Put your disclosure before the first affiliate link, write it in plain language that mentions commissions, and make sure it's visible on every device. That's the short version. The rest of this guide is about getting the details right, because the details are where most publishers fail. This is general information on US and UK rules, not legal advice; if real revenue depends on it, run your setup past a lawyer.
Here's the thing: an affiliate link disclaimer tells readers you earn something when they click your links and take action. The FTC calls the relationship between you and the advertiser a "material connection," and that connection is what triggers the disclosure requirement. Get the wording vague or the placement wrong, and the disclosure doesn't count, regardless of whether you technically included one.
What Changed, and What Didn't
The core US rules haven't changed since the FTC revised its Endorsement Guides (16 CFR Part 255) in 2023, adding a formal definition of "clear and conspicuous." A footer note was never safe either: the FTC's Endorsement Guides FAQ warns that "Consumers may miss a disclosure at the bottom of a blog or page."
What has changed is where the links live. Affiliate content now runs across long-form blog posts, comparison tables, short-form video, live streams, email newsletters, and podcasts. Each format has its own visibility constraints, and the FTC's position covers all of them: "Regardless of the advertising medium or platform, the same general principle applies: people should get the information they need to evaluate sponsored statements" (FTC FAQ).
What Triggers the Requirement
The trigger is any material connection between you and the brand you're recommending. That includes:
- Commission on a sale or lead
- Free or discounted product received for review
- Paid placement or sponsorship fee
- Employment or family relationship with the brand
- Anything else of value exchanged for the endorsement
If any of those apply, disclosure is required. The Guides allow that some connections are "too insignificant" to matter, but a commission on sales isn't one of them. A $3 commission on a $20 product still needs a disclosure.
The requirement applies across every format: blog posts, social media captions, YouTube videos, TikTok clips, Twitch streams, email newsletters, podcast segments. The channel doesn't create an exemption.
"Clear and Conspicuous" in Practice
The legal standard in the Endorsement Guides is that a material connection must be disclosed "clearly and conspicuously," which the Guides define as "difficult to miss (i.e., easily noticeable) and easily understandable by ordinary consumers." Online, "the disclosure should be unavoidable." That sounds simple. In practice, it rules out a lot of common shortcuts.
Clear and conspicuous means all of the following:
- Plain language that average consumers understand
- Proximity to the affiliate link or endorsement, not somewhere else on the page
- Legible formatting with sufficient font size and contrast
- Visible on mobile and desktop without extra interaction
The consumer must encounter the disclosure before or at the same time they encounter the affiliate link, not after clicking. That's the line that footer disclosures, hover states, and end-of-description notes all fail. The FTC's FAQ puts it directly: "A disclosure is more likely to be seen if it's very close to, or – even better – part of, the endorsement to which it relates."
Wording That Actually Works
Look, this is where a lot of publishers get it wrong without realizing it. Vague language doesn't satisfy the standard, even if it feels like a disclosure.
Phrases that fail:
- "Some links on this page may be affiliated" (ambiguous, implies uncertainty)
- "#sp" or "#partner" in a hashtag cluster (most consumers don't know what these mean)
- "This post contains affiliate links" with no explanation of what that means financially
The problem with "affiliate link" as a standalone phrase is that many consumers don't know it means you earn a commission. If your audience doesn't understand the term, the disclosure fails its purpose.
Phrases that work:
- "I earn a commission if you purchase through this link."
- "We earn a commission if you buy through the links on this page."
- "This post contains affiliate links. If you click and buy, I receive a small commission at no extra cost to you."
- "Some links below are affiliate links, meaning I earn a fee if you make a purchase."
The pattern is consistent: state the relationship plainly, name the financial benefit (commission, fee, payment), and keep it short enough that readers will actually read it.
For personal blogs, first-person works well: "I earn a commission." For brand-run comparison sites or multi-author publications, third-person fits better: "We earn a commission." Skip the "may": the UK's ASA has ruled "may earn an affiliate commission" ambiguous, because the publisher does get paid. The FTC doesn't mandate exact wording (its own example is "I get commissions for purchases made through links in this post."), but Amazon does: Associates must show "As an Amazon Associate I earn from qualifying purchases." (Operating Agreement, section 5).
Placement Rules
Placement is the issue that gets publishers into trouble most often, because the instinct is to put the disclaimer somewhere on the page and consider it done. That's not enough.
The disclosure must appear before or immediately adjacent to the first affiliate link or commercial recommendation. It cannot sit behind a click: the FTC says a hyperlinked disclosure "is easily avoidable, meaning that the disclosure is not clear and conspicuous." And it cannot be at the bottom of a long post when the affiliate links start at paragraph three.
