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  1. #1
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    Question Disclosure Requirments - least required, least obtrusive legal way
    I'm being told by some merchants that the FTC requires that I put a notice basically saying "I am making money off this product or service so you can't trust me to be objective."..they want that (paraphrasing) in the HEADER, the TEXT BODY and they want it right next to the actual outbound link to the merchant website. Talk about a sale killer!

    Now, going over FTC rules..this seems legit, but I honestly have NEVER seen any affiliate marketers go to this level of hassle and so I have to ask:

    What is the BARE MINIMUM legalese I have to add to my site to keep the feds off my hiney? Where can I get away putting it that won't be in my customers faces? What's a very clever, non-obvious way to say you are getting paid for something?

    I know that in quadcopter review videos on youtube, when they review a product given to them for free (shilling) they say "copter courtesy of so and so".. instead of saying "I get these free if I say nice things about them so you can't trust me to be objective"..and that's legal. Can we do something like that?

    What CAN we get away with? How can we keep just our toes within the law, without marring up my site with all these disclaimers that will clearly cost me sales. It's hard enough to get people to click on banners, telling them it's going to make some schlep they don't know some cash makes it far, far more difficult.

    Our site is a gift reference site. We've listed amazing merchants all in one place. We do not directly endorse them, we do not even say they are good..we simply put up their pics, use their text and have the outbound link. So what's the minimum I can get away with here since I'm not actually claiming I've tested these products or am saying they are the best in the world, etc? I just put them all on my site because they made us go "WOW.".. while those that did not we rejected regardless of the affiliate money involved.

    Thanks in Advance.
    Last edited by kitfox; October 16th, 2015 at 02:00 PM.

  2. #2
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    For instance, could I just say "Our site may contain sponsored links" ?

  3. #3
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    FTC disclosure rules apply to product reviews where a product is being recommended. They do not apply to straightforward information statements of the type which have been the more standard affiliate model.

    If you are making recommendations based on usage of the product(s) and reviews, then you must absolutely comply AND make sure that such disclosure statements are ABOVE any affiliate links.

    No disclosure statements are required when you are only regurgitating facts, even with your own unique style and verbiage.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  4. #4
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    Thank You Sir!

    The way I was reading the FTC PDF is that if you make money off of a product then you have to disclose it.

    So if we just regurgitate that's ok? Our site title is "The most amazing gifts all in one place".. Should I put that in Quotation marks so it does not seem like we are endorsing?

  5. #5
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    No. There is a legal distinction between on one hand, hyperbole and "blustering", and actual guarantees on the other hand.

    A blanket statement like the "Most Amazing group of widgets" or the "Best Widgets in the world" is an ok lead in to an array of various products with straightforward descriptions of facts pertaining to each.

    Edit to add: The actual term is "Puffing" not "Blustering" Sorry.
    Last edited by Phil Kaufman aka AffiliateHound; October 16th, 2015 at 04:06 PM.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  6. #6
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    You are indeed the MAN! Thank You Sir Again!

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