FTC Compliance Checklist for Affiliate Marketing

Overview

The Federal Trade Commission (FTC) requires clear and conspicuous disclosures when there's a material connection between an endorser and a brand. This checklist helps merchants and affiliates review their disclosures against the FTC guidelines. It is informational only, not legal advice.

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For Merchants: Program Compliance

Affiliate Agreement Requirements

• Disclosure requirement - Agreement explicitly requires affiliates to disclose the relationship
• FTC reference - Agreement references FTC guidelines or links to official guidance
• Truthful claims - Agreement prohibits false or unsubstantiated claims
• Testimonial guidelines - Clear rules about what affiliates can/cannot say
• Monitoring obligation - You have processes to monitor affiliate compliance
• Termination clause - Can terminate affiliates for compliance violations

Training and Resources

• Disclosure examples - Provide affiliates with sample disclosure language
• Guidelines document - Share written compliance guidelines
• Training materials - Offer onboarding that covers FTC requirements
• Contact for questions - Affiliates know who to ask about compliance
• Regular reminders - Periodic communications about disclosure requirements

Monitoring and Enforcement

• Content review - Regularly review affiliate content for compliance
• Disclosure verification - Check that disclosures are present and adequate
• Claim verification - Ensure product claims are truthful and substantiated
• Warning process - System for warning non-compliant affiliates
• Termination process - Procedure for removing repeat violators
• Documentation - Keep records of compliance efforts

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For Affiliates: Content Compliance

Disclosure Placement

• Visible location - Disclosure is easy to notice
• Before links - Disclosure appears before or near affiliate links
• Above the fold - Readers see it without scrolling when possible
• Every post - Each piece of content with affiliate links has disclosure
• All platforms - Disclosures on website, social media, email, video, podcast

Disclosure Language

• Clear language - Uses terms average consumers understand
• Explicit relationship - Clearly states you may earn commission
• Not hidden - Not buried in hashtags, fine print, or end of content
• Readable - Adequate font size and color contrast
• Appropriate medium - Video has verbal disclosure, audio has spoken disclosure

Platform-Specific Compliance

Website/Blog:

• Dedicated disclosure page exists
• In-content disclosures in each affiliate post
• Sidebar widget or banner (optional but helpful)

Social Media:

• #ad or #sponsored on promotional posts
• Platform's paid partnership tools used when available
• Disclosure at beginning of caption (not buried in hashtags)

YouTube:

• Verbal disclosure within the video
• Written disclosure in video description
• YouTube's "includes paid promotion" box checked

Podcast:

• Verbal disclosure during episode
• Written disclosure in show notes
• Disclosed for each episode with affiliate content

Email:

• Disclosure in header or near affiliate links
• Clear language about potential commissions

Truthful Endorsements

• Honest opinions - Only share genuine experiences and opinions
• Actual use - Only endorse products you've actually used (or clearly state otherwise)
• Substantiated claims - Don't make claims that aren't supported by evidence
• No fabrication - Never invent results or experiences
• Typical results - If showing results, they reflect typical consumer experience
• Updated content - Old endorsements are updated if opinion changes

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Disclosure Audit Checklist

Use this checklist to audit your existing content:

Website Audit

Page/Post	Has Disclosure?	Visible?	Clear Language?	Action Needed
[URL 1]	Y/N	Y/N	Y/N
[URL 2]	Y/N	Y/N	Y/N
[URL 3]	Y/N	Y/N	Y/N

Social Media Audit

Platform	Post	Has #ad or Disclosure?	Action Needed
Instagram	[Post description]	Y/N
TikTok	[Post description]	Y/N
Twitter	[Post description]	Y/N

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Common Compliance Mistakes

❌ Inadequate Disclosures

Wrong	Right
"Thanks to brand for this product"	"Ad: Brand sent me this product" or #ad
Disclosure only on About page	Disclosure in each piece of content
#sponsored buried among 30 hashtags	#ad at the beginning
Small gray text on gray background	Clear, readable text
"SP" or "Spon" abbreviations	Full words: "Sponsored" or "Ad"

❌ Problematic Claims

Wrong	Right
"This product cures..."	"This product may help with..."
"Everyone sees results in 1 week"	"I noticed results after using for 2 weeks"
"Guaranteed to work"	"Worked well for me"
Fabricated testimonials	Genuine customer experiences

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FTC Enforcement: What's at Risk

For Affiliates:

• FTC warning letters
• Civil penalties up to $50,120 per violation
• Required corrective advertising
• Public enforcement action (reputational damage)

For Merchants:

• Liability for affiliate misconduct if inadequate oversight
• Civil penalties
• Required compliance programs
• Consent orders with ongoing reporting requirements

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Quick Reference: Disclosure Do's and Don'ts

DO:

✅ Disclose at the beginning of content ✅ Use clear, simple language ✅ Disclose in every piece of affiliate content ✅ Use platform-specific tools when available ✅ Make disclosures visible and prominent ✅ Train affiliates on requirements ✅ Monitor affiliate compliance regularly

DON'T:

❌ Bury disclosures at the end ❌ Use vague or unclear language ❌ Assume one disclosure covers all content ❌ Hide disclosures in hashtag strings ❌ Use tiny, low-contrast text ❌ Ignore affiliate compliance issues ❌ Make unsubstantiated product claims

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Resources

Official FTC Guidance:

• FTC Endorsement Guides
• Disclosures 101 for Social Media Influencers

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How to Use This Checklist

1. Initial audit - Go through each item for your current program/content
2. Fix issues - Address any non-compliant items found
3. Implement processes - Create systems to maintain compliance
4. Regular reviews - Audit quarterly or when FTC updates guidelines
5. Document everything - Keep records of your compliance efforts

For Merchants Using LinkJolt

LinkJolt helps you maintain compliance by:

• Providing affiliate agreement templates with FTC language
• Tracking affiliate performance to identify potential issues
• Sending automated reminders about disclosure requirements
• Making it easy to manage and communicate with affiliates