FTC Affiliate Disclosure Guidelines
Required disclosure guidelines for affiliates and influencers using Chargezen's Spark! affiliate marketing platform, in compliance with FTC Endorsement Guides.
Why Disclosure Matters
The Federal Trade Commission (FTC) requires that endorsers disclose any "material connection" they have with brands they promote. A material connection is any relationship that might affect the weight or credibility a consumer gives to an endorsement, including:
- Receiving payment or commission
- Receiving free products or services
- Business or family relationships
- Employment relationships
- Any other financial incentive
Both merchants AND affiliates can be held liable for failure to disclose material connections. The FTC can take action against both parties.
The Three Core Principles of FTC Disclosure
Clear
Use plain language that average consumers understand. Avoid vague terms like "sp" or "collab."
Conspicuous
Place the disclosure where it's hard to miss. It should be seen BEFORE the consumer acts on the endorsement.
Close
The disclosure must be near the endorsement claim. A single disclosure on an "about" page is not enough.
Platform-Specific Requirements
Different platforms have different requirements for disclosure placement and format.
Social Media Posts
- Disclosure must be within the first three lines of the caption
- Use clear language: #ad, #sponsored, or "Paid partnership"
- Cannot be hidden behind "More" or "See more" links
- Must be visible without clicking or tapping
- Platform built-in disclosure tools should be used when available
✓ Good Example:
"#ad I love this product from @Brand! It's amazing because..."
✗ Bad Example:
"I love this product from @Brand! #ad (buried at end after many lines)"
Video Content (YouTube, TikTok)
- Verbal disclosure at the beginning of the video
- Written disclosure in video thumbnail or overlay
- Disclosure in video description is NOT sufficient alone
- Must be in both audio AND visual format
- Cannot be only in small text that's hard to read
✓ Good Example:
""This video is sponsored by [Brand]" stated clearly at the start"
✗ Bad Example:
"Only mentioning sponsorship in the description box below"
Blog Posts & Articles
- Clear disclosure at the top of the content
- Before any affiliate links are encountered
- In the same font size and style as body text
- Not hidden in sidebars or footers
- Each post with affiliate links needs disclosure
✓ Good Example:
""Disclosure: This post contains affiliate links. I may earn a commission if you purchase.""
✗ Bad Example:
"Small disclaimer only in website footer or about page"
Email Marketing
- Disclosure near the top of the email
- Before any affiliate links or product mentions
- Clear and conspicuous language
- Not buried in fine print at the bottom
✓ Good Example:
""This email contains affiliate links" stated prominently at top"
✗ Bad Example:
"Affiliate disclosure only in email footer in small text"
Podcasts & Audio
- Verbal disclosure at the start of the episode
- When discussing sponsored products, remind listeners
- Cannot be only in show notes
- Must be clear and easy to understand
✓ Good Example:
""This episode is brought to you by [Brand]. I'm an affiliate and may earn...""
✗ Bad Example:
"Only mentioning affiliate relationship in show notes"
Sample Disclosure Language
Use these templates as a starting point. Customize as needed for your specific situation.
Short Social Media Post
#ad | Paid partnership with [Brand]
Use at the very beginning of your post
Longer Social Media Post
Disclosure: I received this product for free from [Brand] to review. All opinions are my own.
Place in first three lines, before "See more"
Blog Post Header
Affiliate Disclosure: This post contains affiliate links. If you make a purchase through these links, I may earn a commission at no additional cost to you. I only recommend products I genuinely believe in.
Place at the very top of the article
Video Introduction
"Before we start, I want to let you know that this video is sponsored by [Brand], and I'll earn a commission if you purchase through my link."
State verbally in the first 30 seconds AND show on screen
Product Review
Note: [Brand] sent me this product for free to review. However, all opinions expressed here are my own and were not influenced by [Brand].
Disclose free products even if no money changed hands
Email Newsletter
📧 This email contains affiliate links. I may earn a small commission if you make a purchase, at no extra cost to you.
Include near the top of the email
Prohibited Practices
The following practices are strictly prohibited and may result in account termination and legal action.
| Practice | Description | Potential Consequence |
|---|---|---|
| Fake Reviews | Writing or soliciting reviews that don't reflect genuine opinions or experiences | FTC enforcement action, up to $50,000 per violation |
| Undisclosed Material Connections | Failing to disclose affiliate relationships, free products, or payment | Warning letters, fines, and potential legal action |
| Unsubstantiated Claims | Making health, safety, or performance claims without scientific evidence | FTC enforcement, civil penalties, required corrective advertising |
| Deceptive Testimonials | Using testimonials that don't represent typical results without disclosure | Liability for both advertiser and endorser |
| Fake Social Proof | Buying followers, likes, or engagement to appear more influential | Platform bans, FTC scrutiny, reputational damage |
| Hidden Affiliate Links | Using link shorteners or cloaking to hide affiliate relationships | Violation of FTC disclosure requirements |
Shared Responsibilities
Merchant Responsibilities
- Provide clear affiliate disclosure guidelines to all affiliates
- Monitor affiliate content for compliance
- Require affiliates to agree to disclosure requirements
- Take action when affiliates violate guidelines
- Keep records of affiliate communications and agreements
- Ensure promotional claims are truthful and substantiated
- Remove or correct non-compliant affiliate content
- Train affiliates on FTC requirements
Affiliate Responsibilities
- Disclose material connections clearly and conspicuously
- Only make truthful claims about products
- Use products before endorsing them when possible
- Keep disclosures up to date
- Understand and follow FTC guidelines
- Use each platform's built-in disclosure tools
- Respond promptly to merchant compliance requests
- Document and retain disclosure practices
Enforcement Policy
Chargezen actively monitors affiliate content for FTC compliance. Non-compliant content may result in:
- First Offense: Warning and required correction within 48 hours
- Second Offense: Commission hold and mandatory compliance training
- Third Offense: Permanent removal from the Spark! affiliate program
- Egregious Violations: Immediate termination and reporting to the FTC
Questions About Compliance?
Our compliance team can help you understand disclosure requirements and ensure your affiliate content meets FTC guidelines.
