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Do I need FTC affiliate disclosure - Commision Junction - Non-USA publisher.

by advancedmile
9 replies
Do I have to have a FTC affiliate disclosure for Commision Junction affiliate programs if I am an foreign (non-USA) publisher.
#affiliate #commision #disclosure #ftc #junction #nonusa #publisher
  • Profile picture of the author WilsonA
    Thats a legal question which is more for a lawyer to answer, I am a non-Usa publisher with Cj and others and I put it anyway it has not had any real effect on my sales
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    • Profile picture of the author Alexa Smith
      Banned
      It is a legal question (partly!), and I'm no lawyer.

      But it's more than that, too: it's a marketing policy question.

      Many foreign-resident owners of international TLD domains (.com/.net/.org/.info etc.) have discovered that the FTC has jurisdiction over their domain registrations, whether the domain-owners are subject to FTC regulations or not.

      That may also be true of hosting companies, autoresponder companies, and all sorts of others with whom marketers do business, who choose to adopt FTC regulations and effectively apply them to their own clients in their terms of service, wherever the clients live.

      I'm not US-resident, but the more prominently and frequently I make affiliate disclosures, myself, the more I seem to sell. I think there are reasons for that, too. For example, if you don't disclose openly and repeatedly that you're an affiliate, you don't get as much opportunity to explain it to potential customers and to reassure them that they'll never pay a penny more by buying anything through your links. I find that very helpful, myself, and I know from subscriber and visitor feedback that people really appreciate it. Customers aren't usually stupid or naive: they know if you're trying to conceal something from them, and they vote accordingly with their wallets.

      Open disclosure reassures people, it's honest, it makes them impressed by your openness and integrity, it enables you to discuss at length what sort of products you will, and won't, promote and recommend, and why (very easy to turn that one to your advantage!!), and it enables you (actually in many ways) to differentiate yourself from all the other marketers whose lists they have been on (or are on), and let's not pretend that yours is the only list they're on! Successful, long-term affiliate marketing is about becoming the person through whose link they choose to buy. The more information I give them about affiliate marketing and what I'm doing and how and why, the more of them want to buy through my links. (I even tell them - slightly jokily but not inaccurately - what I spend the money on).

      In short, the answer is that it doesn't matter whether you need it for legal reasons, because you should want it, anyway, for all these other reasons. You're better off with it than without it, so it makes sense just to do it.
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      • Profile picture of the author luckyman
        It is a legit question and I think there are many in your shoes who like to know the answer to that too.

        I have a coach who suggest that it should be included in as long as you market in the US, FTC compliance is necessary. Also, as another warrior has put it that it does give added comfort to your visitors. I agree with that. Anyway its not difficult to put one in and it does not harm or negatively affect your site's performance; so why not have it there?
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        • Profile picture of the author kindsvater
          From CJ's TOS:

          (d) Compliance with Laws. You are responsible for compliance with the requirements of all relevant legislation (including subordinate legislation and the rules of statutorily recognized regulatory authorities) in force or applicable in the United States or in any other applicable territory, and warrant that no promotion method used by You or the content of Your Web site(s) will render CJ liable to any proceedings whatsoever.
          If you are not located in the US, but are marketing to US residents, which almost all CJ marketers do, then you need to comply with FTC rules.

          If you are only using CJ to market to a local merchant, such as a German seller, and you are in Germany, and no sales are made to those in the US, then perhaps not.

          .
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          • Profile picture of the author advancedmile
            Originally Posted by kindsvater View Post

            From CJ's TOS:



            If you are not located in the US, but are marketing to US residents, which almost all CJ marketers do, then you need to comply with FTC rules.

            If you are only using CJ to market to a local merchant, such as a German seller, and you are in Germany, and no sales are made to those in the US, then perhaps not.

            .
            So should I only put it on one page line http://mysite.com/ftcdisclosure.html and link to it from the footer or should i show the actual text of the disclosure on every page?
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      • Profile picture of the author advancedmile
        One problem is that this generates duplicate content. In my opinion, it should be enough to have this disclosure on a separate page as privacy policy.

        As time goes by USA authorities would probably require to put privacy policy on every page on site. All the internet would have no useful text, only policies and disclosures.


        Originally Posted by Alexa Smith View Post

        It is a legal question (partly!), and I'm no lawyer.

        But it's more than that, too: it's a marketing policy question.

        Many foreign-resident owners of international TLD domains (.com/.net/.org/.info etc.) have discovered that the FTC has jurisdiction over their domain registrations, whether the domain-owners are subject to FTC regulations or not.

        That may also be true of hosting companies, autoresponder companies, and all sorts of others with whom marketers do business, who choose to adopt FTC regulations and effectively apply them to their own clients in their terms of service, wherever the clients live.

        I'm not US-resident, but the more prominently and frequently I make affiliate disclosures, myself, the more I seem to sell. I think there are reasons for that, too. For example, if you don't disclose openly and repeatedly that you're an affiliate, you don't get as much opportunity to explain it to potential customers and to reassure them that they'll never pay a penny more by buying anything through your links. I find that very helpful, myself, and I know from subscriber and visitor feedback that people really appreciate it. Customers aren't usually stupid or naive: they know if you're trying to conceal something from them, and they vote accordingly with their wallets.

        Open disclosure reassures people, it's honest, it makes them impressed by your openness and integrity, it enables you to discuss at length what sort of products you will, and won't, promote and recommend, and why (very easy to turn that one to your advantage!!), and it enables you (actually in many ways) to differentiate yourself from all the other marketers whose lists they have been on (or are on), and let's not pretend that yours is the only list they're on! Successful, long-term affiliate marketing is about becoming the person through whose link they choose to buy. The more information I give them about affiliate marketing and what I'm doing and how and why, the more of them want to buy through my links. (I even tell them - slightly jokily but not inaccurately - what I spend the money on).

        In short, the answer is that it doesn't matter whether you need it for legal reasons, because you should want it, anyway, for all these other reasons. You're better off with it than without it, so it makes sense just to do it.
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  • Profile picture of the author Sarevok
    You always need an affiliate disclosure.
    Signature
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  • Profile picture of the author RobinInTexas
    Originally Posted by advancedmile View Post

    Do I have to have a FTC affiliate disclosure for Commision Junction affiliate programs if I am an foreign (non-USA) publisher.
    You don't have to, but you might check with CJ or they could cut you off if they don't like it.
    Signature

    Robin



    ...Even if you're on the right track, you'll get run over if you just set there.
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  • Profile picture of the author wesawu
    When in Rome, do as the Romans. Meaning, if you are marketing in the US than US law applies whether you or your company are in the US or not. Additionally, if you disclose the FTC policy, than not only are you obiding by the law but are show integrity also. That will increase the confidence in your potential buyers and lead to greater sales!
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