One disclosure at the very top of a short post usually works. For longer content, especially posts with comparison tables, product grids, or multiple recommendation sections, a single top-of-page disclosure may not be sufficient. The FTC's FAQ points the same way: "The closer the disclosure is to your recommendation, the better."
For a deep product roundup, put an italicized disclosure block right after the introduction, even when the first affiliate link is several hundred words later. That way readers encounter it before any recommendations, not after they've already engaged.
Quick reference for placement by content zone:
| Content Zone | Recommended Placement |
|---|---|
| Blog post intro | Immediately after intro paragraph, before first link |
| Comparison table | Adjacent to the table header or directly above |
| Product review section | Before the first product recommendation in that section |
| Email newsletter | Top of email, before any promotional block |
| Social media caption | First line, visible before any "read more" truncation |
| YouTube video | Verbal at start + on-screen text + video description |
| Live stream | Real-time verbal + visible on-screen cue |
Format-Specific Rules
Blogs and Long-Form Articles
Short disclosure near the top, ideally styled to stand out (italics, a light background box, or a bordered block at full body-text size; the Guides say a visual disclosure should stand out "by its size, contrast, location"). If your post runs long and affiliate links appear throughout, add a second disclosure near any dense recommendation section. Don't rely on one line buried in a wall of text.
Comparison Tables and Review Grids
Each comparison table is a standalone endorsement. A disclosure only on the surrounding page isn't enough if a reader lands on the table directly from search or a jump link. Place a short disclosure line directly above the table itself, so it's read before the links in it.
Email Newsletters
Top-of-email placement before any promotional content. If your newsletter has multiple sections and affiliate links appear throughout, a single header disclosure works as long as it's the first thing readers see. Don't bury it in the footer.
Video Content
The video rules aren't new in 2026; they come from the Guides as revised in 2023 and the FTC's FAQ. If you endorse a product both on screen and out loud, the Guides say "the disclosure should be made in the communication's visual and audible portions," and a visual disclosure is judged partly by "the length of time it appears." For affiliate links in the description, the FTC FAQ says to disclose "both in the videos and in the description near the links." A single brief overlay that disappears quickly is not adequate. The description box also needs a disclosure, because some viewers read descriptions before or instead of watching.
For YouTube specifically: say it out loud early, keep on-screen text visible long enough to read, and include it in the description before any links.
Short-Form Video and Live Streams
TikTok, Reels, and Shorts create a compression problem. You have seconds. Verbal disclosure at the start of the clip, plus a visible text overlay. For live streams, verbal disclosure needs to happen in real time, not just at the start of a session that runs for hours. Periodic re-disclosure during long streams is the conservative approach.
Social Media Posts
Start the caption with a clear label, "Ad:" or "#ad", or a plain sentence like "I earn a commission if you buy through my link." The FTC FAQ says "#ad," "Ad:," and "ad" at the beginning of a post "are probably all equal," and a hashtag is optional. Don't use "#affiliate" alone: the ASA ruled a standalone "*affiliate" label insufficient. Platform labels aren't optional extras. TikTok's Branded Content Policy requires the commercial content disclosure toggle on content that earns a commission "via an affiliate link or promotional code," and YouTube requires the paid promotion setting for sponsorships, endorsements and other commercial relationships. Turn them on, then add your own text: the FTC's Disclosures 101 says "Don't assume that a platform's disclosure tool is good enough." For TikTok specifics, see the TikTok affiliate program guide.
The caption disclosure must be visible before any "read more" truncation. If your disclosure appears in line four of an Instagram caption, it's hidden on mobile.
Global Audiences and Privacy Overlap
FTC rules govern US consumers. But most major markets have equivalent requirements, and if your site serves a global audience, you can't assume US-only compliance is enough.
GDPR and similar frameworks focus on data transparency, which overlaps with affiliate tracking in a specific way: your affiliate links often set cookies or pass tracking parameters. A cookie consent banner handles the data collection disclosure, but it does not replace the affiliate relationship disclosure. They're separate obligations. Run both.
The practical approach for a global audience is to adopt disclosure practices that meet or exceed the FTC standard. Some markets already go further. The UK's ASA affiliate marketing guidance says that when an article is entirely about affiliate products, its commercial nature "should be clear prior to consumer engagement," for example with "Ad" in the article title, and it ruled a "may earn an affiliate commission" disclaimer ambiguous. If you have UK readers, label affiliate content as an ad and drop the "may."
Building a Reusable System
One-off disclosures on individual posts don't scale. The publishers who stay consistently compliant build systems.
