How to Use Affiliate Disclosures Legally

 

Affiliate marketing is a lucrative income stream for bloggers, influencers, and e-commerce businesses. 

Disclosure is not only the ethical thing to do it's legal. 

Whether you're writing a review of a product on a blog post, YouTube video, or social media post, using affiliate disclosures legally is key to building trust with your audience and adhering to guidelines like the FTC rules.

In this complete guide, you'll learn what affiliate disclosures are, the reason why they're necessary, where and how to place them, and how to avoid making common mistakes.

What Is an Affiliate Disclosure?

An affiliate disclosure is a disclosure that informs your readers that you may make money from a commission if they click on a link and purchase something. 

It's a way of being transparent about your affiliation with the goods or services you're promoting.

For example:

"This post includes affiliate links. If you purchase through these links, I might earn a small commission at no extra cost to you."

This brief statement informs that the suggestion might be influenced by a monetary relationship and provides users with the opportunity to make an educated decision.

Why Affiliate Disclosures are Important:

#1 Compliance with the Law:

In the US, the Federal Trade Commission (FTC) requires affiliate relationships to be transparent. 

Failure to do so can result in warnings, fines, or penalties not only for the affiliate, but the company of the product too.

Such regulations apply to:

• Blogs
• YouTube videos
• TikTok, Instagram, Facebook posts
• Emails and newsletters
• Podcasts

Other countries have similar rules, such as the CMA within the UK, EU directives, or Canada's Competition Bureau.

#2 Building Trust:

Consumers are clever now. 

If you have an audience that thinks that you're hiding a marketing agenda, they won't take your recommendations seriously. 

Credibility is, however, established through transparency and how much you trust honesty.

#3 Ethical Content Creation:

From an ethical standpoint, the display of affiliate links is the right thing to do. 

You're being open about the potential reward you can gain and providing users with the power of decision-making with full knowledge.

Where to Place Affiliate Disclosures:

Correct placement is just as important as the language. 

In order to comply with FTC and other requirements, disclosures must:

#1 Be Clear and Conspicuous:

The disclosure must be up front, not stuck in the footer or at the back of a link.

For blog posts:

Place the disclosure before the first affiliate link

Place it at the top of the post, especially if the whole article contains affiliate links

Example:

"This article contains affiliate links. If you click through and make a purchase, I might earn a commission at no extra cost to you." 

For videos:

Say it at the start of the video (first 30 seconds or so)

Add it to the video description or display it as text

For social media:

Reveal within a few words of the caption

Use simple language like #ad, #affiliate, or "affiliate link" instead of vague language like #sp

How to Write a Good Affiliate Disclosure:

The key to a good disclosure is that it's:

• Clear: Don't use legal jargon
• Direct: Don't be shy
• Honest: Don't hide or deceive

Here are some effective disclosure examples:

Short and sweet (for blogs):

"Disclosure: This post contains affiliate links. I may earn a small amount if you purchase through them."

More personal:

"Some of the links below are affiliate links, so I will earn a commission if you shop through these links. I only support products that I use and adore."

For YouTube videos:

"This video includes affiliate links. If you click and buy, I might make a small commission."

For social media:

"Affiliate link I will receive a small commission if you shop through this link. #ad"

Always make your disclosure fit the platform and content type.

Best Practices for Placing Affiliate Disclosures:

#1 Be Honest, Not Salesy:

The aim of a disclosure is to notify, not persuade. 

Avoid getting too sales-y with your disclosures remain objective and fact-based.

#2 Be Clear and Simple:

Your reader shouldn't need a lawyer to decipher your message. 

Say it in simple terms: "I get paid if you buy."

#3 Repeat Disclosures Where Needed:

If your post is long or contains several affiliate links scattered along, it's a wise idea to say the disclosure several times. 

Place a reminder toward lower links in the post.

#4 Avoid Hiding Behind Popups or Footnotes:

Disclosures hidden within dropdowns, footnotes, or behind symbols do not make the cut under FTC standards. 

They must be in your face.

#5 Customize to the Platform:

• Blog: Put disclosures at the start and near affiliate links.
• YouTube: Say it in the video and in the description.
• Instagram: Put "#ad" or "affiliate" at the beginning of the caption.
• Email: If your email contains affiliate links, say it sooner than later, ideally towards the top.

Avoid These Common Mistakes:

Using Vague Language:

Saying "Thanks to our partners" or "We might be compensated" is too vague. 

You need to expressly state that you have a commission through affiliate links.

Hiding the Disclosure:

Putting it at the absolute bottom of your content or even just on your About page isn't sufficient.

Relying on Hashtags Alone:

Hashtags like #affiliate or #ad can help, but they are not enough by themselves unless where clearly in sight at the beginning of a post or caption.

Assuming Everyone Knows:

Even if your audience knows about affiliate marketing, new visitors might not. 

Always disclose better to over-disclose than under-disclose.

What About Review and Comparison Posts?

When you're posting reviews or product comparisons that include affiliate links, disclosures are even more crucial. 

You're influencing buying decisions, so transparency must be up front and transparent.

Example:

"This comparison includes affiliate links. 

I may receive commissions if you purchase through them. 

My opinions are based on personal experience and research."

If you're reading something that was sent to you for free, you want to report that too:

"I got this product for free from [Brand], but these are my thoughts anyway."

Updating Old Content:

If you've put affiliate links on old content or blog posts, don't forget to:

• Add or modify the disclosure
• Put it in a visible location towards the top
• Make sure the links work and go to the correct products

Maintaining your content in compliance retroactively is just as crucial as having it from the start.

In conclusion Disclosures for affiliates are not merely a legal technicality they're a great way to show integrity and gain the long-term trust of your readers. 

By being transparent about your affiliation with brands, you're showing readers that you respect them and their right to make an educated decision.