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FTC affiliate disclosure: the complete 2026 guide (rules, examples, placement)

What the FTC requires, the exact sentences you can use, where to put a disclosure on each platform, the penalty for getting it wrong, and the rules for AI and synthetic endorsers. Educational, not legal advice.

Published · Last reviewed

Written by Attribloom Engineering · Reviewed by Attribloom Product · Last reviewed

The short answer

If you earn a commission or receive anything of value for promoting a product, US law requires a clear and conspicuous disclosure of that connection, placed close to the recommendation and before the affiliate link. The FTC's own example sentence is: I get commissions for purchases made through links in this post.

Getting it wrong is not cosmetic. Civil penalties reach $53,088 per violation as of January 2025, and per violation multiplies across posts and affiliates. Both the affiliate and the merchant can be held responsible.

What an FTC affiliate disclosure is

An endorsement, in the FTC's terms, is an advertising message that consumers are likely to believe reflects the opinions, beliefs, findings, or experience of someone other than the advertiser. When the endorser has a material connection to the advertiser, that connection must be disclosed.

A material connection is any financial, employment, personal, or family relationship, including a paid commission, free or discounted product, or anything else of value, even if no one asked you to post. The rules live in 16 CFR Part 255, the FTC's Guides Concerning the Use of Endorsements and Testimonials, applying Section 5 of the FTC Act.

Do you need one? Trigger checklist

If any row is true for a piece of content, you must disclose in that content.

  • You earn a commission on sales through your link.
  • You received the product free or at a discount.
  • You were paid a flat fee or given anything of value.
  • You have a family or employment relationship with the brand.
  • You may earn a future commission or reward.
  • The endorsement was created by an AI or virtual persona you operate.

The rule in plain English

A disclosure is clear and conspicuous if consumers actually notice it, read it, and understand it. The FTC's placement principle is that the closer the disclosure is to your recommendation, the better.

Put the disclosure before the affiliate link, not after it, and in the same view. If the recommendation and the link are separated so a reader might miss the connection, a single distant disclosure is not enough. Use the same language as the endorsement itself.

Clear vs unclear disclosure language

Short labels pass only when they actually convey a paid relationship. These ratings come from the FTC's own guidance.

LabelVerdict
Paid link (next to the affiliate link)Adequate
Ad, Advertisement, Sponsored, #ad, #sponsoredAdequate
This is an ad for [Brand]Adequate
affiliate link (by itself)Not adequate
commissionable linkNot clear
A Buy now buttonNot adequate
Tagging the brandNot a disclosure
sp, spon, collab, thanks, ambassador (alone)Too vague
Ratings from the FTC Endorsement Guides Q&A.

Copy-ready disclosure examples

Adapt these to your voice. The first is the FTC's own recommended wording.

  • Blog or review: I get commissions for purchases made through links in this post.
  • Blog alternative: This post contains affiliate links, and I may earn a commission on purchases.
  • YouTube description and spoken: Some links below are affiliate links. I earn a commission if you buy through them, at no extra cost to you. Say it aloud in the first seconds too.
  • TikTok or Instagram on-screen and caption: #ad. I earn a commission if you buy through my link.
  • Instagram Story: superimpose Paid partnership and affiliate over the image, held long enough to read.
  • Email: This email contains affiliate links. We may earn a commission on purchases.
  • Podcast: state it audibly near the recommendation, not only in the show notes.
  • Live stream: repeat a short heads-up about affiliate links every few minutes for viewers who just joined.
  • Space-limited or X: [Brand]Partner or #ad when a full sentence will not fit.
  • AI affiliate: This content was created by an AI affiliate and includes affiliate links. We earn a commission on qualifying purchases.

Where to put it: placement by platform

The disclosure has to be where people actually see it, before they act on the link.

PlatformPlace it hereAvoid
YouTubeIn the video (audio and on-screen) and in the description near the linkDescription only
TikTokOn-screen text and caption, before the link or actionBuried caption
Instagram feed or ReelFirst line of the caption and on-video textBelow the More fold
Instagram StorySuperimposed, readable durationProfile bio only
BlogAbove or beside the link, in the same viewSite-wide footer only
EmailNear the link, above the foldFine print at the very bottom
PodcastSpoken near the mentionShow notes only
Live streamRepeated periodicallyOnce at the start
Placement rules and the anti-pattern to avoid, from the FTC's Disclosures 101.

