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Re: A deleted message

Wednesday, 07/18/2012 12:16:24 AM

Wednesday, July 18, 2012 12:16:24 AM

Post# of 21198
Advertise?

Has anyone ever seen a valid third party report that states the Identa products actually do what they say?? And I don't mean some amatuerish verbiage in a PR.

Maybe this is why you never see any advertising by Identa, or maybe why products never show up in retail outlets.

http://www.wlf.org/publishing/publication_detail.asp?id=2123

"It's not just consumers who shouldn't believe everything they are told. In a growing trend, retailers have been legally pursued for republishing false or misleading advertising claims provided to them by the manufacturers of the products in their stores. As such, retailers that rely solely on product manufacturers for advertising content may find themselves exposed to legal liability when those advertising claims are challenged as false or misleading."

and ...

"One way retailers can protect themselves from the risks outlined above is by ensuring that any agreements to sell third party products or services contain representations and warranties with respect to the accuracy of all claims provided by product manufacturers. The agreements should also include indemnification provisions for any breach of the stated representations and warranties or any violation of the rights of a third party. However, while this helps to reduce some of the risk to retailers, some small business product manufacturers may not have the resources to fulfill their indemnification obligations in the event of a lawsuit. In such case, it would also be helpful for retailers to require product manufacturers to obtain and add the retailer to insurance policies so that they can ensure compliance with terms of the indemnifications; however, this may not always be feasible from a business perspective. In addition, while contractual provisions may provide a retailer protection from monetary damages in a lawsuit, they are not likely to insulate a retailer from regulatory actions."