The post Legal Considerations for Affiliate Disclosure: Affiliate Link Disclosure Example, Best Practices (and how to write one) appeared first on PrivacyTerms.io.
]]>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.
A quick summary of this article's takeaways and tips for creating an 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.
We'll focus on the affiliate disclosure requirements and best practices. Specifically, we'll cover the following topics:
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.
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.
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.
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.
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...
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.
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 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.
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.
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.
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."
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.
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.
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.
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.
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.
To ensure compliance with FTC guidelines, marketers should:
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.
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.
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 Type | Disclosure Guidelines |
---|---|
Blog Posts | Include your disclosure at the beginning of your blog post. Make sure it's easy to find and clearly stated. |
Social Media | Use 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. |
Videos | Include 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. |
Emails | If 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.
here's a list of some affiliate link disclosure examples from around the web:
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.
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.
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.
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.
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]]>Since blogging is not a one size fits all industry, the disclaimers that you will require as a blogger are not one size fits all. Having the correct disclaimers on your blog is an important aspect of limiting your legal liability when you are sharing information online.
But what is a disclaimer? A disclaimer is a legal statement that lets your readers know that you cannot be held liable for the content you are providing and also discloses that you are a part of an affiliate program (if you are).
The most common blog disclaimers include the following:
Let's take a closer look at each of these disclaimers.
A blog disclaimer is a general disclaimer that's useful for personal blogs. It helps minimize legal liability of your website content and lets your readers know that your posts are for informational purposes only. The blog disclaimer states that you are not liable for any injuries or damages for the use of your information.
An example of a personal blog disclaimer is the one below from thenicolepaige.com blog
If your blog contains affiliate links then you must comply with the FTC’s policy and include an affiliate disclaimer. For example as a part of Amazons Associates programs operating agreement you must clearly identify yourself on your site as below.
An example of an affiliate disclaimer can be seen in this example from the Barking Blog
If your blog provides information on a professional topic such as law, medicine, fitness or counselling then you may want to consider adding this disclaimer. A no professional relationship disclaimer lets your users know that your website content is not a substitute for professional advice. It explains that by your readers using your website their is no professional relationship between you and them. Your website content is provided for informational purposes only.
Here is an example of a no professional relationship disclaimer from Be Here and Now
If your blog discusses topics relating to medicine, health, fitness or anything legal then including the appropriate disclaimer on your blog is good practice.
Each of these disclaimers will help reduce legal liability when you are discussing these topics.
The following example is taken from Hague Law Blog
The fair use disclaimer is for use by bloggers who may be using copyrighted material on their blog. In section 7 of US Copyright Law, you are able to use some copyrighted material for educational and teaching purposes. If you use or believe that you may be using copyrighted material then adding the fair use disclaimer to your blog is good practice.
The following has been taken from the Fair Use Disclaimer on the Multiple Chronic Conditions Resource Center website.
As a blogger you are sharing information and your opinions with your readers. A disclaimer does help to limit your legal liability when you are posting content. There are a number of disclaimers that are useful to bloggers and these include a blog disclaimer, an affiliate disclaimer, no professional relationship disclaimer, a fitness, medical or legal disclaimer of appropriate and a fair use disclaimer.
For peace of mind it really is worth adding the appropriate disclaimers to your blog and reducing your chance of legal liability.
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]]>A fitness disclaimer is a legal statement on your website that informs your readers and users that the information contained on your site is for educational and informational purposes only. If your website offers health and fitness content then a fitness disclaimer is advised.
A fitness disclaimer is a legal notice on your website that helps to reduce the incidence of legal liability for informational content surrounding health and fitness. It contains information that informs your readers that the content found on your website is designed for educational and informational purposes only. It states that the information found on your site should not be used as a substitute for professional advice and suggests that you contact your medical professional prior to beginning a new diet or exercise regime.
Like other disclaimers, a fitness disclaimer helps reduce liability should a reader decide to pursue legal action based on your website content.
