The agreement prohibits use of the platform for unlawful purposes or conduct that could impair the platform, and specifically requires publishers to comply with applicable laws including material connection disclosure requirements and to refrain from fraudulent or misleading promotional conduct.
This analysis describes what Impact'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 establishes compliance with FTC endorsement and disclosure guidelines as a contractual obligation for publisher users, meaning violations of FTC disclosure requirements could constitute a breach of the platform agreement in addition to creating independent regulatory exposure. The broad prohibition on deceptive conduct applies to all promotional activity conducted through the platform.
Interpretive note: The specific disclosure requirements applicable to any given publisher depend on jurisdiction, campaign type, and the nature of the material connection, which the document does not exhaustively enumerate.
Under this clause, publishers and affiliates using the platform are contractually required to comply with applicable advertising disclosure laws and to avoid deceptive or fraudulent promotional practices. Violations of these requirements may constitute grounds for account termination under the agreement.
How other platforms handle this
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
In addition to these Terms, you also agree to: Our Acceptable Use Policy ("AUP"): https://legal.kajabi.com/policies/aup
Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama 3 models (currently available at https://llama.meta.com/llama3/use-policy), which is hereby incorporated by referen...
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"You agree not to use the platform for any unlawful purpose or in any way that could damage, disable, overburden, or impair the platform. Publishers agree to comply with all applicable laws and regulations in connection with their promotional activities, including applicable disclosure requirements for material connections, and agree not to engage in fraudulent, deceptive, or misleading conduct in connection with any campaign.— Excerpt from Impact's Impact Terms and Conditions
(1) REGULATORY LANDSCAPE: The acceptable use provision directly incorporates compliance with applicable laws, including the FTC's Guides Concerning the Use of Endorsements and Testimonials, which require clear and conspicuous disclosure of material connections between publishers and advertisers. The FTC has taken enforcement actions against both publishers and advertisers for inadequate disclosures in influencer and affiliate marketing contexts. GDPR and CCPA may also be implicated where publisher promotional activity involves tracking or targeting of end consumers. (2) GOVERNANCE EXPOSURE: Medium. The contractual compliance obligation reinforces existing regulatory requirements but also creates a direct contractual breach pathway for non-compliance, which impact.com could use as a basis for account suspension under the termination clause. (3) JURISDICTION FLAGS: FTC disclosure requirements apply to US-based activity; EU users are subject to the Unfair Commercial Practices Directive and national advertising standards that may impose additional or different disclosure obligations. UK users are subject to ASA and CAP Code requirements. (4) CONTRACT AND VENDOR IMPLICATIONS: Agencies and brands that manage publisher relationships through the platform should assess whether their publisher agreements include compliant disclosure requirements and whether their platform usage policies align with the acceptable use terms. (5) COMPLIANCE CONSIDERATIONS: Publisher and influencer programs should include regular audits of disclosure practices to ensure compliance with both the platform's contractual requirements and applicable regulatory standards. Non-compliance may trigger both account suspension and regulatory exposure.
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This provision establishes compliance with FTC endorsement and disclosure guidelines as a contractual obligation for publisher users, meaning violations of FTC disclosure requirements could constitute a breach of the platform agreement in addition to creating independent regulatory exposure. The broad prohibition on deceptive conduct applies to all promotional activity conducted through the platform.
Under this clause, publishers and affiliates using the platform are contractually required to comply with applicable advertising disclosure laws and to avoid deceptive or fraudulent promotional practices. Violations of these requirements may constitute grounds for account termination under the agreement.
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