FTC Affiliate Disclosure Requirements: What Brands Need to Know in 2026

Quick Answer

What are the FTC affiliate disclosure requirements for brands in 2026?

FTC 2023 guidelines require clear and conspicuous affiliate disclosures at the beginning of any content that includes affiliate links — not buried in footers or using vague terms like 'partner.' Brands are jointly liable with publishers for non-compliant disclosures. Compliant disclosure language: 'This post contains affiliate links. I earn a commission if you purchase through my links, at no extra cost to you.'

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FTC Affiliate Disclosure Requirements in 2026

The FTC's 2023 Endorsement Guides update fundamentally changed what's required of brands and publishers in the affiliate marketing space. Non-compliance is no longer just a publisher problem — brands are jointly liable for publishers who don't disclose properly. Here's what you need to know.

What the 2023 FTC Updates Changed

The key change: the FTC clarified that "clear and conspicuous" means before the affiliate link appears in the content, not buried in a footer or in a disclaimer page the viewer has to navigate to.

The previous guidance allowed disclosure "somewhere near" the affiliate link. The 2023 update eliminates this ambiguity: the disclosure must appear so that the consumer sees it before clicking.

What's now required:

• ◆Disclosure before the first affiliate link in any piece of content
• ◆Language that is unambiguous about the commercial relationship
• ◆Placement that doesn't require the reader to scroll, click, or expand to see it
• ◆Applicability to ALL content formats: blog posts, social media, video, email, podcasts

What's no longer compliant:

• ◆Footer disclaimers ("This site may receive commissions...")
• ◆Instagram hashtag disclosures (#ad buried in a list of 20 hashtags)
• ◆Disclosure-in-description for video content (must be in the video itself or in the first 3 lines of caption)
• ◆Vague language like "partner links" or "sponsored" without further explanation

Compliant Disclosure Language

For blog/written content:

> "This post contains affiliate links. If you purchase through my links, I earn a commission at no extra cost to you."

For social media (Instagram/TikTok/Facebook):

> "Ad: [Brand] gifted this / I earn commission on purchases through my link" — must appear in first 3 lines of caption, before any link

For YouTube/video content:

> Must be stated verbally within first 30 seconds OR via on-screen text overlay visible in the video itself (not just description)

For email:

> Disclosure in the opening paragraph, before any product recommendations or links

Brand Liability Under the 2023 Guidelines

This is the change most brands miss: the FTC 2023 update explicitly states that brands can be held liable for publisher non-compliance. If you're running an affiliate program and your publishers are posting non-compliant content, the FTC can pursue the brand, not just the publisher.

This means brands need to:

1. Include compliant disclosure requirements in their affiliate program terms
2. Audit publisher content periodically for compliance
3. Have a documented process for flagging and correcting non-compliant publishers
4. Maintain records of compliance communications

Platform-Specific Requirements

Instagram: Use the native "Paid Partnership" tag for gifted content + text disclosure. The paid partnership tag alone is not sufficient for affiliate links (only for gifted/sponsored arrangements).

TikTok: TikTok's native Creator Marketplace disclosure doesn't automatically cover affiliate links. Text disclosure in first 3 lines of caption is required in addition.

YouTube: YouTube's built-in "Includes paid promotion" banner is not FTC-compliant for affiliate links — it only covers paid sponsorship arrangements.

Amazon Live / Amazon Storefront: Amazon's own disclosure banners are generally compliant, but publishers should still add disclosure language in video descriptions.

What Brands Should Do Now

1. Update your program terms to include explicit FTC disclosure requirements with examples
2. Create a publisher compliance guide — a one-page PDF showing compliant vs non-compliant disclosure for each major platform
3. Add disclosure audit to your monthly publisher review — spot-check 10-20 publisher pages per month
4. Include disclosure training in your onboarding sequence — most non-compliance is ignorance, not bad faith
5. Create a correction process — when you find non-compliant content, email the publisher with the corrected language and request they update within 5 business days