The FTC affiliate disclosure requirements come down to one rule: if you earn money or get anything of value from a link or mention, tell people clearly and conspicuously, close to the recommendation, before they act on it. That rule sits in the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, found at 16 CFR Part 255, and in the plain-language FAQ the agency published alongside the latest revision.
This page walks through what those documents actually say, quoting the agency where the exact words matter, and ends with short notes on the UK, India, Canada and Australia. It is general information, not legal advice.
Quick answer
The rule
Disclose any material connection, such as commission or a free product, clearly and conspicuously.Legal status
The Guides are guidance, not a statute. Breaking them can lead to action under Section 5 of the FTC Act.Placement
Close to the recommendation and before the click. Footer notes and separate pages alone fall short.Wording
No set words are required. The label "affiliate link" alone is not adequate in the FAQ's view.Who it covers
Anyone whose content reaches US consumers, including site owners based in other countries.Cost of compliance
Nothing but a few minutes per post.
What the FTC affiliate disclosure requirements cover
The FTC is the US Federal Trade Commission. Its Endorsement Guides explain how the general ban on deceptive advertising applies to reviews, testimonials and recommendations, including the ones on affiliate websites. You can read the full text at 16 CFR Part 255 on the eCFR.
The central idea is the material connection. Under section 255.5, when a link between an endorser and a seller could affect how much weight people give the endorsement, and the audience would not expect it, that link must be disclosed clearly and conspicuously. Commission on a sale is the most common example on affiliate sites. Free products, paid posts, employment and family ties count too.
Three points people often miss:
- The Guides are not a law on their own. They explain how the FTC reads Section 5 of the FTC Act, which bans unfair or deceptive practices. Ignoring them is what creates the legal risk.
- No set wording is required. The FAQ says the point is to give readers the essential information in words that are easy to understand.
- Following the Guides is not a safe harbor. The FAQ says so directly, which is why the spirit matters more than a template.
The test behind every rule: clear and conspicuous
The revised Guides define the phrase in section 255.0. A clear and conspicuous disclosure is difficult to miss and easily understandable by ordinary consumers. The definition then adds detail that matters for websites:
- Match the format. If the claim is visual, the disclosure must be visual. If it is spoken, say it out loud. If it is both, use both.
- Stand out. Size, contrast, location and how long it stays on screen should make it easy to notice and read.
- Unavoidable online. On social media and the internet, the Guides say the disclosure should be unavoidable. A link that says "Disclosure" is something people can skip.
- No contradictions. Nothing else in the content should undercut the disclosure.
- Every device. An example in the Guides treats a note that is clear on a computer but not on a smartphone as inadequate.
The FAQ adds three working factors: placement, readability and clarity. If you can tick all three for a reader on a phone, you are on firm ground.
Placement under the FTC affiliate disclosure guidelines
The FAQ is blunt about position: the closer the note is to the recommendation, the better. Here is how common placements stack up.
| Placement | Verdict | Reason |
|---|---|---|
| Sentence at the start of the post body, before links | Usually fine | Seen before the reader acts |
| Short label right beside a link | Strong | Impossible to miss at the point of choice |
| Banner at the very top of the page, outside the article | Risky | The FAQ warns it may be overlooked |
| Note at the bottom of the post | Weak | Readers may never scroll that far, or click first |
| Only in the site footer | Not enough | Far from the recommendation |
| Only on a separate disclosure page | Not enough | Requires a click most readers never make |
| Hidden behind a "more" link | Not enough | Not unavoidable |
A single note near the top of a post can cover several links when it is read before any of them. When links are spread far apart in a long guide, add short labels near the later ones. You can see how this looks in practice on our page of disclosure examples.
Wording that works and wording that falls short
The FAQ gives this sample for affiliate marketers: "I get commissions for purchases made through links in this post." It is short, specific and plain. The FAQ also rates a range of labels.
| Wording | Treatment |
|---|---|
| "Paid link" right next to the link | Adequate |
| A sentence saying you earn commission on purchases | Adequate when placed well |
| #ad or Ad: at the start of a post | Works |
| "Sponsored by" plus the brand | Clearer than Sponsored alone |
| "Affiliate link" alone | Not adequate, many readers do not know the term |
| "Commissionable link" | Probably not clear |
| A plain "buy now" button | Not a disclosure |
| #ambassador, #client or #partner alone | Not sufficient |
Videos, social posts and podcasts
The same principle applies off your website, with a few format rules from the FAQ and the Disclosures 101 guide for influencers:
- Video: put the disclosure in the video itself, not just the description. Saying it and showing it at the same time works best. The start is better than the end.
