US: FTC Endorsement Guidelines (§255.4)
The Federal Trade Commission's Endorsement Guides (16 CFR §255.4) require that any "material connection" between an advertiser and endorser be disclosed. In affiliate marketing, this means the commission relationship must be clear before the audience clicks.
What Counts as a Material Connection?
- You receive a commission on sales generated through your link
- You receive free products or samples in exchange for a review
- You have a financial relationship with the merchant (even via a network like Impact or Awin)
- Your employer or family member works for the promoted company
Approved Disclosure Language
The key requirement is clarity and proximity. The disclosure must appear before or adjacent to the first affiliate link. Disclaimers buried in privacy policies do not satisfy FTC requirements.
Platform-Specific Guidance
- Blog posts: Disclosure in opening paragraph or before first affiliate link
- YouTube videos: Verbal disclosure AND description text
- Social media: #ad or #affiliate at start of post body
- Email newsletters: Disclosure in every email with affiliate links
UK: CAP Code & ASA Rules
The UK Advertising Standards Authority (ASA) enforces the CAP Code for identifiable commercial communication including affiliate links.
| Aspect | US (FTC) | UK (ASA/CAP) |
|---|---|---|
| Labeling | "Advertiser," "Sponsored" | "Ad," "Advertisement" |
| Placement | Before first affiliate link | Adjacent to promotional content |
| Social hashtags | #ad in post body | #ad in initial text (not behind "more") |
| Enforcement | FTC (fines up to $50M) | ASA (can ban ad accounts) |
Ready-to-Use Disclosure Templates
Cookies, GDPR & Tracking Consent
Under GDPR (EU/UK) and CCPA (California), you must obtain informed consent before setting tracking cookies.
- Implement consent banner blocking third-party scripts until consent given
- Granular choices: analytics, advertising, and affiliate tracking as separate toggles
- No pre-checked boxes — affirmative action required
- Allow withdrawal of consent as easily as giving it
Affiliate Programme TOS Requirements
- No trademark bidding: Many programmes prohibit bidding on branded keywords
- No coupon site abuse: Some networks restrict coupon sites
- No self-referral: Using your own links is always prohibited
- Email restrictions: Some programmes limit direct affiliate links in email
- Geo-restrictions: Only promote to allowed countries
Quick Compliance Checklist
| # | Check | Status |
|---|---|---|
| 1 | Disclosure appears before first affiliate link | ☐ |
| 2 | Plain English language ("I earn commission") | ☐ |
| 3 | Cookie consent banner active | ☐ |
| 4 | Privacy policy links to disclosure | ☐ |
| 5 | UTM tags on every affiliate link | ☐ |
| 6 | Programme-specific TOS reviewed | ☐ |
| 7 | Social posts include #ad hashtag | ☐ |
The Affiliate Launch Playbook
Step-by-step roadmap from niche selection to scaling your affiliate income.