Astory Social Media Endorsement Policy

ASTORY SOCIAL MEDIA ENDORSEMENT POLICY
Purpose and Scope
Astory LLC (“Astory”) and its client (”Client”) are committed to transparency and honesty in all of advertising messages and promotional communications with consumers. Like other types of advertising, endorsements must be truthful and not misleading. Advertising messages must include full disclosures of material facts relating to your relationship with the Client in accordance with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (“FTC Guides”). Consumers must understand when a social media endorsement is sponsored.This Policy applies to all independent contractors, speakers, writers, bloggers, talent, influencers, and any other individual or entity engaged in promotional communications on behalf of the Client on social media including but not limited to blogging, tweeting or otherwise publishing content about Client or Client’s products or services. For countries outside the US, Astory and its Client consider many of the requirements in this Policy to be best practices for engaging in social media.
Defining an Endorser Covered by This PolicyAn individual or entity communicating on social media is covered by this Policy if its promotional messages about the Client or the Client’s products/services/brands are sponsored by the Client (“Sponsored Endorser“). If the individual or entity is acting independently, it is not subject to this Policy.A message is sponsored by the Client if the Client has a material connection with the individual or entity and a significant minority of the audience for the endorsement does not understand or expect the connection. A material connection is a tie to the Client which if known to consumers might make consumers question the credibility of the endorser or materially affect the weight consumers place on the endorsement. It puts the endorser's independence in question. For example, the Client or any Client’s brands create a material connection with you if the Client does any of the following either directly or through us:
  • Enter into an agreement with you and/or pay you to blog or post.
  • Provide free accommodations or travel to you for a company event or experience.
  • Provide discounts, sweepstakes entries, free prizes for giveaways or sweepstakes or other incentives to you on social media platforms.
  • Provide you with free samples to review on social media platforms or after you have blogged or posted independently, especially if providing the free samples create the expectation of additional free samples (which makes you a Sponsored Endorser going forward, not retroactively).
  • Provide publicity opportunities (like a television or podcast appearance) or early access to products or services.
  • Engage affiliate marketers to advertise, blog, endorse, or sell on the Client’s behalf (making the affiliates and their employees Sponsored Endorsers).
Note that providing any incentives or benefits to a “pet influencer” through their pet owner also qualifies as a Sponsored Endorser. This list, though comprehensive, is not exhaustive. Check with Astory for any questions about whether the Client’s behavior or actions has created or will create a material connection with you. In addition, if the Client requests to use a virtual influencer to promote the Client’s products/services/brands, the endorsements by the virtual influencer are covered by this Policy. When using a virtual endorser to promote the Client’s products/services/brands, we must ensure the public understands that:
  • The communications from the virtual influencer are advertisements.
  • The influencer is virtual and not real.
  • The virtual influencer does not have the ability to try or test out a real product.
Note that while Astory and/or the Client may provide recommendations and options for disclosures, neither Astory nor the Client will be responsible for any failure by you to comply with the FTC Guides or any failure by you to obtain all third-party clearances and permissions with respect to content you post.
Sponsored Endorsers Must Comply with Our Standards of Conduct
With respect to promotional statements or other claims made on social media platforms about Astory and the Client and the Client’s products/services/brands, Sponsored Endorsers must adhere to the following principles:
  • They may only make statements that:
    • reflect their honest beliefs, opinions, or experiences; and
    • are transparent about their connection to the Client.
  • They may not:
    • make deceptive or misleading claims to consumers about the Client’s products or services, or the Client’s competitors' products or services;
    • make any claims about the Client’s products or services, or the Client’s competitors' products or services, that are not backed up by evidence;
    • disclose any of our or Client’s confidential information;
    • engage in any communication that is defamatory or infringes upon the intellectual property, privacy, or publicity rights of others;
    • offer for sale or solicit products on behalf of the Client;
    • make offensive comments that have the purpose or effect of creating an intimidating or hostile environment;
    • use ethnic slurs, personal insults, obscenity, or other offensive language;
    • use personal information about any third party that has not been voluntarily made available by them for Sponsored Endorsers to share in their posts. This includes any information that may make it possible for someone to reasonably identify another person; and
    • make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving the Client's consumers or other individuals.
