I am an affiliate sole proprietor from India marketing worldwide including USA. I have chosen the sole proprietor format in India as we only have an LLP (limited liability partnership no LLC) I want clarity on the following points after reading the legal forum here: If someone decided to sue me in USA or any other country like Canada....UK......, related to Can-spam....can i have TOS put in where the case needs to be filed in India? Will such a condition hold? Am i making a major compromise by running as a sole proprietorship which has unlimited liability should i get a partner & file a LLP here in India to protect my personal assts against any such cases from usa...canada..uk.? Do i also need to consider insuring my business here in India, against litigation's from international clients as a practice? Cheers
Well we can't really give expert legal advice, you need a lawyer to be sure, but my "opinion" is that since you are doing business in the US for example, and if the issue was raised from a US resident, regarding the US Can Spam Act, it would be filed here regardless of what your TOS said. However, they would have to file an international lawsuit against you since you aren't located here, or they could also try to sue the affiliate network that you promoted instead who would hold your payments. I know nothing, at all, about Indian law however, but in any place you want to shield yourself however you can and never do anything with any risk in your own name. You also want to follow all laws just like a US citizen would to not lose the ability to do business here.
Best legal advice you'll ever get - right here - "Do shit legally and you won't have anything to worry about" :shakehands:
Ok bro - while I can appreciate you trying to get information about remaining legal - my boy afcpmc CLEARLY said he can't give legal advice - please don't keep asking him or members here for it. All you're going to get is a very wide variety of opinions - and while some will be educated opinions - they are still nothing more than opinions. Do yourself a favor and consult with an attorney in your country experienced in internet law. We all want you to be legal - abide by US Can-Spam - follow network guide lines - use clean data - and you should be fine. :flowers:
Corrected this for you. Even if you comply with all the laws you still have to worry about international vigilante gangs that could not care less about any laws.
