How do I find an ethical, FTC/FDA compliant affiliate network to promote my dietary supplement?

27 replies
Background:

I've got a new business which owns a unique dietary supplement. I won't post the link as it's irrelevant at this point but rest assured that it's quality, with a lot of work behind it with a unique name, targeting a unique niche.

My issue is that I've gotten to the point where it's 100% ready for a full launch and I just need the customers.

Issue:

As most of you well know the FTC has been cracking down on illegitimate affiliates in some ways as of late, and with dietary supplements the FDA also has a large say in the way in which products are promoted.

In short, companies responsible for the product (me - I own and have the product manufactured) are also responsible for the actions of any and all affiliates promoting their product.

Put differently, if I allow an unethical affiliate to promote my product in a non-approved manner both the FDA and FTC are liable to issue me a warning letter or worse.

Question:

How do I find a good affiliate network with affiliates well versed in the regulatory issues surrounding dietary supplements?

I could always go the route of getting tracking software and finding affiliates one by one on my own (which has a draw for me as I could talk to each individual first)... but I figure there must be some respectable networks and I don't want to reinvent the wheel.

Thanks!
Pat
#affiliate #compliant #dietary #ethical #find #ftc or fda #network #promote #supplement
  • Profile picture of the author tpw
    You are the first person I ever heard asking about a FDA compliant affiliate network.

    I am certain that you would probably be better off to set up your own private affiliate program and manage it accordingly.
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    Bill Platt, Oklahoma USA, PlattPublishing.com
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    • Profile picture of the author Renaissance Man
      Thanks.

      For clarity, an example of what I mean by "FDA compliance" would be:

      FDA doesn't allow you to make disease claims:

      "This reduces your risk for Alzheimer's"

      That's just one example, but it is a short enough list of things to not do, a list that is easy enough to learn.

      Is it that unreasonable to try and find a network that has a standard of that caliber?
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  • Profile picture of the author David Keith
    i dont know of any networks that pro-activly police their affiliates on FDA compliance issues.

    most would probably be re-active to complaints, but i doubt they would be proactive to look at the way every one of your affiliates is promoting your products on an ongoing basis.

    i am with BIll, i would probably look for an in-house solution. that way you have more control and no one to blame but you. and lets face it, no one will protect your business as well as you will anyway.

    however most of the affiliate networks allow you to approve you affiliates before they can promote your site. so you could still use most networks, but you are going to be the one pro-actively enforcing their promotion methods for the most part... especially in regard to FDA compliance.

    and even if you find one that claims to be complying with such regulations, you are ultimately going to be the one who is on the hook if things are not on the up and up.
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  • Profile picture of the author David Keith
    however, if i were you, i would start by looking at your competitors and seeing what affiliate solutions they are using. of course they may or may not be as concerned about the legal issues as you are, but that would probably be where i would start.
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    • Profile picture of the author Renaissance Man
      Thank you both.

      Good point on looking at competitors, onslaw, and good point to both of you on the merits of an in-house solution.

      My original inclination was to not even bother with affiliates, for fear of losing control/regulation over materials.... but if I do it in house like you say I should be able to mitigate the risk reasonably well.

      Thanks again!
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      • Profile picture of the author Jill Carpenter
        I would start up my own network. You can list the program with some directories that will require affiliates to get approved before joining. This way, you can put in place some things like requiring them to have a website that you can go approve first - and still get bigger exposure then trying to scamble around for affiliates yourself.
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      • Profile picture of the author myob
        As you know, no matter what network you go with, you will always be at risk for any actions of your affiliates. The best you can do is provide marketing tools, and not permit affiliates to change or add anything without your approval. Focus on FTC/FDA risk management, and the ethics portion will take care of itself. Some affiliate networks, for example Commission Junction, have similar companies as yours which permit only banners or links on affiliate websites, along with very strict and legally binding promotional constraints.
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  • Profile picture of the author Renaissance Man
    Jill - thanks, I tried a quick search just now to no avail, can you tell me some of the directories you recommend?