  • They must adhere to:
    • the posted guidelines and terms of use on any site or platform on which they post content on behalf of the Client; and
    • any additional guidelines provided by us or the Client, such as product/service/brand-specific program requirements.
Sponsored Endorsers must also refrain from creating fake followers or engagement on social media platforms, such as:
  • Buying followers.
  • Using bots to grow audience size by automating account creation, following, commenting, and liking.
Sponsored Endorsers shall protect their privacy by keeping in mind that all posts are public. They are encouraged to not share personal or sensitive information about them or their family that Sponsored Endorsers may not want to make available to the public.
Disclosing a Material Connection Clearly and Conspicuously
When posting about the Client’s products/services, Astory and the Client requires Sponsored Endorsers to disclose their material connection to the Client clearly and conspicuously. If a Sponsored Endorser has multiple material connections to the Client, the full extent should be disclosed.This Policy does not require specific language to disclose a material connection, but Sponsored Endorsers must communicate the material connection effectively so that consumers:
  • Can easily find it.
  • Can easily understand it.
  • Obtain sufficient information from it to make a judgment about the credibility of the endorsement.
Consult Appendix A to this Policy for examples of language that successfully communicate a material connection and language that does not do so. To ensure a disclosure is clear and conspicuous, appropriate consideration should be given to the limitations and nature of the platform being used. Sponsored Endorsers must:
  • Ensure the disclosure is:
    • well-placed so it can be easily noticed; and
    • prominent so it can be easily read.
  • Avoid burying the disclosure:
    • in a bio;
    • below the fold;
    • behind a “more” button or another link, like a “Legal” or “Disclosure” button; or
    • among a series of hashtags, other disclosures, or general copy.
  • Make online disclosures unavoidable.
  • Make disclosures in the same format as the triggering claim (so if the claim is made both visually and verbally, the disclosure must be made in both formats too).
  • Identify the company or the brand as the sponsor when it is unclear but material to consumers in a post that the Client is the sponsor.
  • Superimpose a material connection disclosure on images, including on Snapchat and Instagram Stories. The disclosure should be:
    • easy to notice and read in the time that followers have to look at the image; and
    • well-contrasted against the image.
  • In video posts, including podcasts:
    • place the disclosure both within the video itself, and in the description of the video; and
    • display the disclosure long enough for a consumer to be able to read and understand it.
  • In Instagram posts, disclose a material connection before the “More” button and superimpose it on the image if a significant minority of viewers are likely to not see the disclosure in the description.
  • For a live stream, repeat the disclosure as needed to ensure that consumers see it or keep it posted throughout the live stream.
  • If the posts are part of an online chat or tweets, or a similar thread, make the disclosure clearly in the first entry into the conversation thread, and then add to subsequent entries at 3-10 entry intervals depending on the media and the length of the thread.
  • Disclose the material connection even when just tagging a brand/product in a photo.
  • For a television, podcast or radio talk show appearance, disclose the material connection verbally when promoting the Client’s products/services/brands.
When the target audience may be more vulnerable (for example, children or the elderly), we must assess whether the disclosure is clear and conspicuous from the perspective of the target audience. In addition, we should take special care when using endorsements in advertising directed towards children because practices that are acceptable for adult audiences may not be acceptable for child audiences. We should avoid encouraging endorsements that use features that do not allow for clear and conspicuous disclosures, such as likes, Pins, or shares, if the absence of that disclosure is likely to be misleading. If a platform does not allow for a clear and conspicuous disclosure, you should not use that platform. If the Client asks consumers to promote the Client’s products/services/brands on social media in exchange for the chance to win a prize, the official rules must require entrants to disclose the fact that the entrant's post is an entry into a contest or sweepstakes. Whether the products/services/brands are promoted in a text, a hashtag, a photo, or a video, the entry post must include some clear and conspicuous indicator that the consumer has received an entry in a promotion in exchange for the post. For example, the official rules could require entrants to use a specific hashtag disclosing that the post is a sweepstakes or contest entry. Failure to make the disclosure must disqualify the entry. If there is a social media endorsement campaign outside the US and the Client’s product/service/brand is sold in the US, we must require a disclosure if the posts are likely to be seen by and to affect US consumers. A social media platform may have a required tool or feature for paid endorsements. Although these tools or features must be used to comply with the platform's rules, they should not be relied on alone to meet FTC disclosure requirements.
