Legal Disclosure

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Affiliate Marketing

 

Affiliate Marketing is a referral program where Sites pay commissions to Affiliates who send Traffic to their Site that results in a Sale. La'Nise is a Trusted Global Affiliate Partner and Publisher.

 

Brief History of Affiliate Marketing

 

Affiliate Marketing is one of the earliest forms of Performance-Based Online Marketing. In the 90s, at the dawn of the Modern Internet, Organizations and Individuals began creating Websites and Content. Once Search Engines made it easier to find and navigate this content, Marketing changed forever. As the World spent more of its time and money on-line, Marketers invented ways to leverage this Communication Channel, and Opportunities for Partnerships between Website Owners began. Content Creators developed new ways to Monetize their Sites, including how to get paid for the exposure they gave Merchants in the form of Site Visitors. Merchants learned how to reach New Audiences, but also to pay Content Creators only when their exposure turned into Actual Sales. On-line Advertising also changed during this time, shifting from Businesses paying for a fixed number of Ad Impressions to Models that emphasized higher quality, measurable results. Each of these events led to the modern state of Affiliate Marketing. 

 

Region Affiliate Specific Guidelines

US Guidance 

The Federal Trade Commission (“FTC”) requires anyone engaged in Affiliate Marketing in the U.S. to clearly and conspicuously disclose that they may receive compensation for their promotion of Third-Party Products or Services. This applies to any format of Affiliate Marketing activity, including:

UK Guidance 

The Advertising Standards Authority (“ASA”) requires anyone engaged in Affiliate Marketing in the UK to comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (“CAP Code”) . This applies to to any format of Affiliate Marketing activity, including:

FR Guidance

In Affiliate Marketing, the relevant legal requirements in France must be observed, which may arise in particular from the French civil code ("Code civil"), the French Consumer Code ("Code de la consommation") and the Digital Economy Law ("Loi pour la confiance dans l’économie numérique" or "LCEN").

AU Guidance

Advertising in Australia is partly self-regulated by the industry via the Ad Standards, and partly regulated by both the Australian Competition and Consumer Commission (“ACCC”) under the Australian Consumer Law (“ACL”), as well as the Australian Communications and Media Authority (“ACMA”) n Affiliate Marketing under the Spam Act.

AANA and the Code

The Australian Association of National Advertisers (“AANA”) is the peak industry body for advertisers in Australia.  The AANA has published various codes for different types of advertising, including an overarching Code of Ethics (the “Code”), to ensure that advertisements and other forms of Marketing communications are legal, honest, truthful and have been prepared with respect for human dignity, an obligation to avoid harm to the Consumer and Society, and a sense of fairness and responsibility to Competitors. The Code applies to Advertising and Marketing Communications published or broadcast in any medium over which the Advertiser has a reasonable degree of control, which promotes a Product, Service, Person or Organization.  The Code specifically states that advertising shall be clearly distinguished as such, and an accompanying practice note provides further guidance for influencer and Affiliate Marketing. 

 

ACCC and the ACL

 

The ACL requires transparency in Advertising and Marketing Practices in Australia because it is illegal to engage in conduct that is misleading or deceptive or is likely to mislead or deceive.  Misleading and deceptive conduct can relate to:

 

This means that anyone engaged in Affiliate Marketing in Australia must clearly and conspicuously disclose that they may receive compensation for their promotion of Third-Party Products or Services and disclose if their content contains Affiliate Links and that they earn a commission if Users purchase using those links.

 

ACMA and the Spam Act


Finally, ACMA regulates the Spam Act which prohibits Affiliates and Brands from sending Marketing (including affiliate links) to Customers without their specific consent to receive such Marketing Communications and requires both that you clearly identify who authorized the message (as well as that a clear and simple unsubscribe button be included in every marketing communication).

 

DE Guidance

In Affiliate Marketing, the relevant legal requirements in Germany must be observed, which may arise in particular from the Unfair Competition Act ("Gesetz gegen den unlauteren Wettbewerb" or "UWG"), the Telemedia Act ("Telemediengesetz" or "TMG") and the Media State Treaty ("Medienstaatsvertrag" or "MStV"). As a partner of the ePN, you are required to design your content in accordance with these legal requirements. Violations of this may result in your exclusion from the "ePN affiliate program".

Other Legal Requirements and Data Protection

In addition to these requirements relating to Advertising and Competition Law, all other relevant legal requirements must of course also be observed. If personal data is collected or otherwise processed in the context of Affiliate Marketing, for example, the requirements of the General Data Protection Regulation ("GDPR") and the German Federal Data Protection Act ("BDSG") must be observed.

Digital Services Act

It should be noted that from 17 February 2024, when the Digital Services Act (Regulation (EU) 2022/2065 or "DSA") became fully applicable, more extensive requirements and obligations apply to Affiliate Marketing. La’Nise is committed to comply with Legal requirements, therefore please also refer to our Privacy Policy and Terms of Use.