The agreement requires associates to display a clear and conspicuous disclosure of their affiliate relationship with Amazon on any site containing Special Links, using Amazon's specified disclosure language. Compliance with this obligation is the associate's responsibility.
This analysis describes what Amazon Associates's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places FTC Endorsement Guide compliance responsibility on the associate, requiring a specific disclosure statement on all pages containing affiliate links; failure to comply constitutes a program policy violation that may result in fee reversal or account termination.
Interpretive note: The exact verbatim disclosure clause text could not be confirmed from the truncated HTML source; the excerpt reflects standard language observed in published versions of this agreement. FTC compliance standards for placement and prominence may evolve, and the agreement's specified language may not satisfy all FTC requirements in all contexts.
This provision requires associates to disclose their affiliate relationship to site visitors using specified language, and places the compliance burden for FTC material connection disclosure requirements on the associate rather than on Amazon.
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"You must clearly and conspicuously disclose to users of your Site that you may earn advertising fees from qualifying purchases made through Special Links on your Site. We require a specific disclosure: 'As an Amazon Associate I earn from qualifying purchases.'— Excerpt from Amazon Associates's Amazon Associates Operating Agreement
(1) REGULATORY LANDSCAPE: This provision directly engages the FTC's Endorsement Guides (16 CFR Part 255), which require clear and conspicuous disclosure of material connections between endorsers and advertisers. The FTC has issued guidance stating that affiliate commission relationships constitute material connections requiring disclosure. Enforcement authority rests with the FTC, and the FTC has pursued enforcement actions against both brands and individual affiliates for inadequate disclosure practices. (2) GOVERNANCE EXPOSURE: High. Associates who fail to display the required disclosure, or who display it in a manner the FTC deems not sufficiently clear and conspicuous (for example, buried in footnotes or on a separate disclosure page without proximate placement to affiliate links), face both program policy violations under this agreement and independent FTC enforcement exposure. The agreement specifies a required disclosure statement but does not provide detailed placement guidance beyond Amazon's program policies. (3) JURISDICTION FLAGS: FTC Endorsement Guide requirements apply to US-based associates and to associates whose content is directed at US consumers regardless of the associate's location. EU-based associates may face additional disclosure obligations under the EU's Unfair Commercial Practices Directive and national advertising standards, which may require more prominent or differently formatted disclosures than Amazon's standard language. (4) CONTRACT AND VENDOR IMPLICATIONS: Businesses operating affiliate content at scale should audit their disclosure practices across all published content, including social media posts, video content, and email newsletters containing Amazon affiliate links, as the agreement's disclosure requirement extends to all channels where Special Links are used. Third-party content management vendors used by associates may need to be assessed for disclosure compliance capabilities. (5) COMPLIANCE CONSIDERATIONS: Associates should review their disclosure placement practices against current FTC guidance, which requires disclosures to be proximate to affiliate links and visible without scrolling in most contexts. Associates operating in the EU/EEA should assess whether Amazon's specified disclosure language satisfies applicable national advertising disclosure requirements in addition to the FTC standard.
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This provision places FTC Endorsement Guide compliance responsibility on the associate, requiring a specific disclosure statement on all pages containing affiliate links; failure to comply constitutes a program policy violation that may result in fee reversal or account termination.
This provision requires associates to disclose their affiliate relationship to site visitors using specified language, and places the compliance burden for FTC material connection disclosure requirements on the associate rather than on Amazon.
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