- Short answer
- In the US, yes: the FTC expects affiliates to disclose pay, and your brand can be liable if they don't.
- What can count
- Commission, payment, or free or discounted products, even if you don't require a post
- How partners disclose
- Clearly and conspicuously, near the recommendation; "commissionable link" is probably not clear
- Your part as the brand
- You can be liable; guide partners, monitor them, fix misses: 255.1(d) says "should"; a program is no safe harbor
- Shopify Collabs
- Terms are yours or agreed with creators; no Shopify page we read requires disclosure or checks creators' posts
- Scope
- US FTC Endorsement Guides, revised 2023: guidance, not a statute; other countries' laws not checked here
Does an affiliate commission need to be disclosed?
In the US, yes. Under 16 CFR 255.5, payment or free or discounted products can be material connections, even without a required post. A material connection needs disclosing when a “significant minority” of the audience doesn't understand or expect it, and the nature of the connection must be clear, not every detail.
The FTC's FAQ asks affiliates to disclose clearly and conspicuously, the closer to the recommendation the better. Its example: “I get commissions for purchases made through links in this post.” A bare “commissionable link” is “probably not a clear disclosure.”
This is US guidance, not a statute, in the version effective July 26, 2023.
Is your brand liable when an affiliate skips the disclosure?
It can be. Under 16 CFR 255.1(d), advertisers are subject to liability for undisclosed, unexpected material connections with endorsers, even when the endorser is not liable. The same section adds:
Advertisers should: (1) Provide guidance to their endorsers on the need to ensure that their statements are not misleading and to disclose unexpected material connections; (2) Monitor their endorsers' compliance; and (3) Take action sufficient to remedy non-compliance and prevent future non-compliance.
The FTC's FAQ lists program elements for a brand's social media network; the same logic fits affiliates:
- what they can and can't say about your products;
- exactly how to disclose their connection to you;
- periodic searches of their posts;
- action on problems you find.
The FAQ adds that with such a program, one rogue influencer is unlikely to trigger enforcement; the program is still not a safe harbor.
Does Shopify Collabs handle disclosure for you?
No. The Collabs Terms leave program terms to the merchant and its creators. No Shopify page we read in October 2026, including the Collabs Help Center and the creator community guidelines, requires creators to disclose or describes Shopify checking their posts.
Delegating to an outside company doesn't relieve you of responsibility, the FTC adds, so the rule goes in your own partner terms; the Collabs vs affiliate app guide compares the tools that run them.
For UK audiences, see our answer on UK influencer ad labels.
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