; it is the only means. ” - Albert Einstien
There are countless quotes about selling and even more theories, but deep down at the heart of the matter, you find this quote keeping time with it’s beats.
Think about it for a minute. Isn’t that the root of all advertising and sales - setting an example of what’s waiting for the individual on the other side of this product or that service ? We want them to look at what they have NOW and compare it to what they could have THEN. And we want the THEN to look so attractive that they want to leave NOW behind.
That’s the #1 reason Jessica Simpson could sell anything in the world to just about anyone in the world. She is the ultimate picture of having it all - beautiful, popular, talented, wealthy, healthy, vivacious, and yet very down to earth and likable. Her endorsement of any product or service makes it nearly as attractive as she is. She helps to create the THEN that everyone’s looking for.
The second reason Jessica Simpson is the ideal salesperson is the fact that she’s genuine and trustworthy. She doesn’t seem to have any angles or self-serving motives. She obviously cares about other people - not just about what other people can do for her. If you just compare her image to that of Lindsay Lohan, Britney Spears or Paris Hilton, you’ll see what I’m getting at. She’s a REAL person, not a fake one, and her smile is genuine rather than forced. People genuinely respond to genuineness.
Thirdly, Jessica Simpson is enjoying life. And that’s pretty much what we all want to do - enjoy the heck out of it ! Think about the three celebrities I mentioned above. Now think about the other ones you see in the newspapers or online everyday. They’re moody, depressed, often angry, argumentative, confrontational and controversial. You can see it in their eyes - most of them are certifiable. And you can tell that being in their presence would soon make you as certifiable as they are. As a group, they’re always getting into a fight with someone or in trouble for something. Whereas Jessica keeps her hands AND her image nearly spotless. I said nearly.
All PR departments know that if your spokesperson gets dirt on them, they’ll wipe it off on you. Jessica’s a company’s dream girl - compared to the rest, she’s squeaky clean. Nothing to wipe off or cover up.
She brings it all to the table, she’s as popular as the Lindsay’s and Britney’s of the world, and far more attractive with her “act” far more together. She walks in their glamorous dream world, but avoids the pits they seem destined to jump into. Celebrity endorsements are always attractive, but with celebrities getting their collective crazy on, that’s becoming a tricky task. Who knows when this one will show up stoned, who knows when that one will have another break down, who knows when this one will have sex tapes turn up, and who knows when that one will lose so much weight that she disappears before our eyes ? (A fate I fear is stalking Nicole Richie, both Olsens and the pirate lass, Ms. Knightley.)
The fourth reason is her down-to-earth and approachable personality. She seems like the girl next door. In fact, if you’ve ever seen her in television interviews - before she puts “Jessica Simpson” on (with hair, make-up, push up bras, etc) she’s very much the girl next door. She’s self-deprecating, often talking about her “bunny teeth” and weight. You can tell that she doesn’t take herself too seriously and that’s a refreshing attribute.
Finally, the fifth reason Jessica Simpson could sell water to a drowning man is that she’s a positive person in a world of negatives. Her attitude, her music, her quotes, her outlook - she’s upbeat. I was watching an interview with her today on MTV - she was promoting her new video. The interview was much better than the video, because that’s when this girl is the most endearing - when she’s herself. She’s adorably quirky and even … goofy. Yeah goofy ! She feels good about herself and about life in general. It kind of rubs off on you and you end up feeling just as good. My favorite part of the interview (which Jessica smiled all the way through) was when the host asked her about her character in an upcoming move.
She said,
” She’s got some big damn ears. ”
Typically Jessica.
Want to to see the best Jessica Simpson fansite on the whole dang internet ? That was your cue to click.
Life Lessons From Miranda Lambert
I recently heard a song on country radio and the words spoke to that little voice inside of me that says, ” Go buy that CD ! “.
I’m sure your little voice gets you every now and then too … doesn’t it ?
The CD is titled Kerosene and it’s the debut album of Maranda Lambert.
I’ll probably go thru this CD, song-by-song and let you in on the secrets that this 23 year-old Texan has learned and shared. Sometimes a kid from a small town ( hers was Lindale, TX and it’s population is 2,500 - mine is Earlington, KY, population 1800 ) learns early and the hard way and it sticks with you.
The first song’s the title track and it has some great lessons and advice, like :
” I’m waitin’ on the sun to set, ’cause yesterday ain’t over yet. “
Lots of people will tell you that yesterday’s gone and there isn’t anything you can do about it. Bull ! Unless you’ve learned the lessons yesterday was trying to teach you, you’ll have to go thru it again. Where do you think the term deja vue came from ? From yesterday trying to get it’s lessons thru your thick skull.
Pay attention … slow down … listen to the words that are floating around in your skull … finish the homework and then you can move on.
If you don’t, you’re doomed to wear that mullet and bell-bottoms forever. EEEEWWWWWW !
” Dusty roads ain’t made for walkin’, spinnin’ tires ain’t made for stoppin’ .”
Quit tryin’ to use things, people, facts and figures for things they weren’t intended for.
Quit tryin’ to manipulate the circumstances in your life and start actually making changes that will reflect the real you. Don’t like to sell ? Doesn’t make you happy ? Find another way to pay the rent. Success doesn’t make you happy, being happy makes you successful.
