Keep“I don’t need to disclose when I get paid.”
You do. If a payment or other benefit could change how the audience sees an endorsement, it has to be disclosed clearly and conspicuously.
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Educate yourself
Are you being lied to?
Here is what creators, studios, and agencies sometimes claim about paid promotion, and what the Federal Trade Commission’s Endorsement Guides actually say.
Creators, studios, and agencies operating inside the United States are expected to follow these rules, no matter what.
This information is for reference only and should not be taken as legal advice. If you are an influencer, we suggest that you consult your own attorney.
“It doesn’t count when I use affiliate links.”
It does. Commissions and revenue share from sales are a financial relationship, even without a separate sponsorship contract, and that relationship should be disclosed whenever you promote those products.
“I only need to disclose one time per sponsorship.”
After accepting payment from a brand, every promotional post or stream covering that brand (or the brand’s products) needs a disclosure, and livestreams should repeat it for viewers who join late. There is no set expiration date. The obligation lasts as long as the relationship could still matter to viewers.
“I was paid by a brand to promote a game for a YouTube video, but I don’t need to disclose when I stream that same brand's game on Twitch.”
You need to disclose everywhere. The relationship follows the creator to every platform and format, whether or not the brand paid for that particular post.
“It’s just a tweet, so I don’t need to disclose.”
Text posts count too. Endorsements include social media messages, so posts telling people to buy a game need a disclosure just like videos and streams.
“My video never hit the view threshold the brand required me to hit, so I was never paid.”
It still counts. The rule covers the “possibility of being paid,” so promotional content made under that incentive needs a disclosure.
“I never won the sweepstakes the brand required me to a post a video about their product to qualify for, so my entry post doesn’t need a disclosure.”
It does. A chance to win a prize counts as a benefit when the post is made to enter, regardless of whether you won the prize.
“I got the brand's game (and maybe some in-game items) for free but I wasn't required to promote the game, so I don’t need to disclose.”
It can still count. Free products and other benefits count if they’re still considered material.
“I finished my paid deal with the brand, so I don’t need to disclose anymore.”
There’s no fixed expiration date on when you need to stop disclosing your material relationship with a brand. The next day, you still need to disclose. How long you need to continue disclosing on new posts depends on whether the relationship could still matter to viewers, such as how significant and recent the material relationship was.
“We’re the brand. If the influencer didn’t disclose their material relationship to us, that’s on them.”
Brands aren’t automatically off the hook. They’re expected to guide endorsers, monitor compliance, and take corrective action.
The shared rule · 16 CFR § 255.5(a)
When an unexpected relationship could materially affect how the audience judges an endorsement, “such connection must be disclosed clearly and conspicuously.”
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“I believe that all influencers, game development studios, and marketing agencies uploading content to any platform operating in the United States should be held accountable for violating federal consumer protection laws, including the Federal Trade Commission’s regulations regarding paid endorsements.”
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