What We Must Provide to Sponsored Endorsers
When the Client engages a Sponsored Endorser through us, the Sponsored Endorser must sign:
  • An agreement outlining the business terms of the arrangement and the guidelines set forth in this Policy.
Astory will also provide Sponsored Endorsers with:
  • A brief including message points, facts sheets, or other similar talking points about the Client’s products/services at issue, that do not necessarily prescribe what the endorser should say, but may include:
    • a list of claims about the Client’s product/service that the company has substantiated; and
    • guidance on what the Sponsored Endorser cannot say about the Client's product/service.
  • Below links of FTC guidance on endorsements (which can be found on the FTC's website), specifically:
  • General guidance on the FTC Endorsement Guides and encouragement to educate themselves on all FTC endorsement guidance. For example:
    • Sponsored Endorsers should not assume their followers know about their connection to the Client;
    • Post/content are original creations and opinions should be based on Sponsored Endorsers’s own honest beliefs and experiences;
    • Sponsored Endorsers should refrain from making statements about the Client’s products/services that are measurable, other than those on the fact sheets we or the Client has provided; and
    • any comparisons must be based on actual, personal experiences with all products being compared because they should not extrapolate beyond personal experiences. For example, a Sponsored Endorser could say “I liked the Company product the best of the products I tried,” but should not say “No other product tastes better than the Company product” because the endorser probably has not tried all the products in Client’s category.
  • Guidance on the material connection disclosure language and placement the Client expects.
We hereby advise Sponsored Endorsers that we plan to monitor their posts to ensure the accuracy of any measurable claims they make about the Client’s products/services and that they have adequately disclosed their material connection to the Client.
When a Sponsored Endorser Fails to Comply with This Policy
Astory shall monitor the Sponsored Endorsers and shall have the right to correct any failure to disclose a material connection or communication of any unsubstantiated claims by a Sponsored Endorser. All written agreements with Sponsored Endorsers give Astory and the Client the right to take corrective measures or terminate the agreement with Sponsored Endorsers for noncompliance with this Policy.
Training on This Policy
All Sponsored Endorsers must have knowledge of this Policy. Contact Astory at hello@astorycoms.com to arrange for training on this Policy.
Administration of This Policy
All Sponsored Endorsers are responsible for consulting and complying with the most current version of this Policy. If you have any questions regarding this Policy, please send an email to hello@astorycoms.com.
APPENDIX A
BEST PRACTICES FOR DISCLOSURE LANGUAGEAs stated in the Policy, Sponsored Endorsers are required to disclose material connections to the Client. For certain campaigns, the Client may require Sponsored Endorsers to use specific disclosure language. All specific disclosure language and placement requirements for a Collaboration are set out in the Brief, and/or Client’s instructions and Client’s social media endorsement policy, if any. For other campaigns, listed below is sample disclosure language. Alternative but substantively comparable language may also be used where appropriate. Astory and the Client prohibits certain hashtags and other disclosure practices specifically found by the FTC as insufficient. The goal for a material connection disclosure is to ensure it is readily seen and understood by consumers and accurately describes our relationship with the Sponsored Endorser. The bracketed language below for instance stating [BRAND NAME/COMPANY NAME] is where you would need to insert the specifics – in the aforementioned example the name of the contracting brand (Client). Please contact us at hello@astory.com, if you have any questions with regard to the sample disclosure language.Statements about the material connection should identify the nature of the connection, such as:
  • For receipt of free products:
    • I received free products/services/samples from [BRAND NAME/COMPANY NAME];
    • [BRAND NAME/COMPANY NAME] sent me free products/services/samples to review;
    • [BRAND NAME/COMPANY NAME] gave me this product to try; or
    • Thanks [BRAND NAME/COMPANY NAME] for the free products/services.
