SwayBrand Community Policy as of: December 1st, 2016
Scope and application
You are solely responsible for complying with all applicable laws, rules and regulations regarding Endorsements initiated or conducted through or using the SwayBrand Platform, including applicable laws and regulations regarding deceptive practices in advertisements, endorsements and testimonials. As part of such compliance, you are required to know, understand and comply with the Federal Trade Commission’s Guides Concerning Use Of Endorsements And Testimonials In Advertising (“FTC Guides”). While compliance with the FTC Guides is itself not mandated by law, practices that are inconsistent with the FTC Guides may result in action by the FTC if the FTC determines that the practices are unlawful (e.g., deceptive), and therefore the FTC Guides offer important guidance in achieving legal compliance.
These Community Guidelines are intended to only assist you in achieving such compliance but are not to be relied upon exclusively and are not intended to substitute for your review and understanding of the FTC Guides themselves or for your seeking competent legal advice regarding compliance with the FTC Guides and all applicable laws, rules and regulations.
These Community Guidelines apply to Influencers whenever you receive any compensation, discount, or gift of any value as part of an Endorsement, whether in the form of a cash payment, free product, gift cards, discounts, special event invitations, or similar items of value (“Endorsement Compensation”).
Your social media audiences must have a clear understanding of where an Endorsement has originated from and your connection to it. You may choose how you decide to disclose your connection with an Endorsement, but the disclosure must be clear and obvious to your audience. Whenever you engage in an Endorsement, you must share only your honest experiences and not include any misleading or offensive content or statements.
These Community Guidelines recommend the following:
Social Media Endorsements
For any Endorsement, include: “Sponsored Video” or “Sponsored Message from [sponsor’s name]” within the “About” field in a clear and conspicuous location AND a similar disclosure within the video itself, either verbally or as a graphic overlay. Please also pay particular attention to any other specific instructions appearing in the applicable Endorsement Agreement.
You have sole responsibility for any Endorsement that you create, notwithstanding its approval by any Brand, and you certify that you are the owner of all copyrights and licenses necessary to display or perform any Endorsement you create or use in connection with the Endorsement Agreement.
Failure to closely follow these Community Guidelines and any instructions in the Endorsement Agreement may cause you to become ineligible for compensation under an Endorsement.
In order to receive compensation for an Endorsement, you may be required to provide your full name, address, and Taxpayer Identification Number (for example, through IRS Form W-9).
Brands may use an endorsement of an expert or celebrity Influencer only so long as it has good reason to believe that such Influencer continues to subscribe to the views presented.
The Brand must have and rely upon adequate substantiation for claims made in Endorsements regarding performance of the product or service or experience in using the product or service, including, if appropriate, competent and reliable scientific evidence, to support the claims in the same way the Brand would be required to do if it had made the representation itself.
If the Brand does not have substantiation that the Influencer’s experience is representative of what consumers will generally achieve, the Endorsement should clearly and conspicuously disclose the generally expected performance in the depicted circumstances, and the Brand must possess and rely on adequate substantiation for that representation.
For further information concerning the use of endorsements and testimonials in advertising, please review and ensure that your Endorsement is conducted in accordance with the FTC’s Guides Concerning Use Of Endorsements And Testimonials In Advertising.
If you have any questions, complaints, or claims with respect to the above Community Guidelines, please contact us at:
1420 S. Michigan
Chicago, IL 60605