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Monday, June 6, 2011

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Kikabink News: Internet Marketer Fined For Testimonials By Fans


Kikabink News - Internet Marketing News and Comment

June 6, 2011

In This Issue: 

News and Comment: Yahoo! is Top U.S. Web Property for April 2011
  Social Media Ad Spending to Hit $8.3 Billion in 2015
Feature Article: Allergy Company Fined For False Testimonials
Made By Social Network Fans and Followers
Kikabink Lab: Four Things EVERY Online Ad Must Do
   

* NEWS AND COMMENT *

Yahoo! is Top U.S. Web Property for April 2011

Yahoo! was the most popular web property in April 2011, according to comScore's report of the top 50 U.S. online properties. Yahoo! sites attracted 187.4 million visitors in April, followed by Microsoft sites with 178.9 million and Google sites with 175.9 million.

Fast growing sites included Netflix.com, which ranked #36 overall with 28.6 million visitors and CareerBuilder LLC debuting on the list at #43 with 24.9 million visitors.

The top 50 U.S. sites in April 2011 were as follows:

Total Audience: 214,467,000

  1. Yahoo! Sites: 187,408,000
  2. Microsoft Sites 178,862,000
  3. Google Sites 175,881,000
  4. Facebook.com 154,055,000
  5. AOL, Inc. 114,319,000
  6. Turner Digital 95,780,000
  7. Ask Network 94,385,000
  8. Amazon Sites 91,548,000
  9. Glam Media 86,058,000
  10. Viacom Digital 84,117,000
  11. CBS Interactive 80,250,000
  12. Demand Media 69,709,000
  13. Wikimedia Foundation 69,235,000
  14. Apple Inc. 67,695,000
  15. New York Times Digital 63,607,000
  16. eBay 63,060,000
  17. VEVO 58,144,000
  18. Answers.com Sites 55,010,000
  19. Fox Interactive Media 54,428,000
  20. Comcast Corporation 48,663,000
  21. craigslist, inc. 48,425,000
  22. Gannett Sites 42,265,000
  23. Technorati Media 41,048,000
  24. ESPN 40,318,000
  25. Weather Channel, The 40,297,000
  26. Federated Media 39,171,000
  27. NetShelter Tech Media 38,724,000
  28. Tribune Interactive 34,065,000
  29. Adobe Sites 32,678,000
  30. Wal-Mart 32,108,000
  31. LinkedIn.com 31,282,000
  32. Break Media Network 30,122,000
  33. Superpages.com Network 29,742,000
  34. Yelp.com 29,344,000
  35. AT&T Interactive 28,637,000
  36. Netflix.com 28,574,000
  37. WeatherBug Property 28,515,000
  38. iVillage.com 28,463,000
  39. Scripps Networks 27,351,000
  40. Everyday Health 27,128,000
  41. WordPress 27,095,000
  42. NBC Universal 26,400,000
  43. CareerBuilder LLC 24,880,000
  44. Fox News Digital 24,764,000
  45. Twitter.com 24,483,000
  46. Disney Online 24,436,000
  47. ToneFuse Music 24,382,000
  48. Discovery Digital Media 24,242,000
  49. Photobucket.com LLC 23,997,000
  50. Buzzmedia 23,410,000

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Social Media Ad Spending to Hit $8.3 Billion in 2015

Social media advertising revenues will soar from $2.1 billion in 2010 to $8.3 billion in 2015, growing by a compounded 31.6 percent per annum, according to BIA/Kelsey.

BIA/Kelsey, which defines social media advertising as advertising on social networks, reckons display advertising alone will grow from $2.1 billion in 2010 to $7.7 billion in 2015 (CAGR: 30.4 percent).

While advertising spending on non-display ad formats - such as Twitter's Promoted Tweets - are currently minimal at present, non-display advertising on social networks will rise from zero in 2010 to $600 million in 2015 (CAGR: 65 percent).

