How do you comply with the FTC affiliate link law?

by donhx
26 replies
Here is what I have been putting on my web sites to comply with the law, but it seems like too much for emails and wonder what options others might be using.

Also, have you heard of anyone who has been contacted by the US Federal Trade Commission for not complying?


Disclosure of Material Connection: Some products and services mentioned on this site may have been provided at no cost by suppliers seeking endorsements or testimonials. Also, some of the links in the posts on this site are “affiliate links” which means we receive a commission when you make purchases. This is disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
#affiliate #comply #ftc #law #link
  • Profile picture of the author Alexandre Valois
    Originally Posted by donhx View Post

    Here is what I have been putting on my web sites to comply with the law, but it seems like too much for emails and wonder what options others might be using.

    Also, have you heard of anyone who has been contacted by the US Federal Trade Commission for not complying?


    Disclosure of Material Connection: Some products and services mentioned on this site may have been provided at no cost by suppliers seeking endorsements or testimonials. Also, some of the links in the posts on this site are “affiliate links” which means we receive a commission when you make purchases. This is disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
    IANAL but from the way I understand it, if you include a disclaimer and terms of use link which covers this on your optin page, letting subscribers know the e-mails they receive may contain affiliate links, etc. then you're safe as far as FTC is concerned as signing up for the list, product or service becomes an automatic agreement of the disclaimers and terms...

    And no, "no one reads those anyway" is not a viable case in a legal battle. It's just a few lines of text to make sure your ass is covered, don't skimp on it, and get a lawyer to approve it for you to be on the safe side.
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    • Profile picture of the author donhx
      Originally Posted by Alexandre Valois View Post

      IANAL but from the way I understand it, if you include a disclaimer and terms of use link which covers this on your optin page, letting subscribers know the e-mails they receive may contain affiliate links, etc. then you're safe as far as FTC is concerned as signing up for the list, product or service becomes an automatic agreement of the disclaimers and terms...

      And no, "no one reads those anyway" is not a viable case in a legal battle. It's just a few lines of text to make sure your ass is covered, don't skimp on it, and get a lawyer to approve it for you to be on the safe side.

      Sure, this makes sense. There is a link on my web pages to the disclaimers, so a link to it in a promotional email containing affiliate links sounds right. No need to put disclaimers in the actual email. Something to confirm with an attorney.
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  • Profile picture of the author MichaelParsons
    I use this
    Earnings Disclosure

    MFParsons makes every effort to represent any of our products and their income potential, if applicable, accurately. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Do not interpret examples in these materials as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques in any business or online e-commerce.

    Some of our products are educational and represent no income opportunities whatsoever. We offer some products for sale through affiliate programs. Should you purchase an item through an affiliate program to which we subscribe, we will receive compensation for your purchase. We offer no express or implied guarantee or warranty regarding products purchased through one of our affiliate links.

    You may request verification of any claims made of actual earnings or examples of actual. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques, your finances, your knowledge and various skills. These factors differ between individuals; we neither guarantee your success (or income), nor are we responsible for any of your actions.

    Materials in any of our products and/or websites may contain information that includes, or has a basis in, forward-looking statements within the meaning of the Securities Litigation Reform Act Of 1995. Forward-looking statements give our expectations for forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

    Any forward-looking statements here or in any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and there are no guarantees that you will achieve results similar to ours or anyone else’s. In fact, you may not achieve any results from the ideas and techniques in our material. Use of the information and techniques is solely provided as education and we cannot be held responsible for your use thereof either on a direct or consequential basis.
    and this
    This blog is a personal blog written and edited by Michael Parsons.

    For questions about this blog, please contact

    **email**

    This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.

    The compensation received will never influence the content, topics or posts made in this blog. All advertising is in the form of advertisements generated by a third party ad network. Those advertisements are identified.

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    We have a financial interest in the following that are relevant to our blogging: SEO, Internet Marketing, Email Marketing, Social Media Marketing, and Social Network Marketing, All ways of legitimately improving your business’ internet exposure.

    There may be links in documents, downloads, or directly on this website to products or services for which the owner(s) of this blog may receive affiliate compensation in the form of cash or ‘site credit’.
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  • Profile picture of the author AMangones
    Three words: disclose, disclose, disclose...
    Easier is to somehow include the disclosure within the content, so people will know you're getting a commission once they purchase something.
    I've seen it done plenty of time and it doesn't hurt conversion.
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    • Profile picture of the author Alexa Smith
      Banned
      I think I don't have to "disclose" because I'm not in the US, and my money sites (at the moment) aren't hosted in the US, but I choose to do it anyway, because I think I actually sell more with it than without it.

      Here's one of mine ...

      I'm now proud to be an affiliate for <insert product-name>, which means that if you buy it through a link on this page, I'll earn a commission (without you paying a penny more, of course) which is money I spend, for example, on hosting and maintaining my websites and paying my bills.

