It’s been almost two months since the U.S. Federal Trade Commission implemented new rules about how affiliate links can be used (or not) in blogs and social media. The rules went into effect Dec. 1, and since then I’ve been seeing bloggers and online marketers use a variety of strategies for complying. At the same time, the FTC itself is still trying to figure out how it’s going to enforce these rules, especially for bloggers.
For those who may not be familiar with this issue, here’s the basics.
Affiliate links. Affiliate links are hyperlinks, often inserted into blog posts or other social media channels, that pay the writer a commission if someone clicks through that link and makes a purchase. These were originally pioneered by Amazon and other major online retailers, and have become a valuable marketing tool for all sorts of online merchants and publishers, and a major source of income for lots of bloggers.
The FTC rules. The FTC’s new rules [pdf] essentially say that if you are get a free sample, or if have some kind of link to a seller (for example, you’re an employee) or you have an affiliation that could bring you income, you have to disclose it you review, endorse or otherwise give a testimonial. The new rules also put new restrictions on the use of testimonials and endorsements in all kinds of advertisers, but I won’t go into that here — I’m focusing on how bloggers are handling the affiliate disclosure rule.
The reason this has become such a big issue is, to put it bluntly, that a lot of people were inserting affiliate links into reviews and not disclosing that they were getting paid when people purchased through those links. I think a lot of people using affiliate links to make money were concerned that once they began to disclose the relationship, people would stop clicking and they would make less money. It’s a reasonable fear. After all, if someone is being paid when you buy a product through them, aren’t you likely to take their endorsement more skeptically, and also less likely to make that purchase?
I’m not going to go into whether or not the FTC should be regulating this, and I’m not going to go into whether or not bloggers should disclose the relationships in the absence of regulations that force them to. However, suffice it to say that a lot of bloggers are now disclosing these relationships in a variety of ways.
Now, on to some examples.
Jonathan Fields – Awake @ the Wheel
Blogger Jonathan Fields, the original career renegade, is using a very short disclosure next to the affiliate link.
I like this approach because the minimal (aff link) doesn’t get in the way of the writing. I don’t know, however, if this is enough disclosure to satisfy the FTC’s requirements. Fields is a lawyer by training, so I assume his reading of the FTC guidelines is a bit more rigorous than mine. But, what one lawyer does isn’t legal advice per se.
World’s Strongest Librarian – Josh Hanagarne
Over at World’s Strongest Librarian (a wonderfully written blog, by the way) Josh Hanagarne inserted affiliate links into his review post, and then disclosed them near the end.
I like this disclosure because it fits in so well with Josh’s writing style and his flow. Does it meet the FTC’s legal requirements? I have no idea. He is clearly trying, though, so that should count for something.
Michael Hyatt
Christian publishing house executive Michael Hyatt has come up with a standard set of disclosures to insert at the end of blog posts (in small gray text), depending on what he needs to disclose (an affiliate link or having received a free review copy, for example).
I’m not a lawyer, but I’m pretty sure there is no requirement that you disclose that you don’t have any kind of material disclosure. Hyatt does have others (click on the link above to read his post), so I’m not sure if I think the disclosure of no relationship is overkill, or if it’s clever. If readers get used to seeing that small block of gray disclaimer text at the bottom of every post – even when it’s not necessary — after a while they’re likely to start ignoring it. In effect, it becomes invisible — at least to regular readers.
I’m NOT, by the way, saying that’s Hyatt’s intention. His reading of the FTC guidelines (or his lawyer’s) may lead him to believe that’s required, or he may feel that it’s the best thing to do in the spirit of full disclosure for his readers. I don’t know. But I suspect that the effect over time is to cause a sort of “disclosure blindness.”
Other options
There are certainly lots of other disclosure options out there. If you haven’t seen them yet, start looking. I guarantee you’ll start to notice them all over the place. I included an affiliate disclosure in my review of Beyond Blogging last week. I think my disclosure meets the FTC’s guidelines, but I’ll say it again — I’m not a lawyer, and I don’t play one on this blog.
One web site that’s trying to create a standard set of disclosures anyone can use is Cmp.ly. The idea of short links to a compliance statement is tempting. But the badges the site offers to provide disclosure with the blog posts seem, well, ugly. I suppose that’s the point — to make an prominent disclosure, but it’s not very elegant or satisfying.
All of this raises a bunch of questions that, as far as I know, there aren’t really any good answers for. Including:
- Are any or all of these affiliate disclosure methods adequate for the FTC? I guess we won’t know until the agency goes after someone for a perceived violation. In fairness, FTC officials have said it’s not their intention to be heavy handed with enforcement and go after a lot of individual bloggers.
- Is just saying “affiliate link” enough? I know we (me and all of my charming, intelligent and well-informed readers) know what an affiliate link is. But does everybody? That’s basically the disclosure the myself and a lot of others are using right now, but I don’t know if those two words by themselves will meet this still-undefined FTC standard.
- If there are old affiliate links on your blog that were published before the FTC’s rules took effect, do you have to go back and add disclosure to all of those? I am guessing that most lawyers would say yes — erring on the side of caution. But again, I really don’t know.
The bottom line is you should probably disclose something in some fashion. How much and how you disclose seems very much up in the air. There’s an attorney in Texas, Mike Young, who apparently provides legal services for Internet marketing businesses. He’s got some blog posts and some ebooks on his site that might be worth checking out. In full disclosure – I don’t know much about him so I can’t say if his advice is good or not.
