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Anyone familiar with the law regarding affiliate programs?

by davidhorph
10 replies
Hello...

I've seen some marketers put notes on the bottom of their e-mails whenever they promote affiliate products that mention in some way or form that if I click on the link, it will take them to an affiliate page and if I decide to buy, they will be compensated (one marketer uses a humorous approach in saying this ).

Is this a law?

What if you have affiliate links inside an e-book you create or your Facebook fan page or even if you promote affiliate products via Facebook ads? What if you create one of those Amazon affiliate stores? Do you have to mention that you will get paid if they purchase for these places, also?

Thanks.
#affiliate #familiar #law #programs
  • Profile picture of the author iam8iam
    You might want to read this:

    Federal Trade Commission, March 2013, ".com Disclosures", How to Make Effective Disclosures in Digital Advertising


    https://www.ftc.gov/sites/default/fi...isclosures.pdf
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    • Profile picture of the author LillyR
      Countries and governments around the world are beginning to crackdown on this but overall its still pretty much the wild west in terms of legalities.

      Its interesting, that I see the United States and other western nations starting to implement further restrictions and stricter requirements for companies and individuals conducting internet business. I also project country's such as China and other eastern nations becoming more liberal as time goes on.
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  • Profile picture of the author EPoltrack77
    no you don't have to say that. Believe it or not but telling your subscribers this will help with trust and they will be more inclined to click your links.

    I haven't gotten sued yet! I have my spam act in my emails set up but besides that I believe you are good to go.
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    • Profile picture of the author Jack Gordon
      Originally Posted by davidhorph View Post

      Is this a law?
      Originally Posted by EPoltrack77 View Post

      no you don't have to say that.
      This is why you should not ask legal questions in a marketing forum.

      Unless, of course Epoltrack77 plans to fund your defense when the FTC comes calling with legal papers...

      Will you get sued? Probably not, if you do not do anything egregious and stay small enough to keep under the radar.

      But is it illegal? For Pete's sake, pay a lawyer to help you work out your legal strategies. Doing it here is outrageously stupid and risky.
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  • Profile picture of the author Robert999
    Originally Posted by davidhorph View Post

    Hello...

    I've seen some marketers put notes on the bottom of their e-mails whenever they promote affiliate products that mention in some way or form that if I click on the link, it will take them to an affiliate page and if I decide to buy, they will be compensated (one marketer uses a humorous approach in saying this ).

    Is this a law?

    What if you have affiliate links inside an e-book you create or your Facebook fan page or even if you promote affiliate products via Facebook ads? What if you create one of those Amazon affiliate stores? Do you have to mention that you will get paid if they purchase for these places, also?

    Thanks.
    Yes according to law you need to mentiond Affiliat disclaimer text within your books, on your websites, and emails if you are referring to some affiliate products. You also need to add earning disclaimer if you are telling them that how much can they earn from your product or service.
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  • Profile picture of the author MsHeart
    From what I know, it is the law in the UK and maybe in some other countries, but not some worldwide law. So it really depends who your buyers are.
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  • Profile picture of the author talfighel
    I don't know that law in your area but all I can say that when you add something like:

    Please note: When you decide to buy from the link above, I will get a commission. I am an affiliate of this offer.

    Adding this to your website and your newsletter, will protect you and is probably required.

    Whether you have to do this or not, it will take you a few minutes to add this to your website/newsletter.
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    • Profile picture of the author rhinocl
      You really shouldn't need a lawyer to help you decide whether you need these disclaimers. Let's see, the FTC site says you need a disclaimer. Some poster here says there is no law that requires one. If it takes you more than 5 minutes to decide which one of them to listen to, you should probably get out of internet marketing and do something else.
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  • Profile picture of the author Brent Stangel
    outrageously stupid and risky.
    Sounds like 95% of the "business" ideas I see posted here.
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    • Profile picture of the author Jack Gordon
      Originally Posted by Brent Stangel View Post

      Sounds like 95% of the "business" ideas I see posted here.
      Good reason too... 95% of internet marketers have no idea how to run a business. They are flying by the seats of their pants, plunging into areas they know nothing about and potentially risking everything because of it.

      If they had to put some real skin in the game to get started down this path, things would be very different.
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