Affiliate Disclosure - Here's What the FTC and eBay Say
You may have read in my previous blog post that I am trying to figure out where to put my affiliate disclosure. Some people say to put it in the footer, but this is useless. Hardly anyone reads links in footers.
The FTC explicitly say that an affiliate disclosure needs to be prominent:
As far as I'm aware, it's not a case that the FTC will take legal action against you, it's more likely that they will hassle the affiliate networks. So, in turn, the affiliate network could close your account if you don't comply.
I know that the eBay affiliate program's terms do state that you need to make it obvious that you are an affiliate. I'm pretty sure Amazon does too, last time I checked. In fact, any that don't require this in their terms will actually be breaking the FTC guidelines.
An affiliate network could withhold your commissions if they know that you are not complying. It's not a nice thought, the idea of all that wasted work on your website.
In fact, here is quote from eBay:
"You must properly label Promotional Content and labeling must not be misleading to end users. You will not mislead or trick an end user in any way into clicking on a Link. At all times it must be clear for end users where they are being directed."
Here is another one:
"Compliance with Laws. Your participation in the Network and the Programs must be in compliance at all times with all applicable laws, regulations, decisions and best practices in any country that you target with your Promotional Method and that are applicable to promoting Participating Sites and Content, including but not limited to:
Any applicable consumer protection and advertising laws, regulations or directives, which may include:
Section 5 of the U.S. Federal Trade Commission Act or any future interpretation by the Federal Trade Commission of Section 5 as it relates to affiliate programs or advertising generally..."
And finally:
"If the position, prominence or nature of Links does not comply with the mentioned requirements, you will not receive compensation."
Why is this not in Kyle's training?
Recent Comments
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Marcus this won't make you happy. I clicked your website link on this page and my security kicked in, "scam alert, your personal information may be at risk, continue to site"? Could be it's new or something, new sites often get flagged as you know. I tried it again and no message this time.
Strange. Could have been just a bizarre one-off mistake. What security software is it?
Anyway, thanks for letting me know. I will definitely keep an eye on my Google Search Console account for any messages in there, as that's the key thing.
I have to admit, they may not look pretty on our sites, but they are a good thing. So many people promote cr#p that they don't know anything about these days just to earn a quick commission, they should be made to tell people they intend to earn from it.
I also believe it helps towards site trust with our visitors and separates us from the scammers out there.
I'd be more than happy to buy from someone with a huge banner saying "Hey, I'm recommending this product because I genuinely think it's great, I use it myself and think it could help you too. If you do decide to buy, I'll earn a commission at no extra cost to yourself, I've got to keep this site running somehow".
I've made numerous purchase over the years from people that have disclosures along those lines, firstly because they are being transparent and secondly, they are trying to abide by the rules and regs.
Putting this kind of disclosure on our site will only help with conversions us in my opinion.
What do you think of having is in the pages and posts, like this:
http://synthsandsoftware.com/buy-sound-effects-online
I think that's a great place to have it. It ticks all of the boxes being above the fold and it's in plain site but at the same time you almost look straight past it if you see what I mean.
If I was a visitor, I wouldn't give it a second thought. I'd keep it there if I was you
Yes I have it in the terms and conditions page plus I have it in a widget in plain English...Makes life simple, and I am being transparent...They can read the fine print version or the simple 'everyman' explanation which shows on every page)...
It costs money and time to gather, write and present information/tools/tips etc. on a site, and as in any other business, you can expect to be compensated (in the case of affiliate marketing commissions)...I explain this...
Cheers!
Dave : )
Hi Marcus and thanks for the info - rules and regs like being back at school - best regards paul
I get the affiliate link thing. Tho it's beginning to look like we are bad people. We are trying to sell products, not rip off someone. I though if the link WAS NOT an affiliate link, say to a page that further complemented or supported you content that link was ok. Then if one did put an affiliate link somewhere and NOTED "this is an affiliate" you would be ok. Or should we just send the damn link to the FTC for approval
Section 5 of the U.S. Federal Trade Commission Act or any future interpretation by the Federal Trade Commission of Section 5 as it relates to affiliate programs or advertising generally..."
Now here is the oxymoron clause, any future "interpretation" how are we to keep up with this?
K and C need to get on this "yesterday" we need their take on this so we're not left blowing in the wind. Maybe a big header saying you have entered an affiliate website, with just 1 affiliate link on the entire site!
According to what I've read it must be prominent, above the fold and not requiring that your readers click a link. Correct me if I'm wrong but I think the best place is in a text widget near the top of the page - on every page and post where affiliate links are placed. There is nothing to be ashamed of. You can even add a little humor.
Thanks Marion. What about via a link in the top menu? Is that not good enough because it requires that they click it?
I read in the guidelines that it has to be obvious, before, or next to, the first affiliate link and no clicks. They should not have to search for it.
What about on the individual pages, like this?
http://synthsandsoftware.com/buy-sound-effects-online
This is what I am thinking might be best. This gets it away from my sidebar and in the actual content.
Well, it IS following the guidelines :) The only problem is that you have to do it on every post and page where you have affiliate links.
How about making it into an image so it only takes up a fraction of the width and a few lines deeper. Just a thought...
It's okay, I can easily put it on each post or page. I have made it part of my review templates, and I can remember to include it each time I have any affiliate links anywhere else.
I think the main concern with companies is falsely directing people to sites and claiming referral credit. The important point is that links to sales should clearly state to people that is where they are going. Cloaking links and telling people they are being sent to Amazon and then redirecting them to another site are bigger concerns to companies.
Most websites simply put a statement that some products they promote they receive a commission for sales.
I agree it should be in the WA trainings, and done so with some real hard factual evidence and guidance. It is right now kind a "give it your best guess shot" mystery to me, just exactly what and how to do it right. I have my Amazon Affiliate disclosure statement up toward the top of my right sidebar, which is in a prominent position on every page. Is that sufficient? I hope so, but I really don't know for sure?
It would seem so, but again, the key word here is "wondering" - we should not be in a confused state of wondering over such a critically important issue.
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What about a different color text on the affiliate disclosure so people can't say they didn't see it? It looked fine to me, but blended in with everything. So who am I to judge?