Legal Considerations for Affiliate Disclosure: Affiliate Link Disclosure Example, Best Practices (and how to write one)

Affiliate marketing is a popular strategy where you promote someone else’s products or services in exchange for a commission.

You would sign up to an affiliate program, where you get affiliate links. These links help track your role in the sale.

It's a win-win situation for both parties. You earn a commission for every sale made through your affiliate link. The product owner gets exposure and potentially more sales.

However, with the rise of affiliate marketing, transparency and disclosure are necessary. As an affiliate marketer, you must disclose your affiliate relationship and inform your audience that you may earn a commission if they make a purchase through your ink.

This is where affiliate disclosure comes in. Let's dive in and see how to add an affiliate disclosure that is effective. 

Key Takeaways

A quick summary of this article's takeaways and tips for creating an affiliate disclosure:

  1. Always disclose your participation in all the relevant affiliate programs
  2. Use clear and concise language that your audience will understand
  3. Disclosures should be prominently displayed and easy to find
  4. Be specific about the products or services you are promoting through affiliate links
  5. Be honest and upfront about your opinions on the products or services you promote

Importance of affiliate disclosure

Affiliate marketing can be a good business opportunity for affiliates. It’s important to be honest about the relationship between the affiliate and the advertiser. This is where affiliate disclosure comes in. An affiliate disclosure is a statement that tells readers or viewers that the content they’re reading or watching contains affiliate links. The affiliate will earn a commission if they make a purchase through the link.

Affiliate disclosure is important not only from an ethical standpoint but also from a legal standpoint. The Federal Trade Commission (FTC) requires affiliates to tell their audience about their relationship with the advertiser. If they fail to do so, it can result in significant legal and financial consequences.

Brief overview

We'll focus on the affiliate disclosure requirements and best practices. Specifically, we'll cover the following topics:

  • What affiliate disclosure is. Why it's important, and how to make a good disclosure statement
  • The legal risks of not disclosing. FTC guidelines for affiliate marketers, and best practices for compliance.

By the end of this article, you'll have a clear understanding of the importance of affiliate disclosure and how to create an effective disclosure statement that meets FTC guidelines and best practices

By the end of this article, you’ll know what you need to do to follow the law and make sure your audience knows what’s going on.

Understanding Affiliate Disclosure & Affiliate Link Disclosure

The terms - affiliate disclosure and affiliate link disclosure often get used inter-changeably.

Affiliate disclosure or affiliate link disclosure is a statement made by a publisher or blogger to let their audience know that they may earn an affiliate commission if they purchase an affiliate product or service through a particular link. This is required by law, as it is considered a form of advertising. The purpose of affiliate disclosure is to be transparent and honest with readers, so they can make an informed decision about whether or not to click on the link.

It’s great that you know what affiliate disclosure terms are! Let’s take a look at why they are important.

Why Do You Need an Affiliate Disclaimer?

Transparency is crucial in affiliate marketing because it helps establish trust between you and your audience. If you're not upfront about your financial interests, your audience may feel misled or deceived. Additionally, the Federal Trade Commission (FTC) requires that you disclose your affiliate relationship to your audience to avoid deceptive practices.

How to write an Affiliate Disclosure?

It’s important to tell your readers that you get money when you recommend products. One way to do this is to use our generator at privacyterms.io/disclaimer-generator.

Our Affiliate Disclosure Generator that helps you make a disclosure statement.

But if you want to write your own disclosure statement, there are a few things you should include.

  1. Make sure your disclosure is easy to find. It should be near your affiliate links, not hidden in your website’s footer.
  2. Use simple language. Don’t use fancy words or technical terms. Use everyday language to explain that you might get money if someone clicks on your affiliate link and buys something.
  3. Think about using visual cues like an asterisk or disclaimer icon to draw attention to your disclosure. This can help make sure that readers don’t miss the disclosure, even if they’re not reading everything.

The goal of your Affiliate Link Disclosure is to be honest with your readers while also protecting yourself legally. By following these best practices, you can create a disclosure statement that’s easy to understand and follows the law.

There are also some requirements you need to consider...

Disclosure requirements under the FTC guidelines

The FTC has specific guidelines for disclosing affiliate relationships. According to the FTC, affiliate disclosures must be clear and conspicuous, which means that they should be easy to see and understand. The disclosure must also be made before the affiliate link is clicked, so your audience can make an informed decision before they make a purchase.

