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FTC Compliance for non-US Affiliate Programs

K

Katrina J

Guest
Hi,

I would just like to clarify if for Affiliate Programs that are non-US based are they still required to comply with FTC's guidelines for affiliate marketing? For example, we are an AU business and planning on launching an affiliate program first to AU affiliates, should we still comply with FTC's guidelines?

And if we are an AU business planning on launching an affiliate program to US affiliates and the rest of world, do we have to comply with FTC's guidelines?
 

SirOdds

Affiliate
affiliate
@Katrina J I'm new to AF, but I guess this applies equally to other walks of life where the same issue presented.
It all boils down to jurisdiction and trade agreements. Huge mega gray area.

If operating in US, definitely yes. Otherwise, no - unless there is a solid trade agreement specifically for that business & country.

Add the internet to the equation and it all goes bananas.

If you are targeting the US from a non-FTC compliant country and offer, they can try to shut you down indirectly. But the efforts and resources necessary to do this are in direct proportion to the seriousness of the violations committed.

Maybe you're not juridically bound, not even targeting the US, but using a US hosting service for your LPs ... you qualify.

So rule of thumb - comply.

- What reasons would you have to not want to comply?
- Is it worth it that much to not comply?

Again, this is my experience for other areas. I hope someone can clarify this better than me
 
K

Katrina J

Guest
@Katrina J I'm new to AF, but I guess this applies equally to other walks of life where the same issue presented.
It all boils down to jurisdiction and trade agreements. Huge mega gray area.

If operating in US, definitely yes. Otherwise, no - unless there is a solid trade agreement specifically for that business & country.

Add the internet to the equation and it all goes bananas.

If you are targeting the US from a non-FTC compliant country and offer, they can try to shut you down indirectly. But the efforts and resources necessary to do this are in direct proportion to the seriousness of the violations committed.

Maybe you're not juridically bound, not even targeting the US, but using a US hosting service for your LPs ... you qualify.

So rule of thumb - comply.

- What reasons would you have to not want to comply?
- Is it worth it that much to not comply?

Again, this is my experience for other areas. I hope someone can clarify this better than me

Hi @SirOdds

Thanks for the response. Yes, it's really a grey area. I've been looking everywhere as well and still can't find the specific answer to my question. Anyway, there are no serious reasons really that we would not want to comply. It's more like of connecting all the dots in the preparation of launching an affiliate program.

Thanks again.
 
MI
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