Hashtags and words to avoid

Acceptable disclosures include advertisement, ad, sponsored, #ad, #sponsored, and forms like [Brand]Partner or [Brand] Ambassador. Adding a hashtag is fine but not required.

Avoid shorthand that consumers will not parse: sp, spon, collab, a stand-alone thanks, or a stand-alone ambassador. Do not bury the disclosure in a cluster of hashtags or links, and do not rely on a platform's built-in disclosure tool by itself. Use it in addition to your own clear disclosure.

AI and synthetic endorsers

The 2023 revision to the Endorsement Guides updated the definition of endorsements to clarify that it includes fake reviews and virtual influencers. A virtual or AI-generated persona is not deceptive merely by existing, but it must follow the same disclosure rules as a human endorser, and hiding that an endorser is AI while it promotes a product is deceptive.

For a program that runs AI affiliates, this means two disclosures in one: that the content is paid, and that the creator is AI-generated where that matters. Bake the disclosure into the generated asset rather than bolting it on, because AI distributes at a scale where a human would forget. This is also the distribution-safety mechanism: undisclosed AI plus affiliate posting at scale is exactly the pattern the large social platforms restrict.

Advertiser and merchant liability

Disclosure is not only the affiliate's job. An advertiser is responsible for what its affiliates say and is expected to instruct and monitor them, and intermediaries such as networks and agencies carry responsibilities too.

Merchants reduce risk by selecting affiliates carefully, requiring disclosure in the affiliate agreement, and monitoring content. That is why the disclosure obligation belongs in your affiliate agreement, not just in an email.

Penalties and the fake-reviews rule

The maximum civil penalty is $53,088 per violation as of January 17, 2025, up from $51,744 in 2024. It is inflation-adjusted every January, so confirm the current figure at the time you read this. Because it is charged per violation, exposure aggregates across many posts and affiliates rather than being a single fine.

A separate rule, 16 CFR Part 465, effective October 21, 2024, bans fake and AI-generated reviews, buying positive or negative reviews, undisclosed insider reviews, and review suppression, with its own civil penalties.

Not legal advice

This guide is educational and summarizes public FTC materials. It is not legal advice for your business. Confirm the current rules and penalty figures on FTC.gov, and consult qualified counsel for your channels and jurisdiction.

Sources and verification

Primary documentation last checked on 2026-07-24. Each source below links the exact page and its own last-checked date.

Next steps

Frequently asked

What is an FTC affiliate disclosure?

It is a clear statement that you earn a commission or received something of value for promoting a product. US law requires it whenever you have a material connection to what you endorse.

Is #ad enough by itself?

Sometimes. For a short social post, a prominent #ad placed before the link can be enough. For a long-form review, spell out the commission relationship in plain language rather than relying on a tag alone.

Does the label affiliate link count as a disclosure?

No. The FTC states that affiliate link by itself is not adequate, because consumers may not understand it means you are paid. Paid link placed next to the link is adequate.

Do I need to disclose if I only got a free product?

Yes. A material connection includes free or discounted products, not just cash, even if you were not asked to post about it.

Where exactly should the disclosure go?

Before the affiliate link and close to your recommendation, in the same view. The FTC's principle is that the closer the disclosure is to the recommendation, the better.

For videos, is disclosing in the description enough?

No. For video you should disclose both in the video, in audio and on-screen, and in the description near the links.

Do AI or virtual influencers need to disclose?

Yes. The 2023 Guides cover virtual influencers, and AI personas must follow the same rules as human endorsers, plus disclose that they are AI where that is material.

What is the penalty for a missing disclosure?

Up to $53,088 per violation as of January 2025, adjusted each January. Because it is charged per violation, the total exposure across many posts can be large.

Who is liable, the affiliate or the brand?

Both can be. Advertisers are responsible for what their affiliates say and are expected to instruct and monitor them, and intermediaries carry responsibilities too.

Does this apply outside the United States?

US law applies when it is reasonably foreseeable that a post will affect US consumers, and foreign laws may also apply. Disclose regardless of where you are based.

Do I need a lawyer to write a disclosure?

No. Plain, effective communication is what matters. The examples above are a starting point, and counsel can confirm specifics for your situation.

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