- Live streams: repeat it, since people join at different times.
- Social posts: place it before the point where the text gets cut off. A note buried among hashtags or in the comments is not enough.
- Platform tools: built-in paid partnership labels may help, but the FAQ says they may not be enough on their own.
- Audio: say it clearly in the episode, ideally before the first mention.
Free products, honest reviews and incentives
Affiliate sites often review items the maker sent for free. The FAQ says a free product must be disclosed however it arrived, whether shipped to you or bought with a code the company supplied. If you also got paid, saying only "free product" may undersell the tie.
Two more points from the FTC guidance matter for review sites:
- You cannot tie an incentive to a positive review. Offering a discount or payment only for good ratings is deceptive.
- Reviews must reflect your honest experience. Claiming testing you never did, or presenting a paid opinion as independent, is the kind of thing the Guides target.
The FTC also has a separate rule on consumer reviews and testimonials, which bans fake reviews and allows civil penalties for knowing violations. Read the FTC endorsements and reviews hub for the current text. Our product review website guide covers how to run honest tests.
Enforcement risk: what actually happens
Fear sells templates, so here is a calm view. The FAQ says the FTC usually focuses on advertisers and their agencies rather than individual endorsers. It also says action against an individual can make sense in some cases, for example after warnings are ignored.
What can happen:
- Warning letters. The agency has sent these to brands and influencers.
- Section 5 orders. Remedies can include refunds to consumers and orders to comply in future.
- Civil penalties in narrower cases. The FAQ notes that parties who received a Notice of Penalty Offenses could face substantial civil penalties for later violations. The fake reviews rule also carries penalties. Amounts are set by law and adjusted over time, so check the FTC site rather than trusting a number quoted on a blog.
- Program action. Affiliate programs often require disclosure in their terms and can close accounts or hold commissions.
For most small sites, the realistic cost of a missing disclosure is lost trust and a closed program account. Both are easy to avoid. Our affiliate disclosure hub has a generator for a first draft.
Outside the US: UK, India, Canada and Australia
The FAQ says US law can apply to creators abroad when it is reasonably foreseeable that their content will reach and affect US consumers. Local rules also apply. Here is a short guide.
| Country | Body | Key points |
|---|---|---|
| United Kingdom | ASA (CAP Code) and CMA | CAP Code rule 2.1 says marketing must be obviously identifiable. The ASA suggests a label such as Ad before people engage, and has ruled that "affiliate" alone is not widely understood. The CMA enforces consumer law on hidden advertising. |
| India | ASCI | Influencer and advertising guidelines call for a clear label such as Ad or Affiliate on paid content. |
| Canada | Competition Bureau | Treats undisclosed paid endorsements as possible misleading advertising under the Competition Act. |
| Australia | ACCC | Applies Australian Consumer Law to hidden commercial ties in posts and reviews. |
Read the ASA affiliate marketing advice for UK examples and visit ASCI for the Indian guidelines. For Canada and Australia, check the regulator's own site for its latest guidance before you rely on any summary.
Compliance checklist for affiliate site owners
- List every material connection: commission, free products, paid posts, personal ties.
- Write a plain sentence naming each tie.
- Place it in the post body before the first link.
- Mark later links in long posts with a two-word tag like Paid link.
- Put disclosures inside videos, not only in descriptions.
- Keep social disclosures above the cut-off and out of the hashtag pile.
- Never offer rewards for positive reviews.
- Test every template on a phone.
- Recheck the official Endorsement Guides FAQ once a year for changes.
Questions people ask
Are the FTC endorsement guides for affiliate disclosure a law?
No. They are guidance that explains how the FTC applies Section 5 of the FTC Act to endorsements. Ignoring them can still lead to an enforcement action under that law.
Does the FTC require specific disclosure wording?
No. The agency wants plain words that tell readers you earn money or got something of value. A sentence like the commission example in its FAQ is enough when it is well placed.
Is one disclosure at the top of a post enough?
It can be, if it sits in the post body and readers see it before any link. In long posts with links far apart, add short labels near the later links.
Do FTC rules apply if my site is outside the US?
They can, when US readers are a foreseeable audience. Your own country's rules apply as well, so a clear upfront note is the safe default.
What are the FTC affiliate disclosure guidelines for social media?
Put the disclosure at the start of the post, before any text cut-off, and do not hide it among hashtags or in comments. In videos, speak the disclosure and display it too.
Can I be fined for a missing affiliate disclosure?
Civil penalties apply in narrower situations, such as after a formal notice or under the fake reviews rule. For most small sites the likelier outcome is a warning or a closed program account, but neither is worth the risk.