With Amazon Prime Day wrapping up today and a surge in content from legacy chatbot builders touting the benefits of chatbots and comment-to-message automation for influencer marketing, it’s more important than ever to address some often overlooked facts.
Blog by: Kelly Noble Mirabella
I was swiping through Instagram yesterday when I landed on a Reel from a well-known legacy chatbot platform.
The Reel was all about how chatbots and comment-to-message marketing are the perfect solutions for influencers selling on Instagram.
While this can absolutely be true, they fail to inform people of the dangers of doing it wrong. This particular legacy chatbot-building platform (I am sure you can guess who it is based on my history) continues to neglect educating users on the correct ways to use these tools. This is why many people get their accounts suspended when using that builder.
As someone who has spent most of my career working to educate people on digital marketing, especially chat marketing, this is dishonest, if not downright ignorant.
Since this lack of disclosure and education is one of my pet peeves, I’m taking this opportunity to educate my fellow builders so you do not have to suffer the consequences of doing it wrong.
Influencers who want to share affiliate links via direct messages (DMs) should be aware of the legal, platform, and company policies they must follow to avoid potential trouble. Let’s dive into three critical areas you need to know about.
Why Understanding These Rules is Crucial
The rise of influencer marketing has brought about a unique set of challenges and regulations.
Knowing these rules isn’t just about playing it safe; it’s about protecting your brand, your reputation, and your revenue streams.
Ignorance or misunderstanding of these regulations can lead to severe consequences, including legal action, loss of commission, or even suspension of your social media accounts and/or your participation in some affiliate programs.
What You Need to Know: Legalities and Disclosure Requirements
The Federal Trade Commission (FTC) has stringent rules about affiliate marketing disclosures.
Regardless of where the affiliate link is shared — whether in a private message, a public post, or a bio link — you must clearly disclose that it is an affiliate link. Transparency is not just ethical; it’s the law.
Example of a Disclosure Statement on Social Media:
When you have more room (e.g., Instagram post or Facebook update):
“Just a heads up! This post contains affiliate links, which means I may receive a commission if you make a purchase through these links at no extra cost to you. #Ad #AffiliateLink”
When space is limited:
“Affiliate link: [link]. I earn from qualifying purchases. #Ad”
Link in Bio:
“Link in bio contains affiliate links. I earn from qualifying purchases.”
How Each E-commerce Platform’s Terms of Service Affect You
Different e-commerce platforms have specific terms of service that influencers must adhere to.
For instance, Amazon’s policies explicitly prohibit sharing affiliate links in private messages, text messages, private social media groups, or emails.
Violating these terms can result in the loss of commissions or even expulsion from the affiliate program.
Amazon’s Key Restrictions:
- No sharing of affiliate links in private messages or text messages.
- No sharing in private social media groups.
- No sharing via email.
However, this doesn’t mean you can’t share affiliate links in Private Direct Messages at all. You need to do it a certain way. For example, you can use comment automation or chatbots, but instead of including the affiliate link directly in the chatbot, direct the user to a landing page such as a blog or a Linktree.
Additionally, suppose you’re an Amazon Influencer (a different program from the Amazon Affiliate program). In that case, you can share direct links to your storefront, including content like shoppable videos, idea lists, and photos. Your Amazon Influencer storefront acts as a landing page.
Just ensure that any landing page includes the FTC’s required disclosures. You don’t need to include these disclosures on your influencer storefront itself, as Amazon provides that information.
For more details, refer to:
What If You Ignore These Rules? The Consequences of Social Media Platforms
Social media platforms like Facebook Messenger, WhatsApp, and Instagram have their own regulations regarding links.
One significant restriction is prohibiting affiliate links that direct to digital goods and services or any other prohibited content or products. Ignoring these rules can result in severe penalties, including the suspension of your account.
Key Social Media Platform Restrictions:
- No affiliate links to digital goods and services.
- Non-compliance can lead to account suspension.
In addition to affiliate link restrictions, here are some other key prohibited items and activities on Messenger:
- Selling or promoting illegal products or services.
- Offering digital goods (e.g., e-books, software) directly.
- Promoting gambling or betting services.
- Sharing adult content or services.
- Selling tobacco, alcohol, or other regulated substances.
- Engaging in deceptive or misleading practices.
These platforms are vigilant in enforcing their rules to maintain user trust and ensure a safe environment. As an influencer, it’s imperative to stay informed about these regulations to safeguard your online presence.
For more information, check out:
I have personally had my Facebook Messenger Chatbot suspended for 30 days because I shared an affiliate link to a digital product (a lot of strings were pulled for me to get it back).
And I know others who have received suspensions for selling digital products such as ebooks inside of their chatbots. So take it from first hand account, you do not want to break these rules.
Stay Informed, Stay Safe
Influencer marketing can be a highly effective strategy, but it comes with a web of regulations that must be navigated carefully.
By understanding the legal requirements, respecting e-commerce platform policies, and adhering to social media platform rules, you can protect your brand and continue to thrive in the competitive world of influencer marketing.
Stay informed, stay compliant, and ensure that your efforts benefit both you and your audience without any legal or policy-related setbacks.
Remember, transparency and adherence to rules not only protect you legally but also build trust with your audience, fostering a loyal and engaged following.
Now that you know the rules, if you want to learn how to properly set up a Comment to Message automation, check out one of the free resources below.
Boost Engagement with AI: Instagram Comment-to-DM Tutorial
Keep in mind that while legacy platforms are sharing content without properly educating their followers, Chatbot Builder AI releases several videos and resources each week, holds loads of free challenges and training, and has a thriving and helpful community (not to mention a support team that can’t be beaten). So perhaps try them by going to ChatbotBuilder.ai (Not an affiliate link).
.png)