A basic system looks like this:
- A standard disclosure template with approved wording, stored somewhere your whole team can access
- CMS components (reusable blocks, shortcodes, or template sections) that insert the disclosure automatically in the right position
- An editorial checklist that treats disclosure as a publish gate, not an afterthought
- Scheduled reviews of disclosure text and placement, at minimum annually, to catch FTC guidance updates or platform UX changes that affect visibility
The native ads launch plan gives the same advice for network review: get the policy right first, before you build anything. Decide the disclosure format before you write the post, not after you've already placed the links.
If you work with other creators or run an affiliate program, embed disclosure requirements into your briefs. Put the disclosure rule, with the approved wording, into every brief and template so no content goes live without it.
Common Mistakes
Most disclosure failures are predictable. The same patterns show up repeatedly:
- Footer-only disclosures on pages where affiliate links appear in the first screen
- Vague language like "some links may be affiliated" that doesn't explain the financial relationship
- Relying entirely on platform labels without supplementing with own-text disclosures
- No disclosure on mobile because the layout hides or truncates the disclosure block
- Single top-of-page disclosure on a long post with a comparison table that appears considerably further into the content
- No verbal disclosure in video, only a text card that disappears in two seconds
- Disclosure in hashtags only, buried in a cluster of 15 tags at the end of a social caption
The consistent theme: the disclosure exists somewhere on the page or in the content, but consumers won't encounter it before they engage with the recommendation. That's the failure mode the FTC is focused on.
Disclosure and SEO
Honest, visible disclosures don't put you at odds with Google, as long as the links are marked up too. Google's spam policies say paid links are fine "as long as they are qualified with a rel="nofollow" or rel="sponsored" attribute value," so add rel="sponsored" to affiliate links on top of the reader-facing disclosure.
E-E-A-T isn't a ranking factor on its own, but Google's helpful content guidance says that of its aspects, "trust is most important." A clear, direct disclosure near the top of a product review shows that the publisher isn't hiding the commercial relationship. Comparison sites and review roundups that disclose transparently tend to look more credible than those that bury or omit disclosures.
The same logic applies beyond search: transparency with your audience and with platforms is always the lower-risk path.
Placement that precedes but doesn't visually overwhelm your affiliate CTA is the right balance. A clearly styled disclosure box before a product recommendation doesn't kill conversion. A wall of legal text in 8pt gray font that no one reads doesn't protect you either.
Frequently Asked Questions
Does a footer disclaimer count as an affiliate disclosure?
No. A footer disclosure is not compliant on its own: readers meet the affiliate links before they reach it, and the FTC notes that many "won't read to the very end." The disclosure must appear before or immediately adjacent to the first affiliate link, not at the bottom of the page.
Do I need a separate disclosure page?
A dedicated disclosure page is good practice for transparency, but it doesn't replace in-content disclosures. Linking to a disclosure page from a footer or nav menu doesn't satisfy the requirement that consumers encounter the disclosure before engaging with affiliate links.
Is "affiliate link" enough wording, or do I need to mention commissions?
"Affiliate link" alone is often not enough. Many consumers don't know the term implies you earn a commission. Plain language that explicitly mentions a commission or financial benefit is the safer standard. "I earn a commission if you purchase through this link" is clearer and more defensible than "this is an affiliate link."
Do platform-provided labels like "Paid Partnership" satisfy the requirement?
Not necessarily. The FTC says it would judge "whether the use of the tool by itself clearly and conspicuously discloses the relevant connection." Platform labels help, but supplement them with your own explicit text disclosure. Consumers may not understand what platform labels mean, and the FTC standard requires that the disclosure be understandable to average consumers.
How often should I review my disclosure wording and placement?
At least once a year, and whenever the FTC updates its guidance, a platform changes its UX in a way that affects disclosure visibility, or you add new content formats to your site. The attribloom FTC affiliate disclosure guide is a useful resource for tracking current requirements.
The Checklist
Before any affiliate content goes live, run through this:
- Disclosure appears before the first affiliate link, not after
- Wording explicitly mentions commission or financial benefit
- Disclosure is readable on mobile at normal text size, not collapsed or truncated
- Long-form content has additional disclosures near comparison tables or product grids
- Video content includes both verbal and on-screen text disclosure
- Social captions include disclosure in the first line, before any truncation
- Platform labels are supplemented with own-text disclosure
- Email disclosures appear before any promotional content block
- Live streams include real-time verbal disclosure, not just an opening statement
Build the compliance check into your publishing workflow so it runs every time, not as a last-minute review before hitting publish.
An affiliate link disclaimer only works if readers actually see it. Put it where they will.
Digital Marketing Technologist
Yosef Kassabry is a media buyer with 11+ years in paid acquisition for Arabic-speaking audiences across MENA and the Gulf. He runs paid media through direct buys and affiliate networks, and writes about ad platforms, tracking, native ads and affiliate marketing for people who run campaigns.