    And when you say "start my own network" do you mean a self managed way of tracking/ payment etc... but just listed on directories for exposure?

    Thanks myob!

    I think I have too few posts to "thank" anyone on their posts, or I just can't figure it out!
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    • Profile picture of the author tpw
      Originally Posted by Renaissance Man View Post

      I think I have too few posts to "thank" anyone on their posts, or I just can't figure it out!

      I think you are right. I think you need to have 25 posts before the Thanks button shows up.
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      Publish Coloring Books for Profit (WSOTD 7-30-2015)
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      • Profile picture of the author David Keith
        Originally Posted by tpw View Post

        I think you are right. I think you need to have 25 posts before the Thanks button shows up.
        i thought you were right, but i just saw this guy (slappytheking) make a thanks in another thread, and he only has 5 posts.

        the thanks button should be located in the bottom right corner of someone's post.
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    • Profile picture of the author David Keith
      Originally Posted by Renaissance Man View Post

      Jill - thanks, I tried a quick search just now to no avail, can you tell me some of the directories you recommend?

      And when you say "start my own network" do you mean a self managed way of tracking/ payment etc... but just listed on directories for exposure?

      Thanks myob!

      I think I have too few posts to "thank" anyone on their posts, or I just can't figure it out!
      not sure where jill is going with the start you own network thing. affiliate networks is a term usually describing something like cj.com where they use software to power lots of affiliate programs.

      when i (and i think tpw aka Bill) said in house solutions we were meaning something along the lines of idevdirect. which is a software to power your own affiliate program. these handle the tracking and such of the affiliates and their links.

      as far as directories, these are places like associateprograms.com. google "list of affiliate directories" you should find lots of them.

      dont count on them to bring lots of high quality affiliates. recruiting strong affiliates is probably going to mostly fall on your shoulders.

      the only way it doesn't is if you use a company like cj.com and you have a great EPC (earnings per click) number. if you do that, strong affiliates will seek you out. but thats probably a long shoot for most to be honest.
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  • Profile picture of the author Renaissance Man
    OK, thank you onslaw. Makes perfect sense and that's a very reasonable investment.
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  • Profile picture of the author Renaissance Man
    Yup, it's 5 posts...
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  • Profile picture of the author DIABL0
    You say that it's 100% ready for launch. Have you tested creatives / landing pages and it generate high clicks as well as high conversion? High being what is high for that product type.

    Typically the higher your conversion the less you can pay per sale. The lower the conversion the more you will need to pay. This assumes your product also generates similar clicks. That is your product has to be competitive with other similar products as far as dollars made.

    I'm what people call a super affiliate. There is what I call opportunity risk, in that I always have a set projects that I promote and I promote them because I know they are winners and every time I promote one I know I'm going to make approx X dollars. So every day I have the opportunity to make approx X dollars. So if you want me to put your project into rotation then you better have stats that I can look at and decide if it is worth the risk of me trying it. If not, then I'm going to want you to pay me up front a guaranteed amount (CPM) for me to test it.

    Do you offer a free trial? Most dietary supplements are going to convert better if they offer a free trial. I typically won't even try a dietary supplement unless it's a free trial.

    Anyway, just something to think about.
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    • Profile picture of the author Renaissance Man
      Diablo- Thank you and by your definition, no then, not 100% ready.

      I should have been more explicit but went for brevity instead. Your explanation and perspective is great and I'll keep it in mind.

      What I meant was that I have the product, the site is fully functional with a clean finish and I have 2 landing pages prepared by copywriters.... BUT the site and content is untested beyond a precursory PPC campaign.

      The PPC campaign resulted in a high bounce rate and very short avg. time on site. I chalk this up to my own error in ad script leading to unqualified traffic (they weren't truly looking for a supplement, but rather info).

      With that in mind I meant "100% ready for qualified traffic in order to test ad copy etc., but otherwise unproven."

