Affiliate marketing generates billions of dollars in revenue each year. It’s one of the most accessible ways to monetise a website, social media presence, or email list. But with that opportunity comes a legal obligation that many content creators overlook: FTC affiliate disclosure.

The Federal Trade Commission (FTC) requires anyone who earns compensation for endorsing or recommending products to clearly disclose that relationship to their audience. Failure to comply can result in warning letters, fines of up to $50,120 per violation, and serious reputational damage.

In this guide, we’ll cover exactly what the FTC requires, how to write effective disclosures, where to place them across different platforms, and how to avoid the most common compliance mistakes that get creators into trouble.

What Is an FTC Affiliate Disclosure?

An FTC affiliate disclosure is a statement that informs your audience about any material connection you have with a company whose products or services you recommend. A material connection is any relationship that might affect the weight or credibility of your endorsement — including financial compensation, free products, employment relationships, or family connections.

The core principle is straightforward: if a reasonable consumer would want to know about your relationship with a brand before deciding how much weight to give your recommendation, you must disclose it.

Who Needs an Affiliate Disclosure?

You need an affiliate disclosure if you fall into any of these categories:

Affiliate marketers who earn commissions when someone purchases through their links (Amazon Associates, ShareASale, CJ Affiliate, Impact, etc.)
Influencers and content creators who receive free products, payment, or other compensation in exchange for reviews or mentions
Bloggers and journalists who use affiliate links in articles, reviews, or resource pages
YouTubers and podcasters who have sponsorship deals or include affiliate links in descriptions
Social media users on Instagram, TikTok, Twitter/X, Pinterest, or Facebook who are compensated for posts about products
Email marketers who include affiliate links or sponsored content in newsletters
Website owners who display banner ads with affiliate tracking or receive referral fees

The rule applies regardless of the size of your audience. Whether you have 500 followers or 5 million, the FTC holds you to the same standard.

FTC Endorsement Guidelines: The Legal Requirements

The FTC’s rules on endorsements and testimonials are primarily laid out in the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255), which were substantially updated in 2023. These guidelines apply to all forms of advertising, including digital and social media content.

Key Requirements Under the FTC Guidelines

Disclosures must be “clear and conspicuous” — The disclosure must be easy to notice and understand. Burying it in fine print, placing it behind a “more” link, or using ambiguous language does not satisfy the requirement.
Disclosures must be made in every piece of content containing an endorsement — A single disclosure on your “About” page does not cover your individual blog posts or social media content. Each piece of content needs its own disclosure.
The endorsement must reflect honest opinions — You cannot claim a product is great if you’ve never used it or if you know it has significant problems. Misleading endorsements are deceptive advertising, regardless of disclosure.
Both the endorser and the advertiser can be held liable — Under the 2023 updates, the FTC clarified that brands are responsible for ensuring their affiliates and influencers comply with disclosure rules. Both parties can face enforcement actions.
Results-based claims require substantiation or clear disclaimers — If you share results you achieved with a product, you must either have evidence that results are typical, or clearly state that results may vary.

The 4 Ps of Clear Disclosures: Prominence, Presentation, Placement, and Proximity

The FTC uses what practitioners often call the “4 Ps” to evaluate whether a disclosure meets the “clear and conspicuous” standard. Understanding these will help you craft disclosures that actually protect you.

1. Prominence

The disclosure must be large enough, loud enough, and visually distinct enough that a reasonable consumer would notice it. On a webpage, this means using a readable font size and sufficient contrast. In a video, the disclosure should be spoken aloud and/or displayed on screen in readable text. On social media, it should not be lost in a sea of hashtags.

2. Presentation

The language must be understandable to your audience. Avoid legalistic jargon, vague terms, or abbreviations that your audience may not recognise. The FTC specifically warns against using standalone hashtags like #sp, #collab, or #ambassador because many consumers do not understand what these mean. Instead, use clear language like #ad, #sponsored, or “This post contains affiliate links”.

3. Placement

The disclosure must appear where consumers will see it before they engage with the endorsed content or click an affiliate link. Placing a disclosure only at the bottom of a long blog post — after the affiliate links — does not satisfy the FTC’s requirements. It should appear at the top of blog posts, at the beginning of videos, and within the visible portion of social media posts (not hidden behind “See more”).

4. Proximity

The disclosure must be close to the claim or endorsement it relates to. A disclosure on your site’s footer or on a separate “Disclosures” page is not close enough to the affiliate links in a blog post. The FTC wants the disclosure and the endorsement to be seen together, so there is no doubt in the consumer’s mind about the nature of the relationship.

Where to Place Affiliate Disclosures

Disclosure placement varies depending on the platform and content format. Here are the best practices for each.

