Affiliate Link Law

[DonSturgill]

In an online class via Social Media Examiner's Michael Stelzner today, he said U.S. law requires bloggers to clearly identify any and all affiliate links. That surprised me. My belief is/was that it is a good idea to have a page spelling out my affiliate status, but not that it had to be obvious every time I used a link.

A search turned up several opinions that agree with Stelzner--this one, for example: http://taraziegmont.com/2011/you-nee...filiate-links/

What do you folks know about this? I don't believe I have ever seen every affiliate link spelled out on a blog.

[ChristineCobb]

Like many laws, they morph over time as cases are litigated. The original FTC rulemaking wasn't totally clear as to how one is supposed to abide by the law rather the objective you are supposed to acheive which is to notify people that you have a vested interest in the product being discussed.

Of course everyone has an opinion but you need to come to your own conclusion or get legal advice for your particular situation. If you are challenged, those other people will not be coming to your defense.

I have never seen someone put an affiliate link in a blog post and then add "this is my affiliate link". I started out adding the FTC disclosure to my legal pages and have since added a statement in my author box and in the footer of my emails. I'm not a lawyer and so what I do isn't necessarily what you should do.

Is there a lawyer in the house who could weigh in?

[PamWynn]

It currently requires that you disclose that you are an affiliate and may be compensated for sales. Here's a quote from the gov. pres release

The final rule generally prohibits a person from using certain information received from an affiliate to make a solicitation to a consumer about the person’s products or services, unless the consumer is given notice and a reasonable opportunity and a reasonable and simple method to opt out of the making of such solicitations, and the consumer does not opt out.

Here's a link to the rule http://www.ftc.gov/opa/2007/10/affiliate.shtm

[max008]

i appreciate you asking this question because although I haven't experienced any problems some of my team members were receiving emails from other companies. Therefore it is good to know where we stand, thanks again.

All the best

[richardschnur]

I have seen some blogs where there is a standard disclaimer at the bottom of each post. I assume it is part of the blog theme post template.

One version said something to the effect that if it's a link assume it is an affiliate link and that I will receive compensation if you buy what the link takes you to.

Seems safe enough, but I'm definitely not a lawyer.