” I gave it everything I had and everything I got was bad. Life ain’t hard, but it’s too long (for) living like some country song. “
More great advice that screams to you to quit trying to put the square peg in the round hole. Quit living like those old crying in your beer songs, with trains, dogs, cheatin’, and tears.
” Forget your high society, I’m soakin’ it in kerosene. Light ‘em up and watch ‘em burn, teach ‘em what they need to learn. “
Get away from the pretenses that are holding you back. Nothing stands in my way like I do. Nothing holds you back like you do.
” Dirty hands ain’t made for shakin’, ain’t a rule that ain’t worth breakin’. “
Don’t keep putting yourself in the company of those that drag you down with their negativity and sour attitudes. Don’t worry about the tired, old ways you’ve always been told to do things. Find a new way. Find new friends who’ll let you grow and help you in doing so.
” Now I don’t hate the one who left, you can’t hate someone who’s dead. “
When you change your habits, you’ll lose some “friends”. Don’t hate ‘em. Don’t preach to them. Go about your business in a professional manner and let them see the changes and maybe they’ll want to be like the new you, want some of what you’ve got. If not, don’t hate ‘em, just allow them some room and see if they choose to come along or go their seperate way.
If you like country music, or want to sample some hard-driving beats, some great lyrics and some life lessons on the cheap, go spend about $12 or so on this CD and give it a try.
There’s upbeat country, twangy country, drivin’ country and a little bit of pure Texas on this thang and I highly encourage you to try it … but I ain’t about to go thru the trouble of getting an Amazon affiliate link for the pennies it would pay, so you’re on your own finding it.
Fight !
Another old story comes to mind about a man who was up against difficulties and didn’t give in.
Many years ago, the cash register king, John H. Patterson was up against many problems… patent infringements, legal difficulties, labor disputes, competition up his wazoo - lots of annoying things.
He called in a hired gun. One old Civil War era lawyer known to be a bit harsh, shall we say. An ass, more or less. Known for straight forward, simple advice that cut to the bone. My kinda guy.
They put the facts down on paper and kind of brainstormed their way thru all the facts and figures.
Then the old warhorse gave Mr. Patterson a bill for $10,000 and put his advice on paper - one, single, solitary word was his advice - FIGHT !
Mr. Patterson never forgot the word, the bill or the feeling he got when he had to pay $10,000 for a single, solitary word of advice. So he fought. He fought hard. He fought everybody and everything that crossed his path. And he won more than his share of those fights.
And it made him a success.
When I meet a salesman, I check his fight. If he has none, I condemn him, in my mind, to loserdom.
If a salesman has no fight, what the hell will he do when competitors go after his customers ?
If he has no fight, what will he do when the market isn’t throwing customers at him ?
It’s said that fate is on the side of a fighter. I believe that with all I have inside of me.
If you won’t quit, fate has no choice but to reward you eventually.
We’ve all read the stories of men down to their last dime, sleeping on the floor, nothing to eat for days at a time. Somehow, someway, when you keep fighting against all odds, you find a way or someone steps up to help at just the right time. Just when you need it.
One note of caution here - this doesn’t mean you can fight with your coworkers or customers … just conditions.
10 Post Ideas For Middle-Aged Executives Who Blog
Since I was challenged by Starbucker, a frequent commenter here at Simplenomics, to create this post, I’m going to do my best to come up with some meaningful post ideas and hope to not embarrass myself.
1) If I Had Known I Would Live This Long I Would Have …
Taken better care of my body from 18 to 30 ! I was awfully hard on this old skin and would have been a bit less abusive had I known how hard rolling out of bed each morning would be.
2) I Love My Job And Here’s How I Got To This Point …
The Providential Hand of God is all I can come up with, as I’m way too blessed to have done it myself.
3) The Best Advice I Ever Got Was …
Work hard and leave the results to God. He keeps score, you just keep scorin’ !
4) The Best Advice I Ever Gave Was …
Don’t get your honey where you get your money !
5) If I Could Change One Thing In My Past It Would Be …
The time I wasted in front of the television before I figured out it was keeping me from achieving my dreams.
6) The 10 Best Years Of My Life So Far Have Been …
The last 10 ! I’m 43 and am looking forward to the next 10 even more !
7) The Thing I Look Forward To The Most Is …
Waking up and seeing what’s in store for me each day. when you’re as blessed as I am, you never know just what good fortune awaits you each day.
The Best Skill I Ever Learned Was …
Reading ! Words are the keys to the vault. All you have to do is use the right ones in the right places.
9) The One Skill I Didn’t Learn And Now It Haunts Me Is …
Typing ! I thought the boys that took typing were sissies. Bad decision and I pay for it each day.
10) The Best Manager I Ever Met Was …
Still haven’t met him/her yet. I’ve met some good one’s, but there’s still a great one out there somewhere.
Now, I sped thru those, but YOU have to do a whole post on one topic and go in depth.
Or, maybe a bunch of you will just speed thru them like I did and we’ll see this go wide and deep.
Don’t forget to use a Trackback or a link to the original post …this one !