Although a fitness disclaimer is not mandatory it is advised that your website uses one if you cover these topics.
Any website that contains information on health and fitness should be using a fitness disclaimer, these include the following:
Below are a selection of examples of fitness disclaimers taken from a variety of fitness websites. They show how important it is to include a disclaimer on this type of site.
Below is an example of a fitness disclaimer found on FM Fitness and Nutrition's blog
This is part of the disclaimer found on the website pinkgym.com.
Here is an excerpt taken from the disclaimer of well known tv fitness trainer Jillian Michaels.
Lastly here is the disclaimer found on Fitness Australia (government) website.
Fitness disclaimers are used to help reduce legal liability of a blog or website in case of any legal action. They are advisable for any website that contains information on health and fitness. Sites that should be including a fitness disclaimer are fitness and health blogs, fitness trainer websites, gymnasium websites and government fitness websites.
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]]>A Medical Disclaimer is is a notice on your website that informs your readers that the information you are providing is for informational purposes only. If your website offers articles on medical and/or health tips then it is advised that you include a medical disclaimer on your website.
A medical disclaimer is a legal statement that helps reduce liability for informational content on medical and health topics. It informs users on your site that the information that you are providing is for informational purposes only and does not constitute professional advice.
Like other disclaimers, a medical disclaimer aids in reducing liability should a reader decide to pursue legal action based on your website content.
Although a medical disclaimer is not legally required it is advisable.
Any website that includes health and medical information needs a medical disclaimer. These include:
Below are examples of medical disclaimers taken from various types of medical websites that show the importance of including this type of disclaimer on your website.
Health blog everydayhealth.com includes the following disclaimer on their website:
Below is an example of a medical disclaimer taken from Hospital Hill Surgery website in Scotland.
Below is an example of a Hospital website medical disclaimer from Mass General Hospital in Massachusetts U.S.A.
Pharmaceutical giant Pfizer include this medical disclaimer in their website:
The American Medical Association (aka the AMA) has a website that contains information on health and medical topics. The following disclaimer can be found on their website:
Medical disclaimers, like all disclaimers, help to reduce the liability of a website in the case of legal action. Medical Disclaimers are useful for any website that contains information regarding medical and health topics. These include medical blogs, government medical websites, medical center websites, pharmaceutical websites and websites belonging to hospitals.
Our disclaimer generator contains a lawyer drafted medical disclaimer, which will help to reduce legal liability for your website.
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]]>A website disclaimer is a legal statement that helps reduce legal liability for the website that displays it. It identifies areas of your business or website that could create some confusion or misinterpretation from your users and helps to protect the content and services you provide.
Firstly, recognise your need for a disclaimer. If you provide products, services or both then you are going to require a disclaimer. Products are easily identified but services may be more difficult to identify. A service can be providing information, such as articles or other media, or providing assistance such as IT, financial services or medical services.
Once you recognise the need for the disclaimer, then you will need to give thought to the type of liabilities you might face. If you have any written content on your website, you may face being held liable for the information you have provided. If you sell a product you may face customers claiming they were injured by that product. If you allow comments on your website or social media page you will need to add a disclaimer removing any liability of users content.
Your written and media content is owned by you, this is your intellectual property and as such you would want to include an intellectual property disclaimer. You may also want to protect your logo and any symbols or words that identify your business. Often the copyright and intellectual property disclaimers are found in your terms and conditions agreement.
We are going to take a look at a host of disclaimers than can be useful in helping reduce legal liability for you and your website. You will find that there will be a number of them that will be suitable for your circumstances and that by combining them all in your disclaimer statement you will effectively cover yourself.
The disclaimers that we are looking at can all be found on our disclaimer generator and they are:
The consent disclaimer is one that every website should have. It is a general disclaimer outlining no liability for any damages in connection with your website.
The content disclaimer is used for websites which allow comments from users. It removes any liability and responsibility from you in connection to whatever your users have written.