      Based off what you've said I'll be very detailed in tracking...

      Would you say key figures would be:
      -Conversion % (by landing page)
      -Total clicks
      -Am I missing any key metrics?

      I offer a 60 day, no questions asked, 100% money back guarantee.

      I imagine it's case dependent but what would you say is a good rough figure for CPM for an untested product?
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      • Profile picture of the author DIABL0
        Originally Posted by Renaissance Man View Post

        Diablo- Thank you and by your definition, no then, not 100% ready.

        I should have been more explicit but went for brevity instead. Your explanation and perspective is great and I'll keep it in mind.

        What I meant was that I have the product, the site is fully functional with a clean finish and I have 2 landing pages prepared by copywriters.... BUT the site and content is untested beyond a precursory PPC campaign.

        The PPC campaign resulted in a high bounce rate and very short avg. time on site. I chalk this up to my own error in ad script leading to unqualified traffic (they weren't truly looking for a supplement, but rather info).

        With that in mind I meant "100% ready for qualified traffic in order to test ad copy etc., but otherwise unproven."

        Based off what you've said I'll be very detailed in tracking...

        Would you say key figures would be:
        -Conversion % (by landing page)
        -Total clicks
        -Am I missing any key metrics?

        I offer a 60 day, no questions asked, 100% money back guarantee.

        I imagine it's case dependent but what would you say is a good rough figure for CPM for an untested product?
        Really all your going to be able to provide is EPC (earnings per click). But if you can get feedback from those that promote and they can say this banner had X views and X clicks and if the site was targeted or not then that at least gives a little more insight. Also if you can get a mailer to tell you their open rate and if the list was targeted or general and the amount sent, then that would also provide more insight. By having all the above info, then it's much easier to have an idea what the project might make.

        You also need to test creatives (ads), not just landing pages. One creative could generate far more clicks than others, just like one landing page could convert much higher than others.

        As far as CPM costs. This is going to vary by the affiliate. For example lets say that my smallest test makes on average around $500 if it's a good project. Then I'm going to want around $500 to do a CPM test.

        I would seriously think about testing a free trail if you can afford to do it. I've seen free trials blow away other offers that require full payment regardless what the return policy was. It's typically easier to make a sale when your just charging S&H and then bill the purchase price 30 days later unless they return, then the purchase price + S&H upfront. Also if the conversion is higher you can pay the affiliate less.

        This is how affiliates look at things...

        Your products makes an affiliate an average of $250 each time they promote. A competitors product makes $500 on average. Well, I'm not going to run your project unless you double the payout.

        Lets say you tweak everything and now your product makes $750. You could easily drop what you pay per sale so that it works out to $550 and I would still choose your product to promote over your competitors, even though you lowered the payout because it still make more money. Now if I test another product and it does $600, then I'm going to run it unless you raise your payout.
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        • Profile picture of the author Renaissance Man
          Originally Posted by DIABL0 View Post

          Really all your going to be able to provide is EPC (earnings per click). But if you can get feedback from those that promote and they can say this banner had X views and X clicks and if the site was targeted or not then that at least gives a little more insight. Also if you can get a mailer to tell you their open rate and if the list was targeted or general and the amount sent, then that would also provide more insight. By having all the above info, then it's much easier to have an idea what the project might make.

          You also need to test creatives (ads), not just landing pages. One creative could generate far more clicks than others, just like one landing page could convert much higher than others.

          As far as CPM costs. This is going to vary by the affiliate. For example lets say that my smallest test makes on average around $500 if it's a good project. Then I'm going to want around $500 to do a CPM test.

          I would seriously think about testing a free trail if you can afford to do it. I've seen free trials blow away other offers that require full payment regardless what the return policy was. It's typically easier to make a sale when your just charging S&H and then bill the purchase price 30 days later unless they return, then the purchase price + S&H upfront. Also if the conversion is higher you can pay the affiliate less.

          This is how affiliates look at things...

