I want to start an affiliate that is different from other affiliate programs and I won’t be hiring affiliate networks like commission junction, I will be starting my own from scratch so I have a few questions.
Can I Give my affiliates printed material (Business cards, flyers, post cards, envelopes, letter heads, email address etc) or will that give my business a "physical presence" effectively allowing states to tax my business?

Will an affiliate program still be considered an affiliate program under law if I have a set limit on affiliates per area?

I would also like to give my top affiliates holiday bonuses or some kind of reward. If I do that will my affiliate program still be considered an affiliate program under the law

For branding purposes I would also like to give them some kind of affiliate id to make prospects feel more secure and at the same time give my affiliates credibility. If I do that will my affiliate program still be considered an affiliate program under the law?

If my affiliates break any FTC advertising and promotion Laws will my business be liable for it?

Would it be better to create a separate legal entity my affiliate program ?

Kind Regards

No matter what you hear from us, you should not depend on anything being correct without checking an appropriate lawyer (that might be difficult to find even) in your state. Every state has different laws.

To illustrate, one of our members in just the last few days made a post detailing the fact that Amazon was discontinuing affiliate sales and canceling contracts in their whole state because of pending laws there.

If you want to get into this business you are asking the right questions, but it is always important to get advice from the right source—one that know the facts you need to know.

__________________
Good Success!

Douglas County Master Gardeners
"We don't always get what we want, but we always get what we expect."

And what is the "Affiliate that is different from other affiliate programs..." if I may ask?

Hello Bob

Well when I say different maybe I jumped the gun or maybe not, what I’m saying is I haven’t seen affiliate programs like mine. 1 affiliate member per city/town so far my plans only include 120 affiliate members. Also if legally possible provide support to my affiliates like Business cards, letterheads, email account, affiliate ID card, Co-op advertising, Private forum, Holiday Bonuses etc but like I said I’m still doing research to find out what’s legally possible.