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* FEATURE ARTICLE *

Allergy Company Fined For False Testimonials Made By Social Network Fans and Followers

Are you liable if your Facebook fans, Twitter followers or others post flattering but misleading testimonials about your products or services on social networking sites? The answer is 'yes' for at least one Internet marketing firm – Australian company, Allergy Pathway Pty Ltd.

The Australian Federal Court recently ordered Allergy Pathway Pty Ltd (formerly 'Advanced Allergy Elimination') and its director, Paul Keir, to each pay AUD $7,500 in fines for allowing false, misleading and deceptive testimonials about the company's allergy treatments to stay on its website and on third party websites, including Facebook.

In August 2009, the Australian Competition and Consumer Commission (ACCC) successfully sued Allergy Pathway Pty Ltd and Paul Keir for false, misleading and deceptive conduct. Mr Keir consequently promised the Federal Court that he and his company would refrain from making any further misleading representations about the allergy products.

In allowing misleading testimonials from clients to appear on the Allergy Pathway website, its Facebook Wall and elsewhere, Keir and his company effectively breached this promise to the court.

As well as paying fines, the Federal Court ordered Keir and Allergy Pathway to pay the ACCC's legal costs, publish corrective advertising, and not to engage in further misleading and deceptive conduct.

Based on this case, it seems that Internet marketers are not just liable for what they say, but also for what their fans and followers say.

In other words, you may need to proactively review any testimonials made about your products and services - whether on your website or on social networks and discussion boards - to ensure they don't mislead or deceive anyone.

But how practical is this for, say, Internet marketers and companies with huge followings? How can an Internet marketer control what someone says on their own Facebook page or Twitter stream?

An Internet marketer *may* be able to remove certain content from their Facebook Wall, but someone with thousands of Twitter followers may find it almost impossible trying to weed out comments published in a high volume Twitter stream...

And what about postings made in a discussion board or forum controlled by someone who is unable - or refuses - to remove those postings?

Or what if the misleading testimonials are made by - or on behalf of - rogue affiliate marketers?

Presumably, regulators and courts will only deem Internet marketers liable for misleading statements they have the power to remove. We can only hope...

Of course, what Internet marketers CAN do from the outset is to always be honest and truthful and to encourage the same among their affiliates (and enforce this if necessary). Ideally, this will go a long way to avoiding lawsuits in the first place.

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* KIKABINK LAB *

Four Things EVERY Online Ad Must Do

Dr Ralph Wilson, writing in Web Marketing Today, says it well: there are four functions that EVERY online ad must perform in order to get a click- through. They are to:

  1. Attract interest
  2. Present the offer
  3. Select the audience
  4. Get the click-through

I would rearrange the list slightly - I think the ad should select or qualify the audience before presenting the offer. After all, the merits of your super-duper offer will likely fall on deaf ears unless your audience has a natural interest in the problem or desire addressed by that offer in the first place.

Having said that, the confines of many online ads are such that, technically speaking, you may well qualify your audience when or after you present your offer. Plus, if you have chosen your media appropriately, you will ideally, be directing your ad to an audience that is already qualified to some extent.

For example, if you have an offer that would appeal to Internet marketers, you'd be wise to run your ad in an Internet marketing newsletter like Kikabink News since it's squarely aimed at Internet marketers.

On the other hand, if you were specifically directing your ad to Internet marketers who run home based businesses, you might qualify your audience with a headline such as "Discover The Secrets of Successful Home Based Internet Marketers..."

All in all, though, as Dr Wilson emphasizes in his article, your ad must do ALL four things to get the click-through. So when it comes to evaluating your ad before it goes live... ask yourself whether it really is doing each of those four things.

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Source: Dr. Ralph F. Wilson, "4 Tasks Your Internet Ad Absolutely Must Accomplish", Web Marketing Today, http://www.wilsonweb.com/advertising/ad-tasks.htm

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That's it for now. If you have any questions or feedback click here to drop me a line.

To your profit,

Anna Johnson

Anna Johnson
Editor, Kikabink News
Kikabink News
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