If you earn money from a recommendation, your audience should know. Clear disclosures are a legal expectation and good for trust.
Main points
- The FTC’s Endorsement Guides say a material connection, such as an affiliate commission, should be disclosed.
- Disclosures should be clear and conspicuous: easy to notice, read and understand.
- Put disclosures close to the recommendation or link, not only on a separate page.
- An FTC rule bans fake reviews and testimonials, with civil penalties for violations.
In the United States, the Federal Trade Commission (FTC) expects anyone who earns money from a recommendation to tell their audience. For affiliates, that means disclosing commissions.
When to disclose
The FTC’s Endorsement Guides focus on “material connections”: relationships that could affect how people judge a recommendation. Common examples:
- commissions from affiliate or CPA links
- free products or services
- payments or sponsorships
- business or family relationships with the brand
What “clear and conspicuous” means
| Good practice | Avoid |
|---|---|
| Plain words, such as “I earn a commission if you buy through this link” | Vague terms like “partner” alone |
| Near the link or recommendation | Only in the footer or on a separate page |
| Visible without clicking or scrolling | Hidden behind “more” links |
| Spoken in videos and visible on screen | Only in the video description |
Pro tip
Put a short disclosure at the top of any page with affiliate links, then link to a full disclosure page for details. Readers see it before they click.
Reviews and testimonials
Since October 2024, an FTC rule has banned fake reviews and testimonials, including reviews by people who don’t exist or never used the product, and buying positive reviews. Violations can bring civil penalties.
Compliance alert
Don’t invent results, write reviews for products you haven’t assessed or imply an endorsement that doesn’t exist. Advertisers can also be held responsible for what affiliates say.
Making disclosures a habit
Build disclosures into your page templates and checklists so they’re never forgotten. Keep a record of the offers you promote and the claims you’re allowed to make. Our guides to choosing a network and consent rules in lead generation cover the other compliance basics.
Frequently asked
Is a disclosure page enough?
A dedicated page helps, but the FTC expects a disclosure near the endorsement itself, where people will see it before acting.
Do hashtags like #ad count?
They can, if they’re clear and noticeable. Ambiguous tags or disclosures buried among many hashtags may not be enough.
Does this apply outside the U.S.?
Other countries have similar rules, such as the UK’s advertising codes. If your audience is international, follow the rules where your readers are.
This article is general information for marketers, not legal advice. Advertising, privacy and consumer protection rules vary by country and change over time, so check the current rules and your network’s terms, and get legal advice where needed before running campaigns.