Affiliate marketing is the term given to marketing whereby a supplier puts adverts for its products or services on a third party's website. Usually, if a sale results from that activity, the third party gets commission.
There are a variety of legal rules and codes of conduct that apply to advertising. Given that affiliate marketers often fall foul of these, the Advertising Standards Agency (ASA) and Committee of Advertising Practice (CAP) have produced some specific guidance in relation to affiliate marketing.
The guidance given, in summary, is:
• Make sure the commercial nature of the advert is clear. It is always necessary to make clear that an advert is an advert and not independent editorial content. With affiliate marketing, it is particularly important to make the distinction given that the advert is placed on a third party's website and not the supplier's own.
• Retain control over the content. Some suppliers mistakenly believe that if the affiliate is preparing the text of the advert, it will be responsible for the content, but this is not the case. The supplier needs to ensure that they approve the advert before it is published..
• Ensure conditions of promotions are included. If any terms and conditions are likely to affect a consumer's understanding of a promotion they need to be published with the advert or, if space is limited, on a separate page via a link within the advert.
The guidance given, in summary, is:
• Make sure the commercial nature of the advert is clear. It is always necessary to make clear that an advert is an advert and not independent editorial content. With affiliate marketing, it is particularly important to make the distinction given that the advert is placed on a third party's website and not the supplier's own.
• Retain control over the content. Some suppliers mistakenly believe that if the affiliate is preparing the text of the advert, it will be responsible for the content, but this is not the case. The supplier needs to ensure that they approve the advert before it is published..
• Ensure conditions of promotions are included. If any terms and conditions are likely to affect a consumer's understanding of a promotion they need to be published with the advert or, if space is limited, on a separate page via a link within the advert.
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