          Your products makes an affiliate an average of $250 each time they promote. A competitors product makes $500 on average. Well, I'm not going to run your project unless you double the payout.

          Lets say you tweak everything and now your product makes $750. You could easily drop what you pay per sale so that it works out to $550 and I would still choose your product to promote over your competitors, even though you lowered the payout because it still make more money. Now if I test another product and it does $600, then I'm going to run it unless you raise your payout.
          Great, copy all and much appreciated.

          Ah, wonderful idea with the free trial. I see what you mean now. I'll have to work with paypal and see how to set that payment option up. Shouldn't be too difficult. (I have a shopify shopping cart and paypal pro).

          Thanks again
          Pat
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  • Profile picture of the author Sylonious
    The best thing you could do is have notice popup in the middle of the page saying:

    You were sent here by someone who earns a commission if you decide to purchase [name of product].
    Then have an OK button for them to move on.

    That way no matter what the affiliate decides to do (or not do) you are covered as far as disclosures go.
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    • Profile picture of the author Renaissance Man
      Originally Posted by Sylonious View Post

      The best thing you could do is have notice popup in the middle of the page saying:



      Then have an OK button for them to move on.

      That way no matter what the affiliate decides to do (or not do) you are covered as far as disclosures go.
      Good idea, thank you.
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  • Profile picture of the author RenaissanceMama
    Hi RenaissanceMan,

    I am entertained by the similarity in our usernames. I am on the other side of the fence - I'm an affiliate wanting to cross my t's and dot my i's as far as FDA compliance goes. As far as you know, what does the FDA dictate as far as affiliate links and reviews of products?
    Thanks!
    Sarah

    Sarah
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  • Profile picture of the author Rick Britton
    how about licencing some of the big players to sell it as their version on their sites or to sell your product?

    places that get huge traffic already like T-Nation, life Extension, Bulk Powders, MyProtein and all those big guys - pay THEM the commission rather than dodgy affiliates that sign up with a network. Ergo-log is a good place to get a positive review too. If it is all natural try NaturalNews.com
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    • Profile picture of the author Renaissance Man
      Originally Posted by Rick Britton View Post

      how about licencing some of the big players to sell it as their version on their sites or to sell your product?

      places that get huge traffic already like T-Nation, life Extension, Bulk Powders, MyProtein and all those big guys - pay THEM the commission rather than dodgy affiliates that sign up with a network. Ergo-log is a good place to get a positive review too. If it is all natural try NaturalNews.com

      Thanks, good idea.
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  • Profile picture of the author Ti
    Use Clickbank.com as they have recently forced all their affiliates to agree to be FTC compliant.
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    Affiliates Wanted --> http://Pwnboxer.com <-- Promote to your MMORPG/World of Warcraft Niche
    Insanely Popular Software Lets You Play 5x WoW+ On 1 PC - 100% Legit Bliz Approves Multiboxing
    Current Affiliate Stats: June 4th 2011: EPC = $3.50, Conversions = 10.2%, $23.50/sale

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    • Profile picture of the author Rick Britton
      Originally Posted by Ti View Post

      Use Clickbank.com as they have recently forced all their affiliates to agree to be FTC compliant.
      clickbank only sells digital products dont it?
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  • Profile picture of the author Ti
    I think you are correct, however, I just released another product today and I notice they say "Shipable Product" now as a product type. Hmm!
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    Affiliates Wanted --> http://Pwnboxer.com <-- Promote to your MMORPG/World of Warcraft Niche
    Insanely Popular Software Lets You Play 5x WoW+ On 1 PC - 100% Legit Bliz Approves Multiboxing
    Current Affiliate Stats: June 4th 2011: EPC = $3.50, Conversions = 10.2%, $23.50/sale

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  • Profile picture of the author Renaissance Man
    As for the Clickbank question... I just logged in and looked again and the only thing I could find as "allowable shippable items" was "Supplemental information" like DVDs that go along with your information product.
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