Undisclosed endorsements have led to large FTC cases. The ASA can stop ads. Networks can claw back commissions and close accounts. The practical rule is the same everywhere: say you may earn before the first tracking link, in language a reader would notice.
US: FTC endorsement guides
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
A line that works on many sites:
Disclosure: Some links on this page are affiliate links. We may earn a commission if you make a purchase through these links, at no additional cost to you.
The requirement is clarity and proximity. Before or next to the first affiliate link. A privacy-policy mention alone does not count.
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 and ASA
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) |
Templates
Blog header:
This article contains affiliate links. If you click through and make a purchase, we may earn a commission at no extra cost to you.
YouTube description:
Affiliate disclosure: Some product links are affiliate links. If you purchase through them, I may earn a commission at no additional cost to you.
Social post (first line):
#ad I may earn a commission if you buy through my link, at no cost to you.
Cookies and 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
Programme rules
- 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
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 | ☐ |