
The US Federal Trade Commission requires clear and conspicuous disclosure when content includes affiliate relationships. The rules are specific; non-compliance produces enforcement risk.
The compliance approach is straightforward but easily overlooked.
The disclosure must appear before the affiliate links, not after. Users should know about the relationship before encountering it.
"This post contains affiliate links" at the top of the article meets the requirement. Burying the disclosure in the footer doesn't.
The disclosure must be "clear and conspicuous." That means readable; not buried; not in tiny text.
Same font size as body text; visible without scrolling; near the affiliate content.
Tiny text or color-on-color text that's hard to read doesn't qualify as conspicuous.
Clear language. "This post contains affiliate links" is direct. "I may be compensated for purchases made through links in this article" is also clear.
Vague language that obscures the relationship doesn't comply. "Sponsored content" is not the same as affiliate disclosure.
For sites with mixed affiliate and non-affiliate links, per-link disclosure adds clarity. "[Buy on Amazon (affiliate)]" makes the relationship specific to each link.
The per-link disclosure isn't strictly required if the top-of-article disclosure is clear enough. It's an additional measure for transparency.
Reviews of products you're affiliated with should be honest. The schema markup for Review type implies honest evaluation.
Fabricated reviews violate both FTC rules and Google's quality guidelines.
If the product has issues, the honest review mentions them. Glowing reviews that obscure issues damage credibility and create legal exposure.
Affiliate relationships and sponsored content are different. Both require disclosure but different language.
Affiliate: you earn commission from sales referred via your link.
Sponsored: a brand paid you for the content directly.
The disclosure should match the actual relationship.
If affiliate cookies are placed on visitors' browsers, this is data collection that may need disclosure under GDPR.
Cookie consent banner should mention affiliate cookies; privacy policy should explain the data collection.
Affiliate disclosure is legal compliance, not marketing copy. The disclosure should be clear, prominent, and accurate.
For sites with affiliate content that hasn't been audited for compliance, the audit is worth doing. The exposure is real; the fix is mechanical.
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