Disclosures and Disclaimers
Any and all product disclosers and disclaimers must be clear and conspicuous, and not likely to cause consumer confusion. This relates to any kind of disclosure, disclaimer, terms of sale, etc., related to any product or advertising activity on or otherwise related to ClickBank. What does “clear and conspicuous” mean according to the FTC?
To make a disclosure “clear and conspicuous,” advertisers should use clear and unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily. They should not have to look for it. In general, disclosures should be:
Close to the claims to which they relate;
In a font that is easy to read;
In a shade that stands out against the background;
For video ads, on the screen long enough to be noticed, read, and understood;
For audio disclosures, read at a cadence that is easy for consumers to follow and in words, consumers will understand.
A disclosure that is made in both audio and video is more likely to be noticed by consumers. Disclosures should not be hidden or buried in footnotes, in blocks of text people are not likely to read, or in hyperlinks. If disclosures are hard to find, tough to understand, fleeting, or buried in unrelated details, or if other elements in the ad or message obscure or distract from the disclosures, they don’t meet the “clear and conspicuous” standard.
Please also reference FTC Guidance: How to Make Effective Disclosures in Digital Advertising.