Haftungsfragen beim Affiliate-Marketing

In affiliate marketing, an affiliate partner advertises products or services of an internet merchant. These parties are regularly brought together by an affiliate network which additionally takes on organisational tasks. The author first examines the legal limits of competition and trademark law that need to be observed in the implementation of affiliate marketing. Besides the general legal limits of advertising, he examines the admissibility of typical online advertising measures such as the integration of advertising material, keyword advertising and search engine optimisation. What follows is a legal examination of the requirements competition and trademark law stipulates for the allocation of blame for right-infringing behaviour by the affiliate or the advertiser.
The author evaluates case law and literature comprehensively and develops a guideline for apportioning blame for behaviour which infringes those rights in the context of affiliate marketing.