      I do think it's worth clarifying expressly that people don't pay any more by buying through an affiliate, because I know (from chatting to people on my lists) that many who aren't used to it, or haven't heard of it, imagine the opposite.

      Don't take anything in this post as "lawyer-approved": it's just what I choose to do, myself and what I wrote myself.
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      • Profile picture of the author DireStraits
        Originally Posted by Alexa Smith View Post

        I'm now proud to be an affiliate for <insert product-name>, which means that if you buy it through a link on this page, I'll earn a commission (without you paying a penny more, of course) which is money I spend, for example, on hosting and maintaining my websites and paying my bills.
        Awww, c'mon - play the game, Alexa: let's have it word-for-word.

        I'm sure I'm not the only one here who's desperate to leverage Google for the perusal of your websites and niches.
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        • Profile picture of the author Caleb Spilchen
          Originally Posted by DireStraits View Post

          Awww, c'mon - play the game, Alexa: let's have it word-for-word.

          I'm sure I'm not the only one here who's desperate to leverage Google for the perusal of your websites and niches.
          That's the one that she uses in the site in her signature. Online Income Simplified reviewed...

          Online Income Simplified

          See here:


          I'm now proud to be an affiliate for The Affiliate Marketing Schoolbook, and that means that if you buy it through a link on this page, I'll earn a commission (without you paying a penny more, of course!) which is money I spend, for example, on hosting and maintaining my websites.
          Caleb
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          • Profile picture of the author DireStraits
            Originally Posted by Caleb Spilchen View Post

            That's the one that she uses in the site in her signature. Online Income Simplified reviewed...

            Online Income Simplified

            See here:



            Caleb
            Oh yeah, I've seen that one - just not the others!

            Anyhow, I was just kiddin'. I know she doesn't like to reveal her other sites/niches (can't blame her).

            Cheers.
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            • Profile picture of the author Alexa Smith
              Banned
              Originally Posted by Chris Kent View Post

              Eventually I will spot her writing style somewhere!
              LOL, happy hunting! One person from here has once found one of my pen-names at EZA and "recognised" me - and that's all (and that was in a strongly UK-oriented niche which wouldn't interest many people here anyway). I feel sure there are far more productive uses of your time and energy!
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              • Profile picture of the author Marc Rodill
                Originally Posted by DireStraits View Post

                Awww, c'mon - play the game, Alexa: let's have it word-for-word.

                I'm sure I'm not the only one here who's desperate to leverage Google for the perusal of your websites and niches.
                Originally Posted by Alexa Smith View Post

                LOL, happy hunting! One person from here has once found one of my pen-names at EZA and "recognised" me - and that's all (and that was in a strongly UK-oriented niche which wouldn't interest many people here anyway). I feel sure there are far more productive uses of your time and energy!
                Ha. Let's just say what she wrote is more than enough.

                But I'll play nice and leave you to your own devices. :confused:

                Isn't that right, Mrs. "M" and Mr. "B"?

                Edit: I thought you didn't promote squeeze pages? Weird.
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                • Profile picture of the author Alexa Smith
                  Banned
                  Originally Posted by Marc Rodill View Post

                  Ha. Let's just say what she wrote is more than enough.
                  But I'll play nice and leave you to your own devices. :confused:
                  Isn't that right, Mrs. "M" and Mr. "B"?
                  Edit: I thought you didn't promote squeeze pages? Weird.
                  I don't.

                  Many thanks for all the kind thoughts, but all the stuff that you've found (including also all the people who've kindly sent me private messages last night and today alerting me to the fact that I've given away my niches, stuff like "cheatingandhusbands.com", "ezinearticles.com/?expert=Rick_Purr", "freecellphonelookup.org" and "howtostopallpanicattacks.com" are actually completely mistaken. Though well-meaning, I do appreciate, and thanks for the messages.

                  None of that is mine (and in some cases, to be honest, I'm slightly offended and extremely surprised that anyone could have imagined it might be!! ).

                  Those are actually just people who have borrowed my "disclaimer wording". Contact them and see, if you want.
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              • Profile picture of the author Lee Wilson
                Originally Posted by Alexa Smith View Post

                LOL, happy hunting! One person from here has once found one of my pen-names at EZA and "recognised" me - and that's all (and that was in a strongly UK-oriented niche which wouldn't interest many people here anyway). I feel sure there are far more productive uses of your time and energy!
                Some of the best lessons in this stuff is tracking down others and reverse engineering their methods. I'm closing in on ya!
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                • Profile picture of the author Alexa Smith
                  Banned
                  Originally Posted by Lee Wilson View Post

                  I'm closing in on ya!
                  Read the post above, Lee. What you're closing in on is people who've taken my disclaimer wording. (It's been visible on one of my sites through my sig-file for many months!).
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                  • Profile picture of the author Lee Wilson
                    Originally Posted by Alexa Smith View Post

                    Read the post above, Lee. What you're closing in on is people who've taken my disclaimer wording. (It's been visible on one of my sites through my sig-file for many months!).
                    Na, I found most of them ages ago, they were obviously not you, and if they were, there was nothing to learn from them.
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                  • Profile picture of the author DireStraits
                    Originally Posted by Alexa Smith View Post

                    Read the post above, Lee. What you're closing in on is people who've taken my disclaimer wording. (It's been visible on one of my sites through my sig-file for many months!).
                    This is what I suspected, too (yeah, I did look, but not with any sort of malicious intent: I just wanted to make sure you weren't giving out your niches).