Bonus tip: Businesses considering how to comply with these rules should take a look at these suggestions from my RLF Communications colleague Aleasha Vuncannon. These aren’t legal advice, but they are based on solid, ethical public relations principles.
Are you using affiliate links on your blog? How are you disclosing them? As a reader of blogs, what kinds of disclosures would you like to see? And would those make you more or less likely to trust what a blogger is saying, and click on the link? Please share your thoughts below.










North Carolina-based PR & marketing professional who focuses on digital strategy. Also a father, wannabe novelist, amateur cook
Eight steps to launching a corporate blog
Developing the right team is an important step in launching a corporate blog (Photo by alemjusic at stock.xchng - http://www.sxc.hu/photo/693414)
A lot of what I write about here applies to individuals — individual blogs, personal branding and personal use of social media. But businesses, large and small, can also use blogs and social media to strengthen their brand, reach new customers and grow sales. And some kind of corporate or organizational blog is often an important part of the social media strategy.
So, let me suggest a few tips on ways to ensure your corporate blog is effective.
1. Get buy-in.
Make sure your executive leadership, including the corporate counsel and the CFO’s office. At large companies this process could require months. Nonetheless, getting buy-in on the benefits of having a corporate blog (and the risks, and a plan to manage the risks) is a lot easier to get ahead of the time then to ask for later.
Chances are blogging is actually not the riskiest thing your company does — far from it. But to many senior executives it may sound risky, so educating them is important.
2. Develop a strategy.
Identify your audience (investors, employees, current customers, potential customers or maybe all of these?) and get clear about what the goal of the blog is. What are you trying to achieve by having a corporate blog? Are you trying to drive leads to sales? Increase awareness? Foster conversation with key influencers (such as analysts and journalists)? Figure that out.
While you’re at it, develop some metrics to go along with your goals. Is it merely traffic, the level of interaction, or the profit from new customers?
3. Decide on the team.
Having a blog team makes it much more likely that your organizational blog will keep going, even during times when other stuff crops up and threatens to take your focus away from your blog (I speak from experience on this). Choose team members with the right skills, an interest in blogging and social media, and the ability to get the job done. Your team might include an editor/team leader, one or two contributing writers, someone from IT to help with the technical side of things and a designer to ensure the blog looks good.
4. Establish an approval process.
The quickest way to slow down posting on a blog is to have an unclear approval process. Or worse yet, no approval process at all. The first time some dumb error slips through the blog will also be the time when the CEO just happens to be reading it. You want an approval process — a system — in place, or else you run the risk of having one imposed on you.
Who on the team writes the draft of a blog post? Who edits it? Does anybody outside the blog team need to review it? If so, who sends it to that person? Do outside reviewers understand your blog deadlines?
5. Brainstorm blog post ideas.
Get your team, get your plan and go hole up in a conference room. Then come up with lots and lots of ideas for blog posts. If you want to prime the pump for this exercise, consider my post yesterday on 10 ways to generate ideas for blog posts.
You may only have to do this once, because often the act of writing a blog post results in more ideas for future posts. However, if you find your bank of blog post ideas getting a little thin, you may want to schedule a new brainstorming session periodically. Also consider the value of bringing others into these sessions — other employees, business partners and vendors, and perhaps even members of your target audience (for example, potential customers).
Once you’ve done your brainstorming session you’ll probably need to go back and winnow the list down, picking out the best, strongest ideas for blog posts. But brainstorm first; it’s easier to pull out strong ideas from a really long list produced by a good brainstorming session.
6. Create an editorial calendar.
Once you have a bunch of blog post topics, schedule them and assign them to members of your team (including yourself). Make sure everyone understands who’s writing what, who’s editing what, and when blog posts are scheduled to be published. Having a clear schedule with blog posts already plugged in ensures that you won’t be scrambling around for a post when you realize the entire blog team is going on vacation at the same time.
It’s OK to add things to the editorial calendar at the last minute, based on new announcements or developments in your company’s business. But in case you don’t have news to fuel the blog, an editorial calendar will help you keep it on track.
7. Train people on the software.
Whatever blogging software you use (I recommend WordPress, but Movable Type is also an option, and there are a host of other robust content management systems available), train your team on it. If there’s only one person on the team who knows how to actually post content, then you’re blog is going to grind to a halt whenever that person is away.
At their heart, blogs and social media are all about empowering people. So empower your team, even the blog virgins who have never used blogging software below and need some training.
8. Decide on a comments policy.
Decide on how you’ll handle comments. And in particular, decide on how you’ll handle negative comments. If your blog is at all successful, you will get negative comments. So will you publish those? If you publish them, will you respond to them? This is the hardest part for most traditional companies to figure out. Businesses are usually just not comfortable with the idea of responding to negative comments in a forum that’s visible to everyone.
But, not allowing negative comments may make your blog appear less transparent and less credible. And not responding to negative comments may allow false perceptions to take hold in your audience. Nonetheless, this is tricky for businesses. As I said in step No. 1, getting buy-in from senior executives is the most important part of this process.
There’s a lot more corporate bloggers can and should do, of course. But if you’re just launching a blog, going through these steps will give you a strong foundation for a successful blog. What are your tips for launching a corporate blog? Please share them in the comments below.