Blog Posts and Website Articles

For written content on websites, place your disclosure at the very top of the article, before any affiliate links appear. The ideal placement is immediately after the article title or introduction paragraph. Use a visually distinct format such as a bordered box, a different background colour, or bold text so readers cannot miss it.

Additionally, consider placing inline disclosures next to individual affiliate links throughout the article. For example, you might write “(affiliate link)” next to a product recommendation. This reinforces the disclosure for readers who may have scrolled past the top-of-page notice.

YouTube Videos

YouTube provides a built-in “Includes paid promotion” checkbox, which displays a small overlay at the start of the video. However, the FTC has stated that this built-in label alone may not be sufficient. Best practices for YouTube include:

Verbally disclosing the relationship at the beginning of the video, not just at the end
Adding a text overlay visible in the first 30 seconds
Including a written disclosure in the video description, above the fold (before the “Show more” cut-off)
Using YouTube’s paid promotion checkbox as an additional layer, not a replacement

Instagram Posts and Stories

Instagram offers a “Paid partnership” label, which is helpful but should be supplemented with your own disclosures:

For feed posts, place #ad or #sponsored at the very beginning of the caption — not buried among 30 hashtags at the bottom
For Stories, include a clearly readable text disclosure on each slide that contains an endorsement or affiliate link. Use a contrasting colour and large enough font
For Reels, include a verbal disclosure and/or text overlay within the first few seconds, and add written disclosure in the caption

TikTok

TikTok’s fast-paced, short-form format makes disclosures particularly challenging but no less important:

Include a verbal disclosure at the start of the video (e.g., “This is a paid partnership with [Brand]”)
Use a text overlay that remains visible for a sufficient duration — not a flash that disappears in half a second
Add #ad at the beginning of the caption, not hidden at the end
Use TikTok’s built-in branded content toggle as an additional signal

Email Newsletters

For email content containing affiliate links or sponsored mentions:

Include a disclosure at the top of the email, before any affiliate content appears
If only some links are affiliate links, consider marking them individually with “(affiliate link)” or an asterisk with a clear legend
Sponsored sections should be clearly labelled as “Sponsored” or “Ad”

Podcasts

Audio-only content requires verbal disclosures. The FTC expects podcast hosts to:

Clearly state sponsorship relationships at the beginning of the episode, not just during the ad read
When recommending a product they receive compensation for, disclose it immediately before or during the recommendation
Include written disclosures in the episode show notes where affiliate links appear

Affiliate Disclosure Examples

Here are examples of compliant disclosures you can adapt for different platforms and content types.

Blog Post Disclosure (Top of Article)

Disclosure: This article 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 use and believe in. Read my full affiliate disclosure for more details.

Social Media Post

#ad I’ve been using [Product] for the past three months and it’s completely changed my workflow. [Brand] is sponsoring this post, but all opinions are my own.

YouTube Video Description

DISCLOSURE: Some of the links in this description are affiliate links. If you purchase a product through one of these links, I receive a small commission at no extra cost to you. This helps support the channel. I only feature products I have personally used and recommend.

Email Newsletter

This newsletter contains affiliate links marked with an asterisk (*). If you purchase through these links, I may earn a commission. This does not affect the price you pay. I only recommend products I have personally vetted.

Inline Disclosure (Next to a Link)

I use Notion for all my project management (affiliate link). It starts at $10/month for the Plus plan.

Common Mistakes That Trigger FTC Penalties

The FTC has been increasingly active in enforcing disclosure requirements. These are the most common mistakes that attract regulatory attention:

1. Burying Disclosures Below the Fold

Placing your disclosure at the bottom of a blog post, after all the affiliate links, defeats its purpose. The FTC has consistently held that disclosures must appear before consumers encounter the endorsed content. If a reader clicks an affiliate link in the first paragraph and the disclosure is in the last paragraph, you are not compliant.

2. Using Ambiguous Language

Terms like “thanks to [Brand]”, “in collaboration with”, or standalone hashtags like #sp or #collab are not clear enough. The FTC wants consumers to understand that money or other compensation changed hands. Use explicit terms: “ad”, “sponsored”, “I earn a commission”, or “paid partnership”.

3. Relying on a Single Site-Wide Disclosure Page

Having an “Affiliate Disclosure” page in your site footer is a good supplementary practice, but it does not replace per-content disclosures. The FTC has specifically stated that a separate disclosure page is insufficient on its own because consumers may never visit that page.

4. Making Disclosures Hard to Read

Using a tiny font, low-contrast colours, or placing text on a busy background all undermine the “clear and conspicuous” standard. Your disclosure should be just as readable as the rest of your content.

5. Omitting Disclosures on Some Platforms

If you share affiliate content across multiple platforms — say, you write a blog post and then promote it on Instagram and Twitter — each platform needs its own disclosure. The fact that the original blog post has a disclosure does not cover the social media posts linking to it.