                    I know you're smarter than that, though. Sadly, others don't seem to be giving you as much credit, LOL.

                    Apologies for "triggering this off".
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                    • Profile picture of the author Alexa Smith
                      Banned
                      Originally Posted by DireStraits View Post

                      This is what I suspected, too (yeah, I did look, but not with any sort of malicious intent: I just wanted to make sure you weren't giving out your niches).

                      I know you're smarter than that, though. Sadly, others don't seem to be giving you as much credit, LOL.

                      Apologies for "triggering this off".
                      Noooo, no problem at all. It's been amusing (and only very briefly offending!) to see some of the sites that people imagined might be mine!

                      I did check before posting an example of my "wording" that the only site that could be found from it was the one already showing in my sig-file.
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                      • Profile picture of the author Caleb Spilchen
                        Originally Posted by Alexa Smith View Post

                        Noooo, no problem at all. It's been amusing (and only very briefly offending!) to see some of the sites that people imagined might be mine!

                        I did check before posting an example of my "wording" that the only site that could be found from it was the one already showing in my sig-file.
                        You are very secret... None of us will ever be able to find you unless, we spend all day long looking at ezine, and I think someone probably has

                        Caleb
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                        Caleb Spilchen

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                        • Profile picture of the author Alexa Smith
                          Banned
                          Originally Posted by Caleb Spilchen View Post

                          You are very secret...
                          Well, I do tend to go for low-competition, really long-tail keywords, because I like to rank right at the top and hate doing SEO: I don't want them all suddenly turning competitive.

                          Originally Posted by Caleb Spilchen View Post

                          None of us will ever be able to find you unless, we spend all day long looking at ezine, and I think someone probably has
                          One person once found one of mine, I think by coincidence rather than by trying. It's not worth it (and I know you wouldn't be that interested), anyway. Imagine how much you could make (especially in your case!) just doing a day's work instead.

                          There is actually an "Alexa M. Smith" (payday loans and stone fireplaces) at EZA, and there's a "Courtney Alexa Smith" (mobile marketing and SMS texting) too, but neither is me: I use pen-names for everything apart from this forum and a couple of others.
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                          • Profile picture of the author Caleb Spilchen
                            Originally Posted by Alexa Smith View Post

                            Well, I do tend to go for low-competition, really long-tail keywords, because I like to rank right at the top and hate doing SEO: I don't want them all suddenly turning competitive.



                            One person once found one of mine, I think by coincidence rather than by trying. It's not worth it (and I know you wouldn't be that interested), anyway. Imagine how much you could make (especially in your case!) just doing a day's work instead.

                            There is actually an "Alexa M. Smith" (payday loans and stone fireplaces) at EZA, and there's a "Courtney Alexa Smith" (mobile marketing and SMS texting) too, but neither is me: I use pen-names for everything apart from this forum and a couple of others.
                            I actually thought Courtney Alexa was you for a while, and then I thought that would probably be too obvious .

                            Caleb
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                            Caleb Spilchen

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                          • Profile picture of the author DireStraits
                            Originally Posted by Alexa Smith View Post

                            There is actually an "Alexa M. Smith" (payday loans and stone fireplaces) at EZA, and there's a "Courtney Alexa Smith" (mobile marketing and SMS texting) too, but neither is me: I use pen-names for everything apart from this forum and a couple of others.
                            Seen those.

                            But I don't think you could write that poorly if you tried. Maybe if you were rather-rathered (drunk), lmao.
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  • Question guys:

    Is it enough to have all this "I'm paid to promote this stuff" mambo jumbo in an Earnings Disclaimer link at the footer of your site?
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  • Profile picture of the author Mehak
    i appreciate you asking this question because although I haven't experienced any problems some of my team members were receiving emails from other companies. Therefore it is good to know where we stand, thanks again.

    All the best
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  • Profile picture of the author scortillion
    would a link at the bottom of the email to earning disclaimer be enough?
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    • Originally Posted by scortillion View Post

      would a link at the bottom of the email to earning disclaimer be enough?
      I'd like to know this as well.
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  • Profile picture of the author WD Mino
    Hi Everyone,
    I am not a lawyer. the best thing to answer these legal type of questions is to
    A) do your research: it is public information you can easily view and make your decision based on what is available.
    b) seek legal counsel
    There seems to be an awful lot of "legal type" questions popping up and none of us save a few are lawyers so you are only getting an opinion and not facts.
    Just my thoughts
    -WD
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    "As a man thinks in his heart so is he-Proverbs 23:7"
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