Affiliate Disclosure Tips

9 replies
Hello,

There seems to be too much confusion regarding the new FTC rules and affiliate marketing.

I was wondering if anyone could advise me as to whether or not I have to disclose that my links are affiliate links on any page they exist on, or just my homepage, or is the FTC ok with a separate page that has the disclosures i.e. a Disclaimer page without the need to put the disclosure anywhere else.

Thanks!
#affiliate #disclosure #tips
  • Profile picture of the author psresearch
    You might want to watch this - straight from the horses mouth, so to speak:
    Q&A With FTC Re: Bloggers, Affiliates, Advertisers & More
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    • Profile picture of the author inneraction
      Originally Posted by markquinn View Post

      You might want to watch this - straight from the horses mouth, so to speak:
      Q&A With FTC Re: Bloggers, Affiliates, Advertisers & More
      Thanks for that link. A while back I listened to a little bit of that interview but now listened to more. I am still confused though. The FTC guy seems to say that you really are supposed to have an affiliate disclosure more or less next to every affiliate link i.e. just below or after the link it should say "affiliate link". That is going to ruin affiliate marketing. What I am seeing is that many people just put a general statement such as the one Crew Chief suggested, but usually it is a little shorter for pages that are not the actual disclosure page. For example, something along the lines of:

      "We want you as a visitor to understand that in most, if not in all instances, we receive a commission on the sale of products or services generated by this site."

      I don't see why this wouldn't cover off what the FTC wants if it is clearly shown on the side or top so that it is clear to consumers. Putting a statement next to each link is idiotic because it will automatically make people defensive not to mention make the i.e. review look less cosmetically pleasing.

      Just my thoughts. Appreciate the suggestions so far!
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      • Profile picture of the author Crew Chief
        Originally Posted by inneraction View Post

        Thanks for that link. A while back I listened to a little bit of that interview but now listened to more. I am still confused though. The FTC guy seems to say that you really are supposed to have an affiliate disclosure more or less next to every affiliate link i.e. just below or after the link it should say "affiliate link". That is going to ruin affiliate marketing. What I am seeing is that many people just put a general statement such as the one Crew Chief suggested, but usually it is a little shorter for pages that are not the actual disclosure page. For example, something along the lines of:

        "We want you as a visitor to understand that in most, if not in all instances, we receive a commission on the sale of products or services generated by this site."

        I don't see why this wouldn't cover off what the FTC wants if it is clearly shown on the side or top so that it is clear to consumers. Putting a statement next to each link is idiotic because it will automatically make people defensive not to mention make the i.e. review look less cosmetically pleasing.

        Just my thoughts. Appreciate the suggestions so far!
        I don't know who or what FTC guy you were listening to but I read the FTC guidelines and as long as you post the disclaimer on your site and are not running or participating in any Internet Marketing scams, you are in line with the new FTC guidelines.

        Giles, the Crew Chief
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        • Profile picture of the author psresearch
          Originally Posted by Crew Chief View Post

          I don't know who or what FTC guy you were listening to but I read the FTC guidelines and as long as you post the disclaimer on your site and are not running or participating in any Internet Marketing scams, you are in line with the new FTC guidelines.

          Giles, the Crew Chief
          He was listening to Richard Cleland of the Bureau of Consumer Protection at the FTC being interviewed by Jim Edwards.

          But you're right. Some of the new and popular disclosure policies developed by internet attorneys don't seem to follow that model.

          I would guess those attorneys who developed those disclosures are basing them on the idea that the FTC just wants disclosures to be clear and conspicuous (i.e., not hidden on a link at the bottom, etc). Every link does seem to be pretty silly.

          I just put "available at the sitename store" on my reviews with a link to the product in the store area and then any link in the review goes to the store - unless they're already in the store and it's obvious they're in the store.
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  • Profile picture of the author Crew Chief
    Originally Posted by inneraction View Post

    Hello,

    There seems to be too much confusion regarding the new FTC rules and affiliate marketing.

    I was wondering if anyone could advise me as to whether or not I have to disclose that my links are affiliate links on any page they exist on, or just my homepage, or is the FTC ok with a separate page that has the disclosures i.e. a Disclaimer page without the need to put the disclosure anywhere else.

    Thanks!
    Here are the new FTC Guidelines in a nutshell: Legal Disclosures | Get Blog Help

    You can also read the actual FTC 81 page document concerning the matter at: http://ftc.gov/os/2009/10/091005endo...esfnnotice.pdf.

    In summation, if you are not running IM scams or an affiliate of those who are, you're OK!

    The FTC is not going to be fining sites that don't have disclosures. That being said, a simple disclosure along these lines will suffice.

    FTC Compliance Policy
    The owners of this site have the full intention to be compliant with the Federal Trade Commission rules about the use of testimonials and endorsements in advertising and marketing. Accordingly, we want you as a visitor to understand that in most, if not in all instances, we receive a commission on the sale of products or services generated by this site.
    Giles, the Crew Chief
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    • Profile picture of the author tpw
      Originally Posted by Crew Chief View Post

      In summation, if you are not running IM scams or an affiliate of those who are, you're OK!

      The FTC is not going to be fining sites that don't have disclosures. That being said, a simple disclosure along these lines will suffice.
      After this came up originally, I looked at all of the information and decided that within my operating practices, I was in good shape.

      However, just to be safe, I threw a small blurb at the bottom of many pages that says in effect, "Not all links provided on this site are links from which I could earn revenue. However, you should assume that all links on my site will enable me to earn revenue in one fashion or another."
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      • Profile picture of the author Crew Chief
        Originally Posted by markquinn View Post

        He was listening to Richard Cleland of the Bureau of Consumer Protection at the FTC being interviewed by Jim Edwards.

        But you're right. Some of the new and popular disclosure policies developed by internet attorneys don't seem to follow that model.

        I would guess those attorneys who developed those disclosures are basing them on the idea that the FTC just wants disclosures to be clear and conspicuous (i.e., not hidden on a link at the bottom, etc). Every link does seem to be pretty silly.

        I just put "available at the sitename store" on my reviews with a link to the product in the store area and then any link in the review goes to the store - unless they're already in the store and it's obvious they're in the store.

        Thanks Mark, out of curiosty, I'll see if I can't track down that interview. But putting that disclosure on every link is definitely overkill. Just think if Amazon placed a link on every product stating they were making a commission...


        Originally Posted by tpw View Post

        After this came up originally, I looked at all of the information and decided that within my operating practices, I was in good shape.

        However, just to be safe, I threw a small blurb at the bottom of many pages that says in effect, "Not all links provided on this site are links from which I could earn revenue. However, you should assume that all links on my site will enable me to earn revenue in one fashion or another."
        I've seen people do that, probably more so in the MMO niche. However, all their getting from me are these standard links...

        Privacy Policy | Contact Us | FTC Compliance | About Us

        Giles, the Crew Chief
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  • Profile picture of the author Frank Ayres
    Does this apply to people outside of the USA as well?
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    • Profile picture of the author Crew Chief
      Originally Posted by SpudDS View Post

      Does this apply to people outside of the USA as well?

      The strong arm of the FTC Federal Trade Commission extends to at least 28 other countries who have adopted the FTC guidelines. Here's the document: http://www.ftc.gov/bcp/edu/pubs/busi...rts/alt067.pdf

      That came up in our group discussions because some marketers felt like they could set up a server/business overseas and be beyond the reach the our big brother government, NOT!

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