As an affiliate marketeer you are a “trader” for the purposes of the Consumer Protection from Unfair Trading Regulations 2008 (the “Regulations”).
Under the Regulations, it is an offence to:
1. Falsely claim or create the impression that you are not acting for purposes relating to your trade, business, craft or profession, or to falsely representing yourself as a consumer.
2. Put text on your website to promote a product where you receive a commission for promoting that product without making that clear. ‘Clear’ means clearly, obvious and easily understood, and identifiable by the visitor.
The disclosure icon is designed to help you give clear and unambiguous notice/information to visitors that you may earn a commission for recommending products on your website/s. The icon must be in the visitors’ field of vision as soon as they enter your website. For this reason, the icon must be placed above the fold so that the disclosure is visible without the visitor having to scroll down the page.
If the icon is placed in any other position, there is a risk that it is not prominent and will not be noticed by visitors. If the icon is not prominent and is not immediately visible to visitors to your site, then your whole website may be considered misleading. If so, you will be committing an offence that can be punished by criminal proceedings and a fine and/or prison or through a financial penalty and you will be required to take your website down. Don’t take the risk!
Remember, YOU ARE RESPONSIBLE FOR THE CONTENT ON YOUR WEBSITE.
If you have questions you can speak directly to our compliance officer here.
Do you believe that an affiliate is acting unethically? Complete the Unethical Advertising Claims form and MoreNiche will investigate.