Affiliate Disclosure & The FTC - Updated FAQ May 2015
Some questions have risen concerning an Affiliate disclosure and the requirements there of. After doing some research concerning this, there are several things you should know. (Links and thanks included.)
1. It is required. (thanks to the following:
Neil Little - https://my.wealthyaffiliate.com/neil-little/blog/a... and
leoemery https://my.wealthyaffiliate.com/leoemery/blog/affi...)
2. Loes, as always, has provided some great training. ( https://my.wealthyaffiliate.com/training/add-an-af...)
However - Please be aware that on May 29th, the FTC made some clarifications to the rule you should be aware of them. Here is the link.
https://www.ftc.gov/news-events/blogs/business-blo...
So how does this effect me?
My two cents worth on this clarification is as follows:
(1) A single disclosure somewhere on the site doesn't do the job - neither do links or buttons. It must be clearly disclosed on the page. Here is an excerpt from the FAQ.
"As for where to place a disclosure, the guiding principle is that it has to be clear and conspicuous. The closer it is to your recommendation, the better. Putting disclosures in obscure places – for example, buried on an ABOUT US or GENERAL INFO page, behind a poorly labeled hyperlink or in a “terms of service” agreement – isn’t good enough. Neither is placing it below your review or below the link to the online retailer so readers would have to keep scrolling after they finish reading. Consumers should be able to notice the disclosure easily. They shouldn’t have to hunt for it."
(2) Be aware the endorsement guides apply to all social media as well
(3) And on a brighter note, let me paste this from the FAQ:
" Are you monitoring bloggers?
Generally not, but if concerns about possible violations of the FTC Act come to our attention, we’ll evaluate them case by case. If law enforcement becomes necessary, our focus usually will be on advertisers or their ad agencies and public relations firms. Action against an individual endorser, however, might be appropriate in certain circumstances."
Definitely add your comments below - but please be aware of this update and the possible, should many people complain, impact it could have.
Seriously - be aware of these changes and go check them out. The link to the FAQ is: https://www.ftc.gov/tips-advice/business-center/gu...
While there, download some of the other PDF info like .com disclosures. If you are running anything weight loss, you will want to check the guides here. Several other sectors as well.
Thanks everyone - hope this is/was informative.
Recent Comments
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Great share Scott! Now the debates begin... where to put the disclosures, and what verbiage is suitable for a disclosure.
In another thread, I raised the question of using the title="disclosure here" attribute of an HTML link for a disclosure, since that message would appear when the cursor passed over the link.
Thoughts?
Dennis
The Good news - they aren't hunting us - yet - or so they say. So unless individuals complain this would work.
The bad news - this is specifically addressed as a "NO GO". Here is an excerpt from the guide:
"Would a button that says DISCLOSURE, LEGAL, or something like that which links to a full disclosure be sufficient?
No. A hyperlink like that isn’t likely to be sufficient. It does not convey the importance, nature, and relevance of the information to which it leads and it is likely that many consumers will not click on it and therefore miss necessary disclosures. The disclosures we are talking about are brief and there is no reason to hide them behind a hyperlink."
I know that wasn't what you wanted to hear, put it is addressed.
This is probably a discussion that will continue, but I think of it like a financing ad - everything must be disclosed up front.
Thank you for sharing this information. Staying correct iis so important as we learn this training. Things change along, and we need to know to stay aware.
When I got this message from my affiliates a while back, I wrote my disclosure with red letters in a colorful frame and placed it as a widget on top of my sidebar. Hope that is good enough :-)
This is particular to the US citizens and sites doing business (targeting) in the US. However it appears other countries have or may have similar requirements.
I made sure to note the bright spot - I feel that if you are from "outside" the US and are clear about what you do there should be no problems.
Check the links to the FTC. The training is not bad, and the information on the site valid.
As a closing note, I think we should all be clear about who and what we are, don't attempt to "trick" people. If we are honest and upfront in what we say and in our reviews - something everyone here tries to do, then we won't get any complaints - thus no problems..
Thank you for your reply, I agree with you I also feel that promoting as an affiliate is not something that we need to hide as it isn't something to be ashamed of! I have bought through people knowing they probably make a profit and it never bothered me :)
Loes, as always you are welcome. I was going to contact you anyway as your training may need a change in part 3. Unfortunately being posted in the footer of the page is one of the things that they say may not be acceptable. I look forward to your take on this and update.
Hi Scott, I have placed the link to your blog on my tutorial on page 4, hope that'll be sufficient.
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Thank you for sharing this information with us! :)
Good to hear from you Christa - enjoyed visiting your site
Thank you!