  • For paid Sponsored Endorsers:
    • Paid post by [BRAND NAME/COMPANY NAME];
    • I was paid by [BRAND NAME/COMPANY NAME];
    • I was hired by [BRAND NAME/COMPANY NAME] to post about its products/services;
    • I have partnered with [BRAND NAME/COMPANY NAME] to promote its products/services; or
    • I am a paid brand ambassador for [COMPANY NAME].
  • For receipt of travel and accommodations:
    • [COMPANY NAME] paid for my travel and hotel to visit its headquarters/sample its products/attend the launch of its new product/see a demonstration of its services etc.
  • For receipt of a prize to be given away in a sweepstakes or contest:
    • [BRAND NAME/COMPANY NAME] is providing the prize[s] for this program at no cost to me. This program is not administered or sponsored by [BRAND NAME/COMPANY NAME] or its affiliates, but solely by [YOUR NAME/WEBSITE].
  • For incentivized consumer reviews:
    • I received a sweepstakes entry/discount/coupon for making this review.
    • I am part of [COMPANY NAME/BRAND NAME]'s program that gives me free samples/coupons/discounts; or
    • Reviewers on this page received a sweepstakes entry/discount/coupon for making their reviews.
  • For personal relationships:
    • I am a friend of/related to [NAME OF COMPANY PRINCIPAL].
  • For other material connections (identify our company or brand if it is unclear but material to consumers that we are the sponsor):
    • “Advertisement”;
    • “Sponsored”;
    • “Paid ad”; or
    • “Ad:” (this would go at the beginning of the statement to indicate the statement is an ad).
  • For television, podcast or radio talk show appearances where the Client’s product/service/brand will be promoted, a Sponsored Endorser should verbally make the material connection to the Client known, such as stating:
    • [BRAND NAME/COMPANY NAME] gave me this _____ (product or sample) _____;
    • I was paid by [BRAND NAME/COMPANY NAME] to…; or
    • I am working with [BRAND NAME/COMPANY] to….
If using a hashtag to identify a material connection, use one with an unambiguous meaning, such as:
  • #ad.
  • #paid.
  • #sponsored.
  • #[BRAND NAME/COMPANY NAME]ambassador.
  • #[BRAND NAME/COMPANY NAME]endorser.
  • #[BRAND NAME/COMPANY NAME]partner.
Make sure the hashtag is not presented in a confusing way and it is readily understandable as identifying an ad. Note that the FTC has specifically stated that it prefers “Paid post by [brand]” over “#paidforby[brand]” because all the words running together in the latter could be hard for a viewer to understand. In addition, in any post where it is unclear but material to consumers that the Client is the sponsor, the Client should be more clearly identified, such as:
  • #ad_ for_[BRAND NAME/COMPANY NAME].
  • #paid_by_[BRAND NAME/COMPANY NAME].
  • #sponsored_by_[BRAND NAME/COMPANY NAME].
Avoid ambiguous hashtags to identify material connections, such as:
  • #sp.
  • #spon.
  • #thanks[name of brand].
  • #team[name of brand].
  • #ambassador.
  • #consultant.
  • #partner.
  • #adviser.
  • #collab.
  • #endorsement.
  • #gifted.
Additionally, if a Sponsored Endorser has posted a “Disclosure and Relationships Statement” section on their blog, website, profile page, or similar site, the statement should:
  • Fully disclose how the endorser is working with the Client.
  • Disclose how the endorser works with other companies generally.
  • List any conflicts of interest that may affect the credibility of the sponsored or paid reviews.
Close
Search

Hit enter to search or ESC to close

cookie By using this website, you agree to our cookie policy. Close