By SelPage Editorial Team — Published and last reviewed October 18, 2026.
An affiliate marketing legal checklist should help you inspect what you publish, what you promise, which assets you use, and what data you collect. Start with the actual recommendation and work outward to the program agreement and your operating records.
This is a publishing review framework, not individualized legal advice or a universal compliance certificate. It draws on identified US, Australian, and UK guidance. Applicable obligations depend on your location, audience, activities, and tools.
Check the Recommendation and Its Supporting Evidence
1. Identify Your Audience, Activities, and Program
Create a short scope note before reviewing individual pages: where you operate, where you direct your content, which programs you use, and whether you publish stores, reviews, social posts, videos, or email campaigns. List any regulated product areas that need specialist review.
The FTC's influencer guidance explains that US rules can apply to posts from abroad when effects on US consumers are reasonably foreseeable. The ACCC's social media guidance addresses misleading promotions in Australia. Use those sources within their scope; neither is a substitute for reviewing your own circumstances.
2. Disclose the Connections That Matter
Under 16 CFR 255.5, unexpected connections that could affect credibility need clear disclosure. Include relevant commissions, gifts, sponsorships, employment, or family relationships in your review. Explain what actually applies, without claiming independence that your arrangement does not support.
An editorial example is: I earn a commission when you buy through the paid links in this guide. Add a separate explanation if the brand also supplied a sample. Use the disclosure examples to draft wording, then inspect its placement on the live recommendation.
Three Checks to Keep Together
Use these prompts alongside the detailed review below.
Before Drafting
List the audience, program, relationship, and intended publishing channels.
Before Sharing
Inspect claims, permissions, disclosures, links, and tracking behavior.
After Changes
Keep a review record and revisit affected pages when facts or terms change.
3. Check Claims Against Evidence
Make a claim list before publishing. For each sentence about testing, compatibility, savings, durability, or results, record the basis for it. Distinguish your direct experience from a manufacturer's specification and from an editorial opinion.
- Remove “I tested” if you did not personally test the product.
- Check model numbers, sizes, and compatibility against the specific destination.
- Keep dated evidence for a price or availability claim, or avoid a claim you cannot maintain.
- Describe a limitation when it changes who the recommendation suits.
- Use specialist review for health, financial, or other regulated claims.
Disclosing a commercial relationship does not make a misleading product statement acceptable. Review honesty and evidence alongside disclosure.
4. Verify Image, Text, and Brand Permissions
Use original assets or material you are authorized to publish. A retailer image being visible online does not establish your right to copy it. The US Copyright Office's permissions FAQ explains that fair use depends on circumstances and has no fixed word or percentage allowance.
Keep the asset source, permission or license, permitted channels, restrictions, and expiry where relevant. A program's image permission may have conditions different from its link permission. Do not imply brand endorsement through badges, logos, or page wording.
Make Your Next Review Concrete
Verify the Listing
Inspect the Public Page
Keep the Record
5. Review Program Terms Separately from Law
Read the agreement for each program and the marketplace you joined. Build a program-specific note covering approved publishing locations, link formatting, image use, price display, promotional channels, and any required wording. The Amazon.com agreement is one example of a program contract with its own Associate identification requirement.
Do not assume that permission for a website also authorizes every email, paid advertisement, social format, or link tool. Resolve unclear uses through the program's official support or qualified advice. For Amazon-specific placement, see the Amazon Associates disclosure guide.
6. Inventory Tracking and Privacy Information
Write down the tools on your actual publishing surface: analytics tags, advertising pixels, forms, embedded media, and affiliate link tools. Identify the data and storage involved, the purposes, and who receives it. Review your privacy information and any consent mechanism against that inventory.
The UK ICO's current storage-and-access guidance covers more than cookies, including pixels, link decoration, and scripts. It describes permitted circumstances and consent requirements, with data protection law also relevant when personal data is involved. Assess the rules and exceptions for your implementation; adding a banner alone does not establish the right setup.
Check how the page behaves after a visitor declines optional tracking and when they change their choice. Keep unnecessary personal information out of campaign names and reporting links.
7. Check Email and Keep Business Records
If you send commercial email, review the rules that apply to your audience and activities. The FTC's CAN-SPAM guide covers US requirements such as accurate headers and subject lines, sender address information, opt-out mechanisms, and handling opt-out requests. Other countries can require consent before marketing messages are sent. A program can also restrict affiliate links in email.
Keep commission statements, payment records, expenses, agreements, and review notes. The IRS recordkeeping guidance explains the role of business records in supporting US income and expense reporting. Check local registration, tax, and retention requirements with a qualified adviser.
8. Turn the Checklist into a Publishing Record
| Review area | Evidence to keep | Follow-up trigger |
|---|---|---|
| Disclosure | Wording, page URL, mobile screenshot, and review date. | New relationship or layout. |
| Claims | Testing notes or dated source for factual claims. | Product model or specification changes. |
| Assets | License, source, and relevant restrictions. | New channel or permission expiry. |
| Program | Agreement link and unresolved questions. | Policy notification or new campaign format. |
| Privacy and email | Tool inventory and applicable review decisions. | New tracker, form, or email activity. |
Assign each open question to a person and keep it open until resolved. Treat this as a recurring maintenance task when the underlying content or arrangement changes.
Review Your Store Before You Share It
SelPage lets you choose among store themes, create store categories, and assign products to categories. Start with the setup guide, then review each listing's name, description, image, optional price, and external link using the product guide. Inspect disclosure placement in your chosen theme rather than assuming it is inserted automatically.
Use the feature overview and current plans for product planning. Check visit reporting separately from program sales and commission statements. Open your SelPage collection and save a short review record for the next campaign.
Sources Checked
- 16 CFR 255.5: disclosure of material connections
- FTC influencer disclosure guidance
- ACCC: social media promotions
- US Copyright Office: permissions and fair use FAQ
- Amazon.com Associates Operating Agreement
- ICO: storage and access technologies
- FTC: CAN-SPAM compliance guide
- IRS: business recordkeeping
Checked October 18, 2026. Examples, review workflows, and scorecard conventions are editorial applications of the cited material. Recheck the applicable guidance and program terms when publishing or changing your setup.
FAQ
Frequently Asked Questions
Practical answers about your publishing review.
- No. It is a publishing review framework based on identified sources. Your location, audience, product category, program agreement, and data practices determine the review you need.
- Yes. A product supplied by a brand can be a connection readers should understand. Explain the sample arrangement as well as any commission relationship that applies.
- Only use assets you are authorized to publish or that have another valid legal basis for your use. Check the license and program conditions, and retain evidence of permission.
- No. Review the actual technologies, information collected, applicable rules, privacy information, and consent or other permitted circumstances for the implementation.
- Check your program permission and the email laws that apply before doing so. Rules on consent, sender identification, and opting out differ by jurisdiction and activity.
- Keep program agreements, asset permissions, claim evidence, disclosure review notes, commission and payment statements, and relevant expenses. Get advice on local tax and retention requirements.
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