Is Your FTC Disclosure Policy Ready? Happy December 1st

Tuesday, December 1st, 2009 at 10:35am by Linda Buquet

I hope by now everyone is up to speed on the FTC’s new disclosure guidelines for bloggers and affiliates. Do you have a disclosure policy prominently displayed on your blog or site? Have you gone over any review copy and testimonials you have posted with a fine tooth comb to be sure they’re compliant with the new FTC guidelines?

The new guidelines go into effect today, so in case you are behind the 8 ball, here are some quick tips and tools to help you get in compliance.

Background on the guidelines and previous 5 Star articles on the topic. Includes links to articles and a webinar from Joel Comm’s attorney.

Free Webinar – Q & A with the FTC about Bloggers, Affiliates, Advertisers and more. Jim Edwards interviews Richard Cleland of the FTC.

FTC on Guidelines, Affiliate Disclosures, Compliance Geno over at the AM Navigator blog did a really good overview of the webinar above. Visit his link for important details regarding affiliate disclosure.

Today’s The Day – Tips To Make Your Landing Pages FTC Compliant Richard at SuperAffiliateTwins gave some good tips today about reviews and testimonials on your landing pages.

Disclosure Generators: DisclosurePolicy.org lets you select various options to help you customize a disclosure policy for your site, based on your unique situation. Cmp.ly offers 6 different disclosures so you can pick one based on your needs and use it easily in social media like Twitter and Facebook.

*Advertising Disclosure Policy*

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#1 Geno Prussakov wrote on December 1, 2009 :

Thank you for the mention (and kind words), Linda. Much appreciated.

#2 James Basic wrote on December 1, 2009 :

Technically you aren’t complying correctly. The disclosure is supposed to be on every page that you link out to the affiliate merchant on. It’s also supposed to be above the first affiliate link.

#3 Linda Buquet wrote on December 1, 2009 :

Hi James,

I’m not complying correctly? I have nothing to disclose as I’m not being paid for this post. But still, I have my disclosure on every page at the bottom clearly market with a *. Plus there is a link above the fold on every page at the top of my right sidebar under blog navigation.

“It’s also supposed to be above the first affiliate link.”

I don’t have any affiliate links. But to be sure I’m clear… where did you read that disclosure is “supposed to be above the first affiliate link?”

I haven’t seen that anywhere. In the interview with Richard Cleland of the FTC, according to Geno, affiliate links don’t even need to be disclosed if they are straight affiliate links. Only if they are in reviews or endorsements. If it were me though to be on the safe side I’d have affiliate disclosures on every page just in case.

#4 Geno Prussakov wrote on December 1, 2009 :

Yes, Mr. Cleland did sound like they are not going to go after affiliate websites that do not post reviews/endorsements/testimonials, but do “pure, straight advertising”. While this is a totally different subject, I find this statement especially important in light of the governmental approach to what’s become christened an “affiliate tax”. It does appear that the FTC clearly recognizes that many affiliates are essentially “advertising”.

#5 Linda Buquet wrote on December 1, 2009 :

VERY interesting parallel Geno. Where the FTC draws the line vs the way the government guys on the sales tax side view affiliate links!

#6 James Basic wrote on December 1, 2009 :

“Consumers must be able to see the disclosure when they are viewing the endorsement and at the point of the link to the seller’s website.”

Video Conference With Richard Cleland From The FTC:
http://jimedwards.s3.amazonaws.com/ftc-advertising-interview/index.html

Click >>> Affiliate Disclosure: 0:35

But I think you might be OK because those links off to the right are just “advertising”. If that is the case then the old rule applies. You are technically supposed to label those links as sponsored links (like Google) or advertising.

#7 Linda Buquet wrote on December 1, 2009 :

“You are technically supposed to label those links as sponsored links (like Google) or advertising.”

You know, good point. To me they are obviously my advertisers/sponsors. But that may not be obvious to everyone. Hmmm gotta work on changing my sidebar now. Thanks James.

#8 Linda Buquet wrote on December 1, 2009 :

Oh actually I do have some affiliate links in my sidebar that I totally forgot about (in the affiliate resources section). I was mainly thinking about any content I write in the blog posts. That’s how little I do affiliate marketing myself, totally forgot those aff links were there. Maybe I’ll just pull those. Or maybe I just need to put Advertising at the top of that whole sidebar. Hmmm.

#9 James Basic wrote on December 1, 2009 :

More importantly who’s going to keep the FTC honest?

Are they going to destroy Clickbank and CPA affiliates but let major companies like Nutrisystem, Weight Watchers, Subway and LA Weight Loss continue to use specific A-Typical testimonials?

#10 Linda Buquet wrote on December 1, 2009 :

There that wasn’t so bad. Labeled my clients as Sponsors and labeled the 3 affiliate links as Ads.

#11 G Mitchell wrote on December 10, 2009 :

Labeling links . wow i been making money for a while and never was worried about that, but i appreciate the info anyways. Thanks

#12 How Honest Affiliate Marketers Leverage the FTC Guidelines in Their Favor - 5 Star Affiliate Blogs wrote on March 29, 2010 :

[...] you are still wondering how to leverage the FTC Guidelines into a positive force for your business, then I think the following articles can really [...]