Influencer and Creator Advertising Requirements

Influencer and Creator Advertising Requirements

Updated October 19, 2023

To ensure a quality experience, all Influencers and Creators must abide by the requirements set out herein.

I. Permissible Advertising Materials

Influencers and Creators are solely permitted to use advertising materials (including text, graphic, video, audio, and photographs) preapproved by Infuse. If a Influencer and Creator wishes to develop and use its own advertising materials (“Influencer and Creator Creative”), it must submit the materials for review and approval prior to use. Influencer and Creator will be informed in writing as to whether approval to use Influencer and Creator Creative is granted or denied. Influencer and Creator Creative may only be used with prior written approval. Reach out to your Infuse Account Manager if you have any questions about the preapproval process requirements.

Material edits or other modifications to preapproved Influencer and Creator Creative are not permitted without prior written approval.

II. Requirements Specific to Influencer Marketing

All influencer marketing must comply with applicable laws and requirements, including the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”) and Disclosures 101 for Social Media Influencers. All influencer marketing must disclose any material connection between influencer and brand, product, service, or good(s) being promoted. Influencers are required to disclose the financial connection with UpLevel. Below are some key considerations to keep in mind:

  • Disclosures must be placed in a way that is hard to miss and made in simple and clear language (e.g., “Advertisement,” “Ad,” “Sponsored”). Influencer content should avoid the use of vague or confusing terms like “sp,” “spon,” or “collab,” or stand-alone terms like “thanks” or “ambassador,”

  • Disclosures must be provided in the same form(s) as the endorsement itself. For example, if an influencer is making an endorsement in a video, material disclosures should be made in the video itself and in the video’s description.

When marketing the UpLevel rewards program, follow these rules:

  • All ads must clearly and conspicuously disclose that to qualify for a reward, a consumer may incur monetary obligations.

NOTE: All Rewards advertising must contain one of the following disclosures, clearly and conspicuously displayed to the consumer in the advertisement, including any pre-lander or other webpages associated with the advertisement:

  • Paid Participation Required

  • Purchase Required

  • Payment Required

  • Shop, Play, Get Rewarded

  • Shop, Play, Earn

  • Do not use the word “free” or other words and phrases that are synonymous, such as “no cost” or “complimentary.”

  • Do not state or imply that a reward will be received in exchange for providing personal information, without any other cost or obligation.

  • Do not state or imply that consumers have won, can win or were specially selected for a reward. Do not state or imply that rewards are a sweepstakes, games of skill or there is an element of chance involved in getting a reward.

  • Do not state or imply that all consumers must do is complete a survey, without any other cost or obligation, to obtain a reward.

  • Do not state or imply that all consumers must do is ‘verify information’, ‘confirm shipping details,’ or otherwise suggest, directly or indirectly, that a reward is ready to be ‘claimed’.

  • Do not state or imply that a reward is available only for a short period of time or in a limited quantity unless that is the case and can be substantiated. Do not misrepresent the need for promptness or urgency in responding to any advertising, marketing, or promotion of a reward.

  • Do not misrepresent the amount of time in which a consumer will receive a reward.

  • Do not misrepresent any other fact material to consumers concerning a reward, such as: the total costs; any material restrictions, limitations or conditions; or any aspect of the benefits, nature, or central characteristics of a reward.

  • Do not state or imply that the opportunity to qualify for a reward is an employment opportunity.

  • Do not state or imply that a reward is tied to any government program, including unemployment benefits or other government assistance, grant, loan or payment, or any employment opportunity.

III. Additional Basic Advertising Principles

  1. Claims Must Be Truthful. Truthful claims are claims that contain accurate content – ads must not contain false information.

  1. Claims Must Be Accurate – Not Misleading or Deceptive. Claims in ads must set out accurate information concerning the offer. Even if a claim contains accurate information, it may be misleading if it the overall impression it creates concerning the advertised website is inconsistent with the reality of the offer.

  1. Claims Must Be Capable of Substantiation. All claims must be able to be supported with facts and evidence. In other words, if you are describing the UpLevel site, it must be an accurate description of the site and process.

  1. Material Terms Must Be Disclosed. A material term is a term that an average consumer would reasonably consider necessary to make an informed decision or action. Material terms of the UpLevel offer include that a purchase is required and that multiple deals are required to obtain a reward.

  1. Disclosures Must Be Consistent with Underlying Claim. Disclosures must not be contradicted or be inconsistent with the claims presented in an advertisement. A contemporaneous or later disclosure cannot be used to “explain away” information or contradict the claim itself.

  1. Disclosures Must Be Made in a Clear and Conspicuous Manner – Disclosures of material information must be clear and conspicuous, which means they must be difficult to miss (i.e., easily noticeable) and easily understandable by ordinary consumers. To ensure that a disclosure is clear and conspicuous, keep in mind the following:

    1. In any communication that is solely visual or solely audible, the disclosure must be made through the same means through which the communication is presented.

    2. In any communication made through both visual and audible means, such as a TikTok ad, the disclosure must be presented simultaneously in both the visual and audible portions of the communication – even if the representation requiring the disclosure is made in only one means.

    3. A visual disclosure must stand out from accompanying text or other visual elements so that it is easily noticed, read, and understood.

    4. An audible disclosure (e.g., streaming video) must be delivered in a volume, speed, and cadence sufficient for ordinary customers to easily hear and understand it.

    5. In any communication using an interactive electronic medium, such as the Internet or software, the disclosure must be unavoidable. For example, a disclosure on a mobile platform must be visible and unavoidable to the consumer “above the fold”.

    6. The disclosure must be understandable to ordinary consumers – i.e., plain speak!

Questions and Comments

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