Different ways to disclose affiliate links

  • There are several ways to disclose affiliate links, and the most common methods include:
  • Adding a disclosure statement at the top of your blog post or website
  • Including a disclosure in the footer of your website
  • Placing an affiliate disclosure on a dedicated disclosure page
  • Burying your disclosure in the middle of your content, which is not recommended
  • It's essential to choose a method that's clear and easy to understand for your audience.

Affiliate Disclosure Example

techradar.com

techradar includes a disclaimer that's well above the fold and short

NyTimes Wirecutter

similarly, NYTimes' wirecutter includes a disclaimer above the fold

thebeautylookbook.com

thebeautylookbook.com includes a well-written and easy to understand affiliate disclaimer in the sidebar.

Affiliate Disclosure Statement Guidelines

Affiliate Disclosure Requirements

The FTC requires clear and conspicuous disclosure of affiliate links, but there are some specifics to consider. The disclosure must be easy to understand. It should be placed before the affiliate link. That way, users can make an informed decision before clicking. The disclosure must also be clearly visible on all platforms, including social media posts, videos, and blog posts.

Third-party Requirements (Amazon Affiliate, Google etc.)

Third-party platforms, such as Amazon or Google, have their own requirements.

For instance, Amazon affiliate disclosure policy requires affiliates to include a prominent statement disclosing affiliation. This should be present on all pages containing affiliate links.

Google requires the use of the "nofollow" tag on the affiliate links. This helps prevent search engines from following them.

What makes a good affiliate statement?

A good affiliate disclosure is clear, concise, and placed in a conspicuous location. It should use plain language that users can understand, and it should be distinguishable from surrounding text. Ideally, the disclosure should be located near the affiliate link, so users don't have to search for it.

Tips for Creating a clear and effective statement

To create a clear and effective disclosure statement, use clear language that users can easily understand. Avoid technical jargon and legal terms. Be honest and upfront about your relationship with the advertiser. Don't bury the disclosure at the bottom of the page or in small print. Use contrasting colors or different fonts to make the disclosure stand out.

What makes an effective affiliate disclosure

Effective affiliate disclosures come in different forms, but they all share some common characteristics. For instance, they are placed in a conspicuous location, use clear language, and are easily distinguishable from surrounding text. Examples include "This post contains affiliate links" or "As an Amazon Associate, I earn from qualifying purchases."

Best practices for placing affiliate disclosures

To ensure compliance with FTC guidelines, affiliate disclosures should be placed before the affiliate link, and they should be clearly visible on all platforms. Consider using multiple disclosures on longer pages or in videos to ensure users see them. Avoid placing the disclosure in the footer or sidebar, as users may not see it. Instead, consider placing it near the top of the page or in a pop-up box.

FTC Affiliate Disclosure

The FTC's Role in Regulating Affiliate Marketing

The Federal Trade Commission (FTC) is the agency responsible for regulating advertising and marketing practices in the United States. Their role includes overseeing affiliate marketing, which is why it's important for affiliate marketers to be aware of their guidelines.

FTC Disclosure Requirements

The FTC requires that all affiliate marketers clearly and conspicuously disclose their relationship with the product or service being promoted. This means that any time an affiliate marketer promotes a product or service and receives compensation for it, they must disclose that fact to their audience.

Disclosure must be made before any affiliate link or recommendation is made, and it should be clear and easy to understand. Additionally, the disclosure should be made in a way that is easily visible to the audience, whether that be through placement on the website or in the body of the content.

Examples of FTC Compliant Affiliate Disclosures

FTC compliant affiliate disclosures are essential for anyone who promotes affiliate products or services. These disclosures indicate that the content creator is earning a commission when a reader clicks on a link or makes a purchase through their website.

There are several different examples of FTC compliant affiliate disclosures, including "affiliate link," "affiliate," and "sponsored." Creating a clear and concise disclosure is crucial to comply with FTC guidelines and to build trust with readers.

The disclosure should be prominently displayed at the beginning of the post, near the affiliate link, or in the footer of the website. Some bloggers even use a combination of different disclosure statements to ensure clarity and transparency. Being open and honest about affiliate relationships is key to building a loyal audience and complying with FTC regulations. 

Consequences of Non-Compliance with FTC Guidelines

Failure to comply with FTC affiliate disclosure guidelines can result in serious consequences, including fines and legal action. In addition, non-compliance can damage the credibility and trust of an affiliate marketer's audience, which can ultimately harm their business.

