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Affiliate marketing compliancy

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Affiliate marketing has recently fallen under close scrutiny by the Federal Trade Commission (FTC). The FTC is an independent agency of the US government established to monitor and police consumer protection.

In the recent years, the FTC has taken a strong stance against affiliate marketing and has issued multiple affiliates, networks and merchant with court cases. It is your job to ensure that you are compliant with the FTC’s laws as strictly as strictly as possible. You as an affiliate are solely responsible for your campaigns and practices.

You can read up on the latest movements and laws from the FTC by clicking here.

Here are a few essential rules to abide by when creating your campaign.

False Advertising
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Nothing can be fake or false. You can no longer use fake review or news sites promoting false reviews of your products or offers. Everything you place on your landing page, copy or anywhere else must be 100% truthful and not made up. For example, you couldn’t place a positive review from “Mr. Smith” about your affiliate product on your landing page unless “Mr. Smith” exists and you have proof he wrote the review.

Misleading Models
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You have to state the exact model or payment process as it is for your campaign. For example, you can’t advertise a free trial offer saying they will never be billed if in fact, weeks after the trial is finished, they ARE billed for the product. Always state exactly what the payment and offer entail and don’t miss out key facts and figures on your landing pages.

Disclosure
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The FTC states that if marketers endorse products, they MUST enclose that they’re receiving a commission or payout for their endorsement. For example, I couldn’t “tweet” that I loved a product without stating it was an advertisement – if I was being paid for the “tweet”.

Testimonials
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Any endorsement or testimonial that reflects an opinion by an individual of your product or offer must be disclosed and also 100% legit. Just like the false advertising, you have to be able to prove that what these testimonials say is completely truthful. Any testimonials used must be real and honest and you must disclose that they are testimonials.

Design Factors
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All disclosures must be fully responsive on all devices and browsers. Having a disclosure that’s hidden on mobile or tablet screen resolutions isn’t good enough. You must clearly state any disclosures on all devices and screen resolutions.

Just note that the above was not written by a lawyer and is only our interruption of the FTC guidelines. If you need serious legal advice please contact a qualified lawyer.
 

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