(d) You will not use any Program Content, including any name or likeness embodied in that Program Content, in a manner that implies a person’s or company’s endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to Program Content).
Connections between an endorser and the company that are unclear or unexpected to a customer also must be disclosed, whether they have to do with a financial arrangement for a favorable endorsement, a position with the company, or stock ownership. Expert endorsements must be based on appropriate tests or evaluations performed by people that have mastered the subject matter.
The two primary players in any affiliate marketing arrangement are the content-creating affiliate and the product-selling merchant. But as affiliate marketers know, networks such as Commission Junction and LinkShare are key components of the “ecosystem” as well. Just as many sites that monetize via display advertising attempt to establish direct relationships with advertisers and cut out ad networks, successful affiliate marketers may wonder about eliminating networks and working directly with their merchants.
The seller, whether a solo entrepreneur or large enterprise, is a vendor, merchant, product creator, or retailer with a product to market. The product can be a physical object, like household goods, or a service, like makeup tutorials. Also known as the brand, the seller does not need to be actively involved in the marketing, but they may also be the advertiser and profit from the revenue sharing associated with affiliate marketing.
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