Ensuring FTC Compliance

To ensure compliance with FTC guidelines, marketers should:

  1. Use clear and unambiguous language to disclose their relationship with the company they are promoting
  2.  Place the disclosure near the affiliate link, so that it is easily visible and understandable
  3. Ensure that the disclosure is prominently displayed on all pages containing affiliate links
  4. Use language that is appropriate for the target audience, and avoid using jargon or technical terms that may be confusing
  5. Regularly review and update their disclosure practices to ensure continued compliance with FTC guidelines.

Marketers should also regularly review their disclosures to ensure they are up-to-date and comply with any changes to FTC guidelines. By following best practices and being transparent with their audience, affiliate marketers can build trust and credibility, and ultimately have a more successful and sustainable business.

How to Write an Effective Affiliate Disclosure

An effective affiliate disclosure helps you maintain your audience's trust and integrity. Here are some tips for creating a clear and effective affiliate disclosure:

Be Visible and Clear: Your disclosure should be prominently displayed and easy to find. For articles, include it at the top. For social media, use clear language that your audience will understand, and avoid legal jargon.

Be Specific: State the exact products or services you are promoting through affiliate links, and explain how you will be compensated. Mention the percentage of the sale or the specific type of compensation you will receive.

Be Honest: Share your honest opinion about the products or services you are promoting. If you haven't used them, disclose that fact. Be truthful about your experience, even if it's not entirely positive.

By following these guidelines, you can create an effective affiliate disclosure that will maintain your audience's trust.

Disclosure Guidelines for Different Types of Content

No matter what type of content you create, It’s important to practice full disclosure by disclosing your relationship with the products or services you are promoting.

Here are some disclosure guidelines to follow for different types of content

Content TypeDisclosure Guidelines
Blog PostsInclude your disclosure at the beginning of your blog post. Make sure it's easy to find and clearly stated.
Social MediaUse hashtags such as #ad, #sponsored, or #affiliate to indicate your relationship with the product or service you are promoting. Place disclosures alongside any affiliate links or hashtags.
VideosInclude your disclosure at the beginning of your video, either through a verbal statement or text on the screen. Make sure it's clear and easy to understand.
EmailsIf you are promoting a product or service through an email campaign, include a disclosure at the top of the email. This can be done through a statement or a link to your disclosure policy on your website.

Remember, the key is to be transparent with your audience about your affiliate relationship.

Affiliate Link Disclosure Examples

here's a list of some affiliate link disclosure examples from around the web:

Forbes Advisor

This disclaimer is clear and concise. It states that Forbes Advisor earns a commission from partner links on their website but that these commissions do not affect their editors’ opinions or evaluations.

www.websitebuilderexpert.com

www.websitebuilderexpert.com lets their audience know about their affiliate links upfront, above the fold

PCMag

PCMag's disclaimer is concise, honest, and transparent about the nature of the affiliate relationship and how it benefits both PCMag and its users.

These are some of the many ways you can create your own affiliate link disclosure.

You can include a short blurb that says something like “I earn commissions from my sponsored links” or “I make money when readers purchase items through my links”.

You can also include a dedicated affiliate disclosure page that explains your relationship with affiliates. That page can also disclose your content that contains an affiliate link. Whatever approach you choose, it’s important to make sure that your disclosure is easy to find and read so that your readers are fully informed about your relationship with affiliates.

Tools and Resources for Generating Affiliate Disclosures

Creating clear and concise affiliate disclosures is essential for maintaining the trust of your audience. Fortunately, there are numerous tools and resources available. These tools help you create effective disclosures that comply with industry guidelines.

One helpful tool is the Federal Trade Commission's Endorsement Guides. It provides guidance on how to disclose affiliate affairs in various contexts. The Guides cover everything from social media posts to video content. It also covers offer examples of appropriate disclosures.

Another useful resource is the our disclaimer generator tool. It allows you to create custom disclaimers for your blog, website or social media accounts. It is easy to use and generates a clear and concise disclaimer. The disclaimers also comply with legal requirements.

Conclusion

In conclusion, affiliate disclosure is a critical aspect of affiliate marketing. By being transparent about your affiliate links, you can maintain the trust of your audience. it also helps ensure that you comply with legal and industry guidelines.

Final Thoughts and recommendations

it's important to prioritise transparency and honesty in your relationships with your audience. By following industry guidelines and using the tools and resources available to you, you can create effective affiliate disclosures that maintain your audience's trust while helping you earn income through affiliate marketing.

To ensure that your affiliate disclosure covers all the necessary bases, you can visit our affiliate disclaimer generator. It's a professional tool that will help you create a comprehensive and compliant disclosure statement.

Disclaimer

The information in this article is for informational purposes only and should not be construed as legal advice on any matter and does not create a lawyer-client relationship

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