If you earn money when readers buy something you recommend, US law expects you to tell them, clearly and before they act. Done well, a disclosure costs you almost nothing and builds the trust that affiliate income depends on.
The rule in one sentence
The Federal Trade Commission’s Endorsement Guides, codified at 16 CFR Part 255 and last revised in June 2023, require that any “material connection” between an endorser and a brand be disclosed clearly and conspicuously. An affiliate commission is a material connection. So are free products, payments, employment and family ties.
What “clear and conspicuous” means
The 2023 revision defines it as a disclosure that is difficult to miss and easily understandable by ordinary consumers. In practice that rules out disclosures buried in footers, hidden behind a “more” link, written in legal jargon or lost in a string of hashtags. The guides also make clear that brands, not only publishers, can be held responsible when their partners fail to disclose.
Where to put it
- Web pages: near the top, before the first affiliate link. A sitewide disclosure page is useful, but it doesn’t replace the note on each page.
- Video: say it aloud near the start and show it on screen, then repeat it in the description above the cutoff. Use the platform’s paid-promotion setting where one exists, but don’t rely on it alone.
- Live streams: repeat it periodically, since viewers join at different times.
- Email: at the top of any message that contains affiliate links.
- Social posts: at the start of the caption or on the image itself.
- Podcasts: before the offer and again when you give the link or code.
Wording that works
| Clear | Unclear |
|---|---|
| “I earn a commission if you buy through links on this page.” | “This post may contain affiliate links” at the bottom of the page |
| “#ad” or “Paid partnership” at the start of a caption | “#sp”, “#collab” or “#thanks” at the end of ten hashtags |
| “The company sent me this product free to review.” | Saying nothing because you weren’t paid in cash |
The disclosure generator writes channel-specific versions for you.
Reviews must be real
Disclosure is not the only rule. The FTC’s rule against fake reviews and testimonials, in force since October 2024, bans writing, buying or selling reviews that misrepresent who wrote them or their experience. Don’t publish testimonials you can’t verify, and don’t claim to have tested products you haven’t used.
Program and platform rules
Many programs add their own requirements. Amazon Associates, for instance, requires the statement “As an Amazon Associate I earn from qualifying purchases” on your site. Social platforms have branded-content tools and policies of their own.
Outside the United States
Other regulators take a similar line. In the UK, advertising rules expect labels such as “Ad” on paid and affiliate content, and EU consumer law prohibits hiding commercial intent. If your audience is international, the safe course is to disclose plainly everywhere.
This guide is general information, not legal advice. If you are unsure how the rules apply to you, speak with a lawyer who handles advertising law where you operate.