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Helping a company launch an affiliate program for a natural product - considerations?

by rosecreative
6 replies
I'm in the process of developing a digital marketing strategy for a company that sells a fairly popular, highly rated natural supplement. They would like to consider creating an affiliate program for their product(s), however, they are concerned about government regulations and policies - and rightly so, as they are limited on what they can and can't say when marketing themselves. To note: this company has many, many positive reviews that talk about healing properties that they (i.e. company) are not able to state themselves.

If an affiliate program was launched and xyz affiliate writes a positive review, his/her personal experience, would the company be liable for those claims because they are compensating them? In other words, do affiliates have to abide by the same rules and regulations that the company must abide to?

Thanks for your help!
#affiliate #company #considerations #helping #launch #natural #product #program
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  • Profile picture of the author maxsi
    You can leverage the affiliate program by pointing to a single person ( for example you talk about yourself and the positive impact of the products to you)

    you can point the affiliate program to the positive benefits of ingredients without mentioning the main company
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  • Profile picture of the author Gambino
    No offense, but the opinions of random people from an internet marketing forum won't help much should you and/or the company get sued. You/the company should consult with a legal professional who can actually advise you on your liabilities when it comes to affiliates.
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    • Profile picture of the author rosecreative
      Originally Posted by Gambino View Post

      No offense, but the opinions of random people from an internet marketing forum won't help much should you and/or the company get sued. You/the company should consult with a legal professional who can actually advise you on your liabilities when it comes to affiliates.
      I'm just curious as to what others have experienced Gambino I'm not drafting up a proposal based upon the opinions here. We are just in the exploration stage - brainstorming ideas. If it's something they decide to move forward with, they will have their legal and compliance team review everything. Thanks!
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  • Profile picture of the author Chris-
    Affiliates have to abide by the FTC rules, such as a suitable affiliate declaration saying that they might be paid, etc.

    Chris
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    • Profile picture of the author rosecreative
      Originally Posted by Chris- View Post

      Affiliates have to abide by the FTC rules, such as a suitable affiliate declaration saying that they might be paid, etc.

      Chris
      Thanks Chris. In this case, I'm fairly certain affiliates would have to abide by both FTC regulations and FDA regulations as it is a supplement in which marketing lingo cannot state or even lean towards claims. I've seen affiliate programs where FDA guidelines are clearly not being followed - but this company wants to make sure that they are.

      I'm thinking that creating a private network, where affiliate activity can be monitored could* work. This coupled with proper compliance and legal docs is what I'm feeling might be best suited for their business. Still feeling things out in regards to affiliates vs. brand ambassadors.
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  • Profile picture of the author IGotMine
    I'm thinking that creating a private network, where affiliate activity can be monitored could* work.
    Shortly after the FTC guidelines came into effect I got an email from an AM that said if I didn't bring my site into compliance within 30 days my links would stop working.

    You decide who promotes and how your products are promoted.
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