Negative consumer experiences can result in lost consumer goodwill and erode consumer confidence. Ambiguous or unclear hashtags—#spon, #sp, #collaboration—should be avoided. , and must be accompanied by additional proper disclosure hashtags if used. Additionally, the FTC has put merchants on notice that they’re required “to have reasonable programs in place to train and monitor members of their network.“, Though the FTC has failed to outline what reasonable programs entail, Meyer said, “We can glean a little bit of information from the Legacy Learning Systems case. Meyer pointed out that “the merchant is trusting the [affiliate program manager] to run the program following any applicable laws, which would include disclosure compliance.” If the FTC sues a merchant, the merchant could come back on the affiliate management company and sue them for indemnification, depending on the contract between them.

You need to make sure disclosure rules are enforced. Still, I’d opt to use more clearly understood verbiage to ensure I was in compliance. If you recommend or endorse something using an affiliate link, it must be disclosed. Your email address will not be published.

directly on sponsored content. The disclosure must always appear before the first instance of affiliate link, above the fold, without needing to scroll or look past the affiliate link to see it.

Meyer noted that the FTC has yet to address this style of affiliate link promotion, adding, “Because it is a gray area, the best bet is to adhere to the spirit of the guidelines, which is to be honest and not mislead your readers.”. Viewers are more likely to notice disclosures made in both audio and video. FTC DOT COM ONLINE ADVERTISING DISCLOSURE GUIDELINES The Federal Trade Commission enforces consumer protection laws to ensure that products and services are described truthfully online, free of deception and unfair practices as prohibited by the FCT Act. I’d suggest you visit its “What People are Asking” resource and do a Control+F on Windows or a Command+F on Mac for the word “video” to see all of the questions and answers relating to requirements for video disclosures. Do not place hashtags at the end of the description, require users to click “more” to see the disclosure, include disclosure in the comments section only, or hide disclosure among many other hashtags. Sponsored tweets must include #ad or #paid, preferably near the beginning of the tweet. Since this is an ever-changing industry, there are certainly going to be times of uncertainty when it comes to properly adhering to the most current guidelines, so stay tuned for additional updates on this topic. My interpretations are not legal advice but rather a starting point for your own decision-making.”. Whether advertising in print, on radio or TV, or on the Internet, it’s important to disclose the details of the deal up front. Verbally disclosures must come as close to the beginning of videos, podcasts, or other sponsored content as possible. #collab, or #ambassador. Want to work with us on your next campaign? It’s important to reiterate that the FTC — for now — seems to be focusing on the merchants when it comes to disclosure violations. Let's collaborate on influencer marketing and social media stories.

And once something falls under the umbrella of a recommendation or endorsement, disclosure would be required.

Additionally, image-based disclosures must be positioned so they can be seen before the ad. A good rule of thumb is to disclose your partnership right away and every time you are talking about it. If you’re participating in affiliate programs — as an affiliate, a merchant or a management agency — it’s your responsibility to know the requirements. But for now, it appears early access or sneak previews of products are not considered compensation if you didn’t get to keep the item and do not require disclosure.

The murky part is how to disclose that relationship in a way that satisfies the FTC requirements.

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