What the FTC Requires From Affiliates…
This is one of the most talked about topics in the different marketing spaces all around the globe.
December 1st 2009 marks the day the FTC officially starts hunting to lay down a "can of whoop ass" on every online marketer who breaks their new revised guidelines.
In the next couple of days there are going to be some changes here at AffiliateTeachings.com with regards to disclosures in various sales documents (from the perspective of a merchant).
In this article I’m going elaborate on the FTC guidelines for affiliate marketers.
Now I’m going to make the following very clear before I start:
I am not a lawyer and you should not take this advice without consulting a licensed lawyer in your area. I’m not a legal advisor and in no way should my advice be taken as sound legal advice. I’m simply providing my opinion on the matter.
What the FTC wants from YOU (as an affiliate):
1. Everything you say about the product must be based on your own personal experience.
(There can be no opinions from an outside party.)
2. You must disclose how you obtained the product and how you came to review it -
- Did you buy the product?
- Did you get it for free?
- Are you getting paid to review it?
3. You must disclose your relationship with the company and product.
Here is an example:
"Product XYZ has been given to me by COMPANY X. The following review will be one based on my own experience. COMPANY X have a compensation program for existing customers. I will be compensated for any sales generated through this recommendation. This is an honest review and you have the opportunity to decide for yourself whether this is right for you. The results achieved in this review is unique to me and not typical. I cannot guarantee that you will achieve the same results."
4. You must state a disclaimer that your results are not typical
The FTC requires you to either give typical results (which requires a lot of financial investment to do deep research) or simply tell the reader that the results are not typical and that no promises are made for results.
Be safe
Reinhardt
Filed under: Legal
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6 comments
Is this something you’ll be adding to your PPC websites that promote a certain product?
Do you think we need to add the info if we don’t have any testimonials at all on our sites? Like if we just describe the product?
Hi Ray
Yes you will need to add this to ANY affiliate promotion you are doing.
99% of affiliates don’t have testimonials on their reviews.
You still need to disclose everything.
You need to tell the reader you are an affiliate and that you are being compensated for every referral.
Regards
Reinhardt
Do we have to add any special disclaimer to opt-in pages?
Will these new FTC rules change email marketing if we have a list? Will we have to add any special disclaimer in our emails we use to promote a product?
Hi Seth
If you use email templates from merchants and it contains testimonials with results, then I would be very careful.
Also if you write your own emails and it includes affiliate links, I’m sure you have to disclose it in the email. It’s all digital and you are still marketing online.
Regards
Reinhardt
Do I have to comply with this when I am located in Germany and have my hosting done in England?
Thanks,
Oliver
Hi Oliver
If you don’t do any marketing in the U.S then you are fine.
The problem arises when you have hosting in the U.S, market your products to U.S customers etc…
To be safe, just comply with the standards regardless.
Regards
Reinhardt