FTC's new rules that affect Internet marketers and affiliate marketers.

6 replies
I've subscribed to Ewen Chia's mailing list and recently he sent a pdf about Internet marketing predictions for 2010. I thought yall might wanna read it. (attached).

I wanna bring your attention to pages 8, 9 and 10. He mentions there are new FTC rules that affect Internet marketers and affiliate marketers (especially testimonials on promo pages). I'll quote some.

Page 8 says
"if you get paid commission, or if you got a freebie in exchange for recommending a product, then you'd better openly disclose that connection to your readers or you could face an FTC fine."

page 9 and 10
"Another issue centers on affiliate products. If you're promoting someone else's product, you could be held liable for the product owner's non-compliance with the new FTC rules regarding testimonials. And furthermore, if you have affiliates selling your products, and they aren't in compliance in their own sales pages and websites, you could be held liable, right along with them."

I'm not sure I understand the whole thing. As page 8 says, does it mean that I have to let my list know that my affiliate link is embedded? Do I have to tell the world that I got a commission because so-and-so bought the merchant's product?

Regarding the other issue (as an affiliate), does it mean I have to check with the product owner that his testimonials and sales page comply with the rules? And when I in turn have my own affiliates, does it mean I have to let them know about this issue?

As an affiliate, I don't use testimonials. But the products I promote usually have testimonials, so that is a cause for concern.

Any thoughts?
#affect #affiliate #ftc #internet #marketers #rules
  • Profile picture of the author peter_act
    I don't think the average IM er has anything to worry about.

    At our level the rule would be impossible to enforce to the letter - if they asked one person whether he gave an incentive to get a testimonial he would just say "No"
    The guy that gave the testimonial will say the same thing.
    Who's to prove any different?

    How can you possibly be held accountable for someone else's actions, like the owner of the product for which you are an affiliate?

    I'm sure that this legislation is squarely aimed at the people who make outrageous claims, like hair restorer companies, or oral erectile dysfunctional cures that take gullible people for millions.
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    • Profile picture of the author kendrickyi
      Originally Posted by peter_act View Post

      I don't think the average IM er has anything to worry about.

      At our level the rule would be impossible to enforce to the letter - if they asked one person whether he gave an incentive to get a testimonial he would just say "No"
      The guy that gave the testimonial will say the same thing.
      Who's to prove any different?

      How can you possibly be held accountable for someone else's actions, like the owner of the product for which you are an affiliate?

      I'm sure that this legislation is squarely aimed at the people who make outrageous claims, like hair restorer companies, or oral erectile dysfunctional cures that take gullible people for millions.
      Hmm yeah. There is a part in the pdf that talks about claims in headlines such as "lose 20 pounds in 2 weeks" but the seller can't use this as the headline if it is not a typical result for everyone who buys the product.

      But he did mention that there are some testimonials that have an asterisk and the fine print below them that say "results not typical". So I guess I need to make sure I choose the right merchants to promote.
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  • Profile picture of the author BIG Mike
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    • Profile picture of the author kendrickyi
      Originally Posted by BIG Mike View Post

      Two comments - firstly, this issue has been discussed to death on here already, so do a forum search to see what else has already been discussed about it.

      Secondly, I didn't open the PDF, but are you certain it was Ok with Ewen to post it here?
      The pdf says I have free giveaway rights to pass this ebook to anyone who may benefit from it.

      I did a search on FTC and found no results so I posted this thread. I'll search again.
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  • Profile picture of the author healthlabs
    So many people have been scammed with the free trials and the " as recommended oprah" that the FTC had to do something to show that they were looking out for the consumer as almost all free trails hid the T&C and made it really hard to cancel the monthly billing for the product. The fake testimonials and flogs get lumped into this same category.
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  • Profile picture of the author gautam42
    thanks Kendrikyi for the pdf & post.
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