Affiliate Disclosure
A legally required statement disclosing that you may earn a commission when readers click links or purchase products you recommend — maintaining trust and complying with FTC and ASA regulations.
What is a Affiliate Disclosure?
A legally required statement disclosing that you may earn a commission when readers click links or purchase products you recommend — maintaining trust and complying with FTC and ASA regulations.
Regulators across USA, UK treat a Affiliate Disclosure as a baseline legal requirement. Without one, your business is immediately exposed to enforcement action — regardless of size or industry.
Who Needs a Affiliate Disclosure?
Bloggers, review sites, influencers, comparison sites, YouTube creators, newsletter publishers — anyone who earns commission from product recommendations.
- Any organisation that bloggers, review sites, influencers, comparison sites, youtube creators, newsletter publishers — anyone who earns commission from product recommendations
- Businesses operating in USA and UK
- Anyone using third-party services that process data on your behalf
Legal Framework
Mandatory under FTC Guides Concerning Endorsements and Testimonials (US) and CAP/BCAP Codes enforced by the ASA (UK).
USA
FTC + state laws
UK
UK GDPR — ICO enforcement
What Your Affiliate Disclosure Must Include
- 1
Commission Relationship Disclosure
Commission Relationship Disclosure — Clearly define commission relationship disclosure so users and regulators understand its scope and why it matters for your compliance obligations.
- 2
Independence Statement
Independence Statement — Clearly define independence statement so users and regulators understand its scope and why it matters for your compliance obligations.
- 3
Disclosure Placement Requirements
Disclosure Placement Requirements — Clearly define disclosure placement requirements so users and regulators understand its scope and why it matters for your compliance obligations.
- 4
Types of Partnerships Disclosed
Types of Partnerships Disclosed — Clearly define types of partnerships disclosed so users and regulators understand its scope and why it matters for your compliance obligations.
- 5
No Endorsement Guarantee
No Endorsement Guarantee — Clearly define no endorsement guarantee so users and regulators understand its scope and why it matters for your compliance obligations.
- 6
Price & Availability Disclaimer
Price & Availability Disclaimer — Clearly define price & availability disclaimer so users and regulators understand its scope and why it matters for your compliance obligations.
- 7
Material Connection Statement
Material Connection Statement — Clearly define material connection statement so users and regulators understand its scope and why it matters for your compliance obligations.
How to Write a Affiliate Disclosure
Building a compliant Affiliate Disclosure from scratch takes legal expertise and hours of research. Here is a framework covering the core steps:
- 1Step 1: Commission Relationship Disclosure — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 2Step 2: Independence Statement — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 3Step 3: Disclosure Placement Requirements — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 4Step 4: Types of Partnerships Disclosed — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 5Step 5: No Endorsement Guarantee — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 6Step 6: Price & Availability Disclaimer — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 7Final step: Legal review — Review with qualified legal counsel before publishing, especially if operating in high-risk jurisdictions.
Common Mistakes to Avoid
Copying another website's Affiliate Disclosure verbatim — Every business has different data flows. A generic copy may fail to disclose what you actually do, creating false statements that are worse than no policy at all.
Using vague or ambiguous language — Regulators and courts expect plain, specific language. Phrases like "we may share your data with partners" are too vague and regularly cited in enforcement actions.
Forgetting to update after product changes — Your Affiliate Disclosure must reflect current practice. Outdated policies are a compliance liability — some regulators treat an outdated policy as a violation in itself.
Not making your Affiliate Disclosure easy to find — Buried in a footer or behind multiple clicks, your policy may not meet the "easily accessible" standard required by most regulations.
Missing jurisdiction-specific requirements — A policy compliant in one jurisdiction may still fail in another. If you operate across USA and UK, you need to address each framework's specific requirements.
How Often Should You Update Your Affiliate Disclosure?
Review and update your Affiliate Disclosure whenever there is a material change to your business — new services, new data types, new third-party relationships, or regulatory updates in your jurisdictions.
Consequences of Non-Compliance
Beyond financial penalties, non-compliance with Affiliate Disclosure requirements can result in: reputational damage and loss of customer trust, app store removal (for mobile apps), inability to process payments (for ecommerce), and difficulty attracting enterprise customers who require compliance evidence.
Frequently Asked Questions
Is a Affiliate Disclosure legally required?
Yes. A Affiliate Disclosure is a legal requirement under Mandatory under FTC Guides Concerning Endorsements and Testimonials (US) and CAP/BCAP Codes enforced by the ASA (UK).. Operating without one puts your business at risk of regulatory enforcement action.
How long should a Affiliate Disclosure be?
A typical Affiliate Disclosure runs 2 pages. Length matters less than completeness — every required disclosure must be present, written in plain language that users can understand.
How often should I update my Affiliate Disclosure?
Review and update your Affiliate Disclosure whenever there is a material change to your business.
What are the penalties for not having a Affiliate Disclosure?
FTC can impose civil penalties of up to $50,120 per violation. UK ASA can require removal of content and refer cases to Trading Standards.
Can I use a free Affiliate Disclosure template?
Free templates are a starting point, not a solution. A template that was not drafted for your specific business, jurisdiction, and data practices may create false statements — which is legally worse than having no policy at all. Always customise any template and have it reviewed by qualified counsel.
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Read guidePolicifyAI is a technology provider, not a law firm. The information on this page is for orientation only and is not legal advice. Generated templates are intended as a structured starting point for review by qualified counsel before publication.