6. Failing to Disclose Free Products

You don’t have to receive money for the disclosure requirement to apply. If a company sends you a free product for review, that is a material connection and must be disclosed, even if you were not asked to post about it.

FTC Enforcement Actions and Penalties

The FTC has moved well beyond issuing guidance — it actively enforces disclosure requirements. Here are some notable enforcement actions that illustrate the real consequences of non-compliance:

CSGO Lotto (2016)

Two YouTube influencers, Trevor “TmarTn” Martin and Tom “Syndicate” Cassell, promoted CSGO Lotto, a gambling site for Counter-Strike skins, without disclosing that they owned the company. The FTC found that their videos were deceptive endorsements. Both were required to clearly disclose any material connections in future endorsements.

Lord & Taylor (2016)

The fashion retailer paid 50 influencers between $1,000 and $4,000 each to post about a specific dress on Instagram during a single weekend without requiring them to disclose the payments. The FTC settled with Lord & Taylor, prohibiting the company from misrepresenting paid endorsements as independent opinions.

Sunday Riley Skincare (2019)

The FTC found that Sunday Riley’s CEO and employees posted fake reviews on Sephora’s website without disclosing their connection to the company. The FTC issued a consent order prohibiting the company from posting or directing others to post fake or misleading reviews.

Fashion Nova (2022)

The FTC fined Fashion Nova $4.2 million for suppressing negative customer reviews while only publishing positive ones. While not strictly an affiliate disclosure case, it demonstrated the FTC’s willingness to pursue significant penalties for deceptive endorsement practices.

Current Penalty Structure

As of 2026, the FTC can impose penalties of up to $50,120 per violation for endorsement guideline breaches. Each non-disclosed post, video, or piece of content can constitute a separate violation. For a prolific content creator, this can add up quickly. The FTC also has authority to seek injunctive relief, require corrective advertising, and refer cases for criminal prosecution in extreme instances involving fraud.

Platform-Specific Rules: Amazon Associates, Instagram, and TikTok

Beyond FTC requirements, many affiliate programmes and platforms have their own disclosure rules. Failing to follow these can result in account suspension or termination, independent of any FTC action.

Amazon Associates Programme

Amazon’s Operating Agreement includes specific disclosure requirements:

You must include a statement such as: “As an Amazon Associate, I earn from qualifying purchases.”
This disclosure must appear on your website, not just buried in a terms of service page
You cannot use affiliate links in offline materials, email campaigns (unless you meet specific criteria), or PDFs
You cannot cloak or redirect Amazon affiliate links in a way that hides the destination
You must not misrepresent prices, availability, or Amazon’s relationship with your site

Amazon is known to terminate accounts for non-compliance, sometimes forfeiting unpaid commissions. Take their requirements seriously.

Instagram’s Branded Content Policies

Instagram requires the use of their Paid Partnership label for sponsored content. Additionally:

Creators must use Instagram’s branded content tools when posting paid or sponsored content
The Paid Partnership label appears at the top of the post, making it highly visible
Even with the label, FTC guidance suggests adding your own clear disclosure language in the caption for full compliance
Instagram can remove content that violates their branded content policies

TikTok’s Branded Content Policies

TikTok requires creators to use their branded content toggle when posting paid content. Their policies state:

Creators must turn on the branded content toggle for any content that promotes goods or services in exchange for compensation
Content that violates these policies may be removed, and repeat offenders may be suspended
As with Instagram, the platform toggle should supplement your own verbal and written disclosures, not replace them

How to Automate Affiliate Disclosures on Your Website

Manually adding disclosures to every blog post is tedious and error-prone. Here are strategies to automate the process:

Use a Global Disclosure Banner Component

If you run a website built with a framework like Next.js, React, or WordPress, create a reusable disclosure component that automatically appears at the top of every blog post or review page. This ensures you never forget to include one. The component should be visually distinct — use a light background, a border, or an icon to draw attention.

WordPress Plugins

Several WordPress plugins automate affiliate disclosures, including options that automatically prepend disclosures to posts in specific categories. Look for plugins that allow per-category or per-tag disclosure configuration so you can target only posts that contain affiliate content.

Shortcodes and Markdown Templates

Create shortcodes or Markdown snippets for your disclosure text. Include them in your content templates so every new post starts with the disclosure already in place. This works well with static site generators like Hugo, Gatsby, or Astro.

Automated Link Annotation

Some affiliate management tools can automatically append “(affiliate link)” text or a small icon next to every affiliate link on your site. This provides inline disclosure at the point of each link, supplementing your top-of-page disclosure.