Most websites contain links to other websites as a reference. Having an external links disclaimer explains to your users that you do not endorse or assume any responsibility for the information that is found on the third party website.
The U.S. Dept of Defense's external links disclaimer is a great example of this type of disclaimer.
If your website provides information on a professional topic such as law, medicine or fitness, then you may want to add this disclaimer. The no professional relationship disclaimer explains to your users that your website content is not a substitute for professional advice and that by using your website their is no professional relationship between you and your user. Your website content is provided for informational purposes only.
A counseling website like the K5 Counseling website is a good example of the kind of professional website that requires a no professional relationship disclaimer.
The investment disclaimer removes any liability or responsibility from you for providing information relating to investment analysis, news or any other investment related data.
If your website deals in this topic then you are going to want to include this disclaimer.
Stockopedia have included a No Investment advice disclaimer on their disclaimer page. This is a great example of type of website that would want to include an Investment disclaimer.
If your website contains affiliate links then you must comply with the FTC's policy and include an affiliate disclaimer.
As part of the Amazon Associates Program Operating Agreement you are required to identify yourself as an associate and disclose that you earn money from purchases made through your affiliate links.
Below is an example of a good website affiliate disclosure disclaimer from the website Preppers.com
The reviews disclaimer is useful for any site that reviews products, services or other resources. It outlines that the reviews are opinions of the author and that the products or services that are being reviewed may be given to the you at a discounted price or for free in exchange for the review. It also discloses that any incentives will be made known to the reader.
A small but effective review disclaimer can be seen in the below screenshot from product review alliance.
An earnings disclaimer is a useful addition to your disclaimer page if you are a website that reports the earnings of any of your clients or customers who use your information, products or services. Using positive examples of your services working with other customers does not indicate the success of each individual customer and expressing this via a disclaimer is important.
Earnings Digital, a website dedicated to all things to do with making money online has a thorough earnings disclaimer.
Does your website have testimonials from users who love your product or service? If not are you planning on adding some of these? If you said yes to either of these questions then a testimonials disclaimer is an important additions to your website legal products.
The testimonial disclaimer explains that just because that user had that experience, it may not necessarily represent the experience of all users.
Below is the testimonial disclaimer from a weight loss company "idealshape".
As you can see idealshape have expressed in their testimonial disclaimer that individual results may vary and that the testimonial results are not necessarily representative of everyone using their products.
If your website offers fitness, health or nutritional information, you should consider adding the fitness disclaimer. The fitness disclaimer explains that your information is for educational purposes only and shouldn't be substituted for professional advice. It also helps limit any liability by suggesting that you consult your health care professional before beginning any fitness program.
FM Fitness and Nutrition offer a great example of a fitness disclaimer.
Does your website offer any information on medical topics? If so it's important that you add a medical disclaimer to your legal documents.
The medical disclaimer will assist you in reducing any liability for the use of content on your site. Once again it should be stated that it is not a substitute for professional medical advice and advise users to seek medical attention immediately in the case of a medical emergency.
The DanneMiller website adds this medical disclaimer:
The legal disclaimer is a must have for any website that deals in any legal subjects. You need to ensure that your users are aware that there is no lawyer-client relationship between the two of you. It should also be noted that the content provided is only for informational purposes.
Here is an example of a legal disclaimer from Law Depot:
The social media channel disclaimer is a brief general disclaimer covering videos podcasts or other media you publish. It covers they are your copyrighted material.
Do you publish a Google Map on your website for directions? If so then you may wish to add this map disclaimer. It removes any idea that you have any opinion regarding anything that is shown on the map on your website.
Do you run a personal blog? Do you write informative articles which include your opinions or views? Yes? Then add a blog disclaimer to your website.
The blog disclaimer will help to minimize any legal liability with your website content and let your readers know that your posts are for informational purposes only. You are not liable for any injuries or damages for the use of your information.
Taipan Brokers website has added a Personal Blog disclaimer which covers this.
If your website sells any products then it's advisable to add a product disclaimer which limits your legal liability with the products. It should also state that the use of the product is at the users own risk.
