Clickbank released some new rules recently for vendors (and affiliates) to be more in line with FTC requirements. They’ve made minor changes to their rules before, with minor effects, but these may be more serious. Whether you’re a vendor on Clickbank, an affiliate with them or you just want to see an example of how careful one should be in promoting products, you should check out their new rules. These apply especially to those promoting products about making money online, but it matters in other niches too, especially in areas such as health. While the guidelines page title says vendor, it’s important to note that affiliates are expected to follow these rules as well:
Screenshot from the Clickbank site:

Here are some of the big points:
- Specific advertising claims must be from real examples and actual experiences, and must be something you can substantiate. No making up stories.
- You can’t infer that the product is significantly easier to use than it really is.
- Affiliates are not to pose as neutral third parties comparing products just to make a commission when one is sold.
- Vendors must include a script to all sales videos for Clickbank to consider during the approval process.
- No false scarcity. If you say there are only 300 copies available, Clickbank will monitor sales and halt them at that number.
- No more claiming a sale price if you haven’t sold the product at that price before.
- No more than 3 upsells and two exit offers in the sales flow, with clear “no thanks” links.
- No corporate logos on sales pages without documented permission to use said logos.
- Prices, including rebill prices, must be clearly presented.
All in all, it’s what I would call pretty good stuff. Current vendors have until August 31, 2011 to get in line with these new terms. I think the start of September may be very interesting. If Clickbank enforces these strictly, I think there will be a lot of devastated vendors and affiliates scrambling to cope as noncompliant products get taken down. Just now, when you go through the e-marketing and e-business section, most of the top products don’t look particularly compliant.
Enforcement is going to be interesting. The basic way Clickbank has handled things in the past, you set up your sales page and send them your product for review, they check it and if it all looks good, you’re in the marketplace. The only problem is that it’s very easy to change both the page and the product after approval.
Policing sites for such changes would be difficult, but certainly not impossible. Makes things more expensive for Clickbank, I would imagine.
The other option is to rely on complaints, which I suspect won’t be good enough for the FTC. That there’s a chronic problem with exaggerated claims and full on false statements in the make money online industry is well known.
I’ve seen some people bemoan the loss of the “wild west” atmosphere of online marketing. Some feel that the right to free speech includes the right to claim whatever you want when you sell something.
That hasn’t been true for a long time. The only reason people are so used to it on the internet is because the internet is so much harder to regulate. That doesn’t make it right when people tell desperate buyers that they can make thousands of dollars in just a few mouse clicks. Being able to back up the claims you make about your product has been the law for a very long time.
Honestly, I don’t expect these changes to make a big difference. I’d like them to, but there are more payment processors out there, and plenty are willing to take on products places such as Clickbank may not want anymore.
This is, naturally, all about protecting Clickbank as a business. They want to have something they can point to saying that a vendor not obeying FTC rules was breaking their Terms of Service. I don’t know if that will be enough, but with the FTC stepping up enforcement and credit card companies looking harder at who they’re allowing to process payments, Clickbank has to do something to protect themselves. I don’t think it will remove their liability, but it might help.
I have no doubt in my mind that the vendors used to making big money off heavily hyped products and misleading claims know how they’re going to handle these changes. I expect a change in tactics, not so much a change in their business as a whole. I firmly believe that “buyer beware” will continue to be a good thought to keep in mind when you seek out ways to earn money from home.
Of course, if this works out, it would be wonderful. No more “As Seen On” lists of logos that really mean the product has been advertised on sites such as Google. No more products claiming to have just 9 more copies left for months on end while claiming tremendous popularity. Maybe even more products in the Clickbank Marketplace that I can feel good about promoting. I won’t even touch most of them because I loathe the typical sales letter so.
I’m also wanting to know how this will be enforced on affiliates. Vendors aren’t the only ones who make these wild claims, and by current FTC rules, vendors are responsible for what affiliates do too. Could get interesting, especially since Clickbank vendors don’t have direct contact with affiliates unless they get the affiliates to sign up with them directly. It’s rather difficult to be responsible for affiliates when you don’t know who they are or what they’re doing. Could this start a wave of Clickbank bans of affiliates?




