Comments on: How to Word Disclosures & Agreements to Meet FTC Rules http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/ Geno talks about affiliate marketing, leadership, etc Wed, 17 Mar 2010 00:52:08 +0000 hourly 1 By: Geno http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4929 Geno Thu, 10 Dec 2009 13:38:43 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4929 Thanks, R.J. Thanks, R.J.

]]> By: R.J. http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4924 R.J. Thu, 10 Dec 2009 06:40:25 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4924 As Geno said, an industry-wide disclosure/privacy policing should be written by the merchants for the affiliates (a one size fits all approach) with a spider to monitor compliance. Some affiliate networks already require this for each publisher(so it's nothing new just more clarified). As Geno said, an industry-wide disclosure/privacy policing should be written by the merchants for the affiliates (a one size fits all approach) with a spider to monitor compliance. Some affiliate networks already require this for each publisher(so it’s nothing new just more clarified).

]]> By: The FTC, Affiliate Disclosure and You | Affiliate Tomorrow http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4898 The FTC, Affiliate Disclosure and You | Affiliate Tomorrow Mon, 07 Dec 2009 23:16:20 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4898 [...] According to the FTC, “The disclosure should be clear, conspicuous and aiming to “alert the reader” that there is a “connection between the endorser and the seller.”  I also found great disclosure advice on Geno Prussakov’s affiliate marketing blog. [...] [...] According to the FTC, “The disclosure should be clear, conspicuous and aiming to “alert the reader” that there is a “connection between the endorser and the seller.”  I also found great disclosure advice on Geno Prussakov’s affiliate marketing blog. [...]

]]> By: Geno http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4463 Geno Tue, 13 Oct 2009 20:31:56 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4463 I think the only way the policing/monitoring could work effectively is if there is an industry-wide standard/wording for the affiliate disclosure. Then content websites that have a merchant's name/link(s) could be spidered to verify if the standard-worded disclosure is in place. I think the only way the policing/monitoring could work effectively is if there is an industry-wide standard/wording for the affiliate disclosure. Then content websites that have a merchant’s name/link(s) could be spidered to verify if the standard-worded disclosure is in place.

]]> By: Cory Howell http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4459 Cory Howell Tue, 13 Oct 2009 18:21:23 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4459 Geno, as you & one of your merchant's said, "We support compliance although this is going to be near impossible to monitor." I do not see how a company can be expected to: a) Find b) Follow c) Moderate d) Control a 3rd party to ensure proper disclosure - both time & monetarily (budgets don't allow for a "brand hunter" position at most companies). What if a webmaster can't be contacted or there is no other way to severe an affiliate partner? Just way too many risks and opportunities to get into trouble. Geno, as you & one of your merchant’s said, “We support compliance although this is going to be near impossible to monitor.”

I do not see how a company can be expected to:
a) Find
b) Follow
c) Moderate
d) Control
a 3rd party to ensure proper disclosure – both time & monetarily (budgets don’t allow for a “brand hunter” position at most companies).

What if a webmaster can’t be contacted or there is no other way to severe an affiliate partner? Just way too many risks and opportunities to get into trouble.

]]> By: Geno http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4398 Geno Sat, 10 Oct 2009 18:48:25 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4398 No, it definitely is not rocket science. I believe that as long as the affiliate is sincere and clear, he/she should be okay in the FTC's eyes. No, it definitely is not rocket science. I believe that as long as the affiliate is sincere and clear, he/she should be okay in the FTC’s eyes.

]]> By: Katie @ Kitchen Stewardship http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4396 Katie @ Kitchen Stewardship Sat, 10 Oct 2009 05:38:07 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4396 I'm amazed that my disclosure is a good example - it was just written with common sense and by the seat of my pants (after the disclosure.org part, that is). Good to know it's not rocket science! I’m amazed that my disclosure is a good example – it was just written with common sense and by the seat of my pants (after the disclosure.org part, that is). Good to know it’s not rocket science!

]]> By: Geno http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4382 Geno Fri, 09 Oct 2009 22:12:41 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4382 <b>Cory</b>, thank you for your comment. Yes, both the affiliate/publisher and the merchant/advertiser want to (or is <i>must</i> really a better verb?) have the disclosures/disclaimers. The affiliate - for the end users, while the merchant - for the affiliates. While there <i>is</i> some vagueness regarding the acceptable form to put it in (much is left by the FTC to the marketers' discretion), I think the bigger problem is not this, but the monitoring/policing part. The burden of monitoring whether all affiliates who post reviews/testimonials have a proper disclosure on their site(s) has been put on the advertisers' shoulders. One of the merchant's wrote to me today: "We support compliance although this is going to be near impossible to monitor." I have a few ideas of how this may be implemented, but none are comprehensive enough; and I believe she is right -- it will be between difficult to impossible to monitor this effectively. Still thinking. Cory, thank you for your comment.

Yes, both the affiliate/publisher and the merchant/advertiser want to (or is must really a better verb?) have the disclosures/disclaimers. The affiliate – for the end users, while the merchant – for the affiliates.

While there is some vagueness regarding the acceptable form to put it in (much is left by the FTC to the marketers’ discretion), I think the bigger problem is not this, but the monitoring/policing part. The burden of monitoring whether all affiliates who post reviews/testimonials have a proper disclosure on their site(s) has been put on the advertisers’ shoulders. One of the merchant’s wrote to me today: “We support compliance although this is going to be near impossible to monitor.” I have a few ideas of how this may be implemented, but none are comprehensive enough; and I believe she is right — it will be between difficult to impossible to monitor this effectively. Still thinking.

]]> By: Cory Howell http://www.amnavigator.com/blog/2009/10/09/how-to-word-disclosures-agreements-to-meet-ftc-rules/comment-page-1/#comment-4381 Cory Howell Fri, 09 Oct 2009 21:53:56 +0000 http://www.amnavigator.com/blog/?p=3735#comment-4381 This is a great breakdown for not only the affiliate, but also the advertiser and/or original merchants. The need for a disclosure statement on an affiliate site is really a no-brainer - yes, you need to have one. The eye opening part, is that as a merchant or advertiser, you should have a disclaimer in your Terms of Service to prevent possible liability from your affiliates or partners (in case they mess up). All of this is still pretty new, so hopefully the FTC will actually come out and specify what each party is required to show as proper disclosure. At this time, it seems to be more of a guessing game. This is a great breakdown for not only the affiliate, but also the advertiser and/or original merchants.

The need for a disclosure statement on an affiliate site is really a no-brainer – yes, you need to have one.

The eye opening part, is that as a merchant or advertiser, you should have a disclaimer in your Terms of Service to prevent possible liability from your affiliates or partners (in case they mess up).

All of this is still pretty new, so hopefully the FTC will actually come out and specify what each party is required to show as proper disclosure. At this time, it seems to be more of a guessing game.

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