legal compliance
FTC Guidelines
US federal rules requiring affiliates to disclose paid relationships — with per-violation penalties.
What is FTC Guidelines?
FTC guidelines in affiliate marketing refers to the Federal Trade Commission's Endorsement Guides — the regulatory framework that requires anyone who earns compensation for recommending a product to disclose that material connection clearly and conspicuously to their audience.
Importance of FTC Guidelines
FTC guidelines are the legal foundation of compliant affiliate marketing in the United States. Non-compliance is not a technical risk — it is a legal one. Civil penalties can reach $51,744 per violation, with each undisclosed piece of content counted as a separate violation: ten non-disclosed articles can trigger a potential penalty exceeding $500,000. The FTC has expanded enforcement to micro-influencers, AI-generated content, and affiliate links across all formats. The Endorsement Guides were last revised in 2023 with a new explicit definition of 'clearly and conspicuously,' and in August 2024 the FTC added a Final Rule specifically prohibiting fake consumer reviews and testimonials — both directly affecting affiliate content publishers.
FTC Guidelines In Practice
The FTC's core requirement is that any material connection between an affiliate and a merchant — commission payments, free products, discount codes, or any other compensation — must be disclosed in language that is clear, conspicuous, and placed where consumers will see it before engaging with the recommendation. 'Clearly and conspicuously' is a performance standard, not a font size rule: a disclosure consumers are unlikely to notice, read, or understand fails the standard regardless of whether it technically appears in the content. Four specific FTC positions matter for content affiliates: First, 'affiliate link' alone is likely insufficient — many consumers do not know what an affiliate link means. 'I earn a commission if you purchase through this link' satisfies the standard; 'commissionable link' is explicitly cited by the FTC as inadequate. Second, a disclosure at the bottom of a post does not cover links that appear before it — the disclosure must be proximate to the recommendation. Third, a general disclosure page linked from the footer does not satisfy the per-content standard. Fourth, platform built-in tools such as Instagram's 'Paid Partnership' label may be insufficient alone — affiliates should add plain-language disclosure in the content body itself.
FTC Guidelines Best Practices
- →Place a disclosure at the very top of every piece of content containing affiliate links — before any recommendation, before any affiliate link, and before the reader could act on your content.
- →Use plain language any reader understands: 'This article contains affiliate links. I earn a commission if you purchase through them, at no extra cost to you.' Not 'affiliate links,' not 'commissionable links,' not jargon requiring industry knowledge to decode.
- →Treat every piece of content as requiring its own disclosure — a disclosure in one article does not cover another, a video description disclosure does not cover the verbal script, and a site-wide privacy page disclosure does not satisfy the per-content standard.
- →Apply the same standard to email newsletters, social media posts, YouTube descriptions, and podcast show notes — the format does not change the obligation; any material connection and recommendation triggers disclosure.
- →Do not suppress or cherry-pick reviews — the FTC's August 2024 Final Rule prohibiting fake consumer reviews applies to affiliate content that fabricates, suppresses, or implies false editorial independence while commercially motivated.
Example of FTC Guidelines
An affiliate publishes a Moosend review with three affiliate links. Compliant approach: the article begins with 'Disclosure: This article contains affiliate links. I earn a commission if you sign up through my links, at no additional cost to you.' — placed before the first link, in readable font, not grey text on grey background. Non-compliant approach: a note at the bottom of the article saying 'commissionable links included' — the FTC explicitly cites this phrasing as insufficient, and placing it after the links fails the proximity standard. A third non-compliant variation: a disclosure page on the site accessible from the footer, with no disclosure on the article itself — readers may never see it.
Related Terms
Related Tools & Services
- Moosend Affiliate Program — Example program used to illustrate compliant vs non-compliant FTC disclosure in affiliate reviews
Programs in Our Directory
Product Reviews
Frequently Asked Questions
What are the FTC guidelines for affiliate marketing?
The FTC requires any affiliate earning compensation for a product recommendation to disclose that material connection 'clearly and conspicuously' — in language an average consumer would notice, read, and understand, placed where they will see it before engaging with the recommendation. The guidelines apply to blog posts, social media, email, video, and podcasts. Civil penalties for non-compliance can reach $51,744 per violation, with each undisclosed piece of content counted separately. The Endorsement Guides were revised in 2023; a rule prohibiting fake reviews was added in August 2024.
Does saying 'affiliate link' satisfy FTC disclosure requirements?
Likely not on its own. The FTC has noted that many consumers do not know what 'affiliate link' means — if the disclosure requires industry knowledge to interpret, it fails the 'clear and conspicuous' standard. The FTC has also explicitly stated that 'commissionable link' is inadequate. Plain language works: 'I earn a commission if you purchase through this link' or 'This post contains affiliate links — I may earn a small commission' meets the standard where 'affiliate link' or 'commissionable link' alone does not.
Does a disclosure page on my site cover all my affiliate links?
No. A site-wide disclosure page does not satisfy the FTC's per-content requirement. The FTC standard is that the disclosure must appear in the specific content where the recommendation and affiliate link appear — not on a separate page readers would have to navigate to. Each article, email, video, and social post containing affiliate links needs its own disclosure, placed before or proximate to the recommendation, where a reader of that specific piece of content will see it before clicking.