> _I’m an affiliate marketer with links to an online retailer on my website. When people click on those links and buy something from the retailer, I earn a commission. What do I have to disclose? Where should the disclosure be?_
> Let’s assume that you’re endorsing a product or service on your site and you have links to a company that pays you commissions on sales. If you disclose the relationship clearly and conspicuously on your site, readers can decide how much weight to give your endorsement. In some instances, where the link is embedded in the product review, a single disclosure may be adequate. When the product review has a clear and conspicuous disclosure of your relationship – and the reader can see both the product review and the link at the same time – readers have the information they need. If the product review and the link are separated, the reader may lose the connection.
> As for where to place a disclosure, the guiding principle is that it has to be clear and conspicuous. Putting disclosures in obscure places – for example, buried on an ABOUT US or GENERAL INFO page, behind a poorly labeled hyperlink or in a terms of service agreement – isn’t good enough. The average person who visits your site must be able to notice your disclosure, read it and understand it.
As seen in the text above, this doesn't quite apply. The person placing the link is presumably _not_ actively promoting the product for a commission. Bit.ly is the one converting it into a monetized link, and Bit.ly receives the commission split with VigLink.
This is a very important distinction here. The FTC is basing their guidelines on a person that is compensated for actively endorsing a product/service on their web site. This wouldn't qualify and as such looks to be a use case not considered previously. It is also no t that different than Pinterest doing the same with links on their site.
> Let’s assume that you’re endorsing a product or service on your site and you have links to a company that pays you commissions on sales. If you disclose the relationship clearly and conspicuously on your site, readers can decide how much weight to give your endorsement. In some instances, where the link is embedded in the product review, a single disclosure may be adequate. When the product review has a clear and conspicuous disclosure of your relationship – and the reader can see both the product review and the link at the same time – readers have the information they need. If the product review and the link are separated, the reader may lose the connection.
> As for where to place a disclosure, the guiding principle is that it has to be clear and conspicuous. Putting disclosures in obscure places – for example, buried on an ABOUT US or GENERAL INFO page, behind a poorly labeled hyperlink or in a terms of service agreement – isn’t good enough. The average person who visits your site must be able to notice your disclosure, read it and understand it.
As seen in the text above, this doesn't quite apply. The person placing the link is presumably _not_ actively promoting the product for a commission. Bit.ly is the one converting it into a monetized link, and Bit.ly receives the commission split with VigLink.
This is a very important distinction here. The FTC is basing their guidelines on a person that is compensated for actively endorsing a product/service on their web site. This wouldn't qualify and as such looks to be a use case not considered previously. It is also no t that different than Pinterest doing the same with links on their site.