International Disclosure Requirements: UK, EU, and Beyond

If you operate internationally or your audience spans multiple countries, you need to be aware that disclosure requirements are not unique to the United States. Many countries have their own rules, and they can be stricter.

United Kingdom: ASA and CAP Code

The UK’s Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) require that all marketing communications are “obviously identifiable” as such. Under the Consumer Protection from Unfair Trading Regulations 2008 and the CAP Code:

Affiliate content must be labelled clearly with #ad at the beginning of posts
The ASA has ruled that “#affiliate” alone is not sufficient — consumers may not understand its meaning
Influencer content must not be misleading by omission — if you received any form of payment, including free products, you must disclose it
The ASA actively investigates complaints and can require content removal

European Union: UCPD and National Laws

The EU’s Unfair Commercial Practices Directive (UCPD) provides the framework, with individual member states implementing their own specific rules:

Germany has some of the strictest rules in the EU. German courts have ruled that influencers must label commercial content with “Werbung” (advertisement) or “Anzeige” (ad) prominently at the very beginning of posts. The “Kennzeichnungsmatrix” published by German media regulators provides detailed guidance on labelling requirements.
France enacted the Influencer Law (Loi n° 2023-451) which requires clear disclosure of commercial content and imposes specific rules on certain product categories
Italy’s AGCM has actively pursued influencers and brands for inadequate disclosure, issuing fines and requiring corrective actions

Australia: ACCC Guidelines

Australia’s Competition and Consumer Commission (ACCC) enforces the Australian Consumer Law, which prohibits misleading or deceptive conduct. Influencers and affiliate marketers must ensure their audience understands when content is commercial in nature. The ACCC has issued guidance specifically addressing testimonials and endorsements in digital media.

Canada: Competition Act

Canada’s Competition Bureau requires that endorsements clearly disclose material connections. The Competition Act and Ad Standards guidelines both require that advertising, including influencer marketing, be clearly identified as such.

Building a Comprehensive Disclosure Strategy

To fully protect yourself, your disclosure strategy should include multiple layers:

A site-wide affiliate disclosure page that explains your affiliate relationships in detail, linked from your footer or navigation
Per-content disclosures at the top of every blog post, video, podcast episode, or social media post that contains affiliate links or sponsored content
Inline disclosures next to individual affiliate links so readers know which specific links are affiliate links
Platform-specific compliance using built-in branded content tools where available (Instagram, TikTok, YouTube)
Documentation and record-keeping — maintain records of your affiliate relationships, contracts, and the disclosures you use, in case you ever need to demonstrate compliance

Review Your Disclosures Regularly

FTC guidance evolves, platform policies change, and new enforcement actions establish precedents. Review your disclosure practices at least quarterly. Check that:

All current affiliate relationships are covered by appropriate disclosures
Disclosures are properly placed and visible on all platforms you use
Your disclosure language is still accurate and up to date
Any automated disclosure systems are functioning correctly
New team members or guest contributors understand your disclosure requirements

Frequently Asked Questions

Do I need to disclose affiliate links if I don’t earn a commission on a specific purchase?

Yes. If you have a material connection with the company — meaning you are part of their affiliate programme, even if you haven’t earned anything yet — you must disclose. The obligation is about the existence of the relationship, not whether a specific transaction generates income.

Is “This post may contain affiliate links” sufficient?

It is a reasonable disclosure for blog posts when placed prominently at the top, but the word “may” introduces ambiguity. The FTC prefers direct statements. A stronger version would be: “This post contains affiliate links. I may earn a commission if you make a purchase through these links.”

Do I need separate disclosures for different affiliate programmes?

Not necessarily. A general disclosure that explains you may earn commissions from product recommendations is sufficient for most content. However, specific programmes like Amazon Associates require you to include their specific language. When in doubt, include both a general disclosure and the programme-specific one.

Can I use a disclosure in my website footer instead of per-post?

No. A footer disclosure alone does not satisfy FTC requirements. The FTC has explicitly stated that disclosures must be near the endorsement itself, not on a separate page or in a site-wide footer that consumers may never read.

What about affiliate links in “Best of” or comparison articles?

These articles require the same disclosures as any other content with affiliate links. Place a clear disclosure at the top of the article explaining that some or all of the products featured include affiliate links. This is especially important for comparison and review content because consumers rely heavily on these articles to make purchasing decisions.

Protect Your Business with Proper Legal Documents

FTC affiliate disclosure compliance is just one piece of the legal puzzle for online businesses. A comprehensive approach includes having proper terms of service, a privacy policy, cookie consent mechanisms, and clear affiliate disclosure language — all tailored to your specific business model.

Manually drafting these documents is time-consuming, and getting them wrong exposes your business to regulatory risk. The good news is that you don’t have to do it from scratch.