Compliance
Draft for legal review. This document was prepared as a complete working draft. Clauses marked [Lawyer review] need a licensed attorney's sign-off before this page is relied on.
1. The principle
Every campaign on the ClickHeist network must be honest with the consumer and lawful where it runs. All traffic must comply with FTC guidelines, CAN-SPAM, TCPA, and the advertising, privacy, and consumer-protection laws of every jurisdiction it reaches. This page sets the baseline. Offer Terms may add stricter rules. When in doubt, ask your manager before you launch.
2. FTC and disclosures
- Clear and conspicuous. Affiliates must disclose their material connection to the advertiser (that they earn a commission) close to the promotion, in plain language, before the consumer clicks or buys. Not buried in a footer, not behind a link, not in a color that hides it.
- Truthful claims. Every claim must be true, substantiated, and approved for the offer. No invented results, no fake reviews or testimonials, no false scarcity, no misleading "as seen on" badges.
- Endorsements. Reviews and testimonials must reflect genuine experience and typical results, or state clearly that results are not typical. Paid or incentivized reviews must be disclosed.
- Pricing and terms. Trials, subscriptions, and negative-option offers must state the price, the billing terms, and how to cancel before the consumer commits.
3. CAN-SPAM (email)
- Accurate "From", "Reply-To", and routing information. No deceptive subject lines.
- Identify the message as an advertisement where required, and include the sender's valid physical postal address.
- A working unsubscribe mechanism in every message, honored within 10 business days, with no fee or extra steps.
- Send only to recipients who have consented or where a valid legal basis exists. No purchased lists without documented consent. No harvesting.
- Suppression lists from advertisers must be applied before every send.
4. TCPA and telemarketing (calls and SMS)
- Prior express written consent is required before any marketing call or text made with an autodialer, prerecorded voice, or to a mobile number. Consent language must name the seller(s), be clear and conspicuous, and not be a condition of purchase.
- Keep proof of consent (form, timestamp, IP, page URL, and the exact language) for every lead and produce it on request. [Lawyer review] Confirm one-to-one consent requirements and retention periods under current FCC rules and state law.
- Honor the National Do Not Call Registry, state DNC lists, and internal opt-outs. Respect calling-hour limits and state-specific telemarketing rules.
- SMS requires opt-in with clear program terms, message frequency, and STOP/HELP instructions.
- Pay-per-call affiliates must use only approved scripts and may not misrepresent who is calling or why.
5. Vertical-specific rules
- Insurance and Medicare-related offers: follow carrier, state, and CMS marketing rules, including required disclaimers and restrictions on using government names or seals.
- Finance and credit: no guaranteed approval, no misleading rate or savings claims, and required disclosures under TILA, Regulation Z, and state lending law.
- Health, beauty, and supplements: no disease, cure, or unrealistic results claims; substantiate every efficacy statement; follow FDA and FTC guidance.
- Home services and solar: accurate savings and incentive claims; no impersonation of utilities or government programs.
- Lead generation: transparent forms, no pre-checked consent, and data handling that matches the privacy notice shown to the consumer.
6. Platform policies
Traffic bought or earned on ad platforms, search engines, social networks, or app stores must comply with that platform's advertising, landing-page, and content policies. A campaign that violates platform policy violates these standards even if the law allows it.
7. Disclosure examples
Acceptable affiliate disclosure, placed above the fold near the offer:
- "We may earn a commission if you buy through links on this page."
- "This is a paid advertisement. Sponsored by [advertiser]."
- "Advertorial. The publisher receives compensation for qualified leads."
Not acceptable: disclosures below the fold, in the footer only, in tiny or low-contrast text, hidden behind "learn more", or absent on the ad itself when the ad makes claims.
8. Monitoring and enforcement
ClickHeist reviews creatives before approval, monitors live campaigns, and investigates advertiser and consumer complaints. Violations result in conversion reversal, payment holds, offer removal, or account termination depending on severity, and may be reported to the advertiser and, where required, to authorities.
9. Report a concern
To report a non-compliant campaign, a consumer complaint, or a suspected violation, email legal@clickheist.com. Consumers who wish to opt out of communications from a ClickHeist affiliate or advertiser can also write to that address and we will route the request.