Microchips website has a product disclaimer that outlines the necessary information so that their customers understand that the purchasing and using of the products is their own responsibility.
The price inaccuracies disclaimer is useful for websites that sell products. It covers you in the event that prices on your website are incorrect and then you are not obliged to sell them to your customer at the erroneous price.
A lot of websites embed YouTube videos in their posts on on their pages. If you are using content from YouTube, that is not your own, or you are using your own YouTube videos then having this disclaimer is helpful.
The YouTube video disclaimer lets your users know that the video is under YouTube's terms of service agreement and not yours, as the video is hosted on YouTube's servers. It also outlines that the content is not yours, in the case of using others content.
If it's your own content then it is still of use as it explains that the related links that are suggested by YouTube are not your responsibility.
A fair use disclaimer clarifies that your website may contain material that you do not own the license to. You believe the use of copyrighted material on your website constitutes fair use. It also needs to specify section 107 of the US Copyright Law.
If you are using any copyrighted work then under the fair use act you are required to have a fair use disclaimer on your website.
The personal responsibility disclaimer is a general disclaimer, useful for all websites. It outlines that the person using your website is doing so voluntarily and that any actions they take are their own responsibility.
Disclaimers are a useful addition to any website. They help reduce legal liability in a number of areas that are not included in the terms and conditions agreement.
Disclaimers are generally short paragraphs that is intended to protect the content and services of your website.
Our disclaimer generator offers all of the above mentioned disclaimer statements. Some of the more generic ones are free, while there is a small charge for the more specialized ones. Our disclaimers were drafted by a lawyer, so you can feel secure knowing that your business has a solid disclaimer.
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]]>A website disclaimer is a statement that reduces legal liability for your company. It helps to protect the services you are providing and the information you are sharing on your site. It identifies areas of your business that may be misunderstood by your users and lets them know you will not be liable for any misunderstandings. You are also informing users that you will not be help responsible for any damages incurred by the use of your information or services.
The answer to this question is definitely not a one size fits all. It depends what type of website or business you are running as to what clauses need to be included in your website disclaimer. If for instance you are a health blog, your disclaimer will not be that same as an e-commerce website selling multiple products. So let's take a look at what types of clauses might be included in your website disclaimer:
A website disclaimer greatly limits your risk of liability. You have done your best to provide accurate, up to date content, but no matter how careful you have been there is always the chance of errors in your information. A website disclaimer informs the user that there may in fact be errors on your site.
By stating that the information found on your website is for informational purposes only and does not constitute professional advice, then any person who may act on it are doing so at their own risk.
A website disclaimer that warns your reader that the information provided is not intended to be or replace legal or financial advice is mitigating your risk and potential liability.
Basically any website that doesn't have a disclaimer is leaving themselves vulnerable to legal issues and possible lawsuits. While having a disclaimer won't stop you having legal action taken against you, it will certainly help mitigate the risks.
There are a few ways in which you can display your disclaimer. The most popular way is to have a hyperlink in the footer of your homepage, which then takes your users to another page which displays your disclaimer. You can also incorporate it into your Terms and Conditions, which your users need to agree to before using your website or service. Whichever way you choose to display your disclaimer just ensure that it is easily visible to your users.
So now you understand the importance of having a website disclaimer, you are probably wondering where to get one from. There are a few options, you can research and write one yourself, which is both time consuming and may leave you feeling as if you are not covered sufficiently. You can pay to have a lawyer draft a disclaimer for you, which is costly. Lastly you can use a disclaimer generator, which is both cost effective and time efficient. Just click this link to use our free and easy to use website disclaimer generator.
Although a disclaimer is not a legal requirement, it makes good sense to limit your liability by including one on your website. Make sure your disclaimer is visible, that it includes clauses that cover the type of website or business you are running and that it is fair. Not having a disclaimer is leaving your business and website vulnerable to legal action and you want to do everything you can to safeguard your investment.
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