affiliate-disclosure-compliance
Reviews a single piece of affiliate or influencer content (caption, video script, transcript, screenshot, or live URL) against disclosure regulations and returns a pass/fail compliance review with placement, wording, and per-format fixes. It covers FTC 16 CFR 255 and 465, UK CAP/CMA rules, EU UCPD and DSA, plus German, French, and Italian overlays, for both pre-publication gates and live-content remediation. Every counsel-grade ambiguity is flagged inline with a rewritten fix, so program managers can clear partner assets faster without losing the nuance counsel needs.
npx skills add https://github.com/mbfinotti/partnerships-skills --skill affiliate-disclosure-complianceBefore / After Comparison
2 组Teams manually cross-check FTC, CAP, and UCPD wording line by line and judge by gut whether the disclosure is clear and conspicuous; buried disclosures get missed and only surface after the post is live.
This skill runs a six-layer check and returns pass/fail per requirement with cited rules plus one drop-in rewrite per failure, keeping every counsel-grade ambiguity flagged inline next to its evidence.
Affiliate Disclosure Compliance
Check one piece of affiliate or influencer content against disclosure regulations and return a compliance review: pass/fail per requirement, with placement, wording, and per-format fixes. Built for program managers reviewing partner and creator content before publication, and remediating what is already live. The legal basis is the FTC's clear-and-conspicuous standard (16 CFR 255.0(f)), CAP Code rule 2.1, the UCPD, and national overlays; the checklist itself is this skill's own working tool, not an official named framework.
A Compliance Review, Not Legal Advice
- State before reviewing anything: "This is a compliance review against published regulator rules, not legal advice. Counsel owns the legal call; this review finds what counsel and regulators would find."
- Mark every counsel-grade ambiguity inline with
[COUNSEL: <question>], attached to the affected finding, never pooled at the end of the report. - Always escalate: whether the poster is a "trader" under EU law, regulated verticals (health, finance, alcohol, gambling), children's audiences, active regulator contact, and any market not covered by the references.
- Repeat the disclaimer with the delivered report; instruct the user to keep every marker until counsel resolves it.
Ambiguity flagged inline stays attached to the evidence that raised it; a footer disclaimer gets skimmed past and the nuance is lost.
Interview
Ask one question per message; offer multiple-choice answers; skip anything already answered or evident from the artefact.
- Which jurisdictions is the audience in? US / UK / EU, and which member states (Germany, France, Italy, other)?
- Content format? Short-form video / livestream / story or ephemeral / static image post / long-form video / podcast or audio / blog or review article / newsletter or email / affiliate roundup or comparison page.
- Which platform(s) will it run on?
- Relationship type? Paid post / affiliate-commission-only / gifted product / unpaid ambassador / employee or insider / agency-intermediated.
- B2B or B2C audience, or both?
- Pre-publication, or already live? Live shifts the output toward remediation.
- What artefact do you actually have? Caption text / script / transcript / URL / screenshot / the rendered post.
- By when must the result land? A scheduled publish date / a live violation already earning impressions / no fixed date.
- One-off or compounding? Clear this asset only, or also stand up monitoring and a wording bank that keep clearing assets.
- Effort ceiling? Hours available per review cycle, whether anyone can gate publication, and whether the program terms already back withholding commission or terminating a partner.
Re-rank the menus in Ranked Choices against the last three answers, and name the move out loud:
- A live violation still earning impressions promotes the fastest remediation rung.
- A compounding mandate promotes the wording bank and the pre-publication gate.
- A ceiling of a few hours per cycle deletes the full-roster review and every rung the program terms do not already back.
Review Workflow
- Deliver the not-legal-advice statement, then run the Interview.
- Confirm scope: this skill reviews content. Drafting program terms, briefs, or contract clauses belongs to sibling skills (see Reference).
- Inspect the artefact. If you can view images or fetch the URL, review the rendered asset exactly as a viewer meets it. Otherwise review the provided text and mark visual/audio checks "not assessable from the artefact provided": never guess what the frame shows.
- Load the jurisdiction references for every market the interview surfaced: references/us-ftc-standard.md, references/uk-and-eu-rules.md.
- If you can browse the web, re-verify penalty figures and regulator guidance before citing them: caps are inflation-adjusted and guidance gets revised. Otherwise label each figure "as of drafting, re-verify".
- Run the six-layer check below for every applicable jurisdiction.
- Write the per-asset report: verdict, findings with cited rules, one concrete rewritten fix per failure. Shape below; worked examples in references/review-report-example.md.
- For already-live content, add a remediation plan built from the Remediation Ladder below: the rung chosen per asset, the order across assets, and a note that 16 CFR 255.1(d) states advertisers should remediate non-compliance they know of. Write it as the FTC's stated expectation, never as a standalone statutory duty, since Part 255 is interpretive guidance and not a safe harbour: the enforceable exposure runs through FTC Act Section 5. Attach
[COUNSEL]if the user intends to assert the obligation to a partner. - Flag genuinely unsettled points with
[COUNSEL]instead of asserting an answer. - Recommend one monitoring approach and one guidance route from Ranked Choices when the interview shows the program has neither: name the rung above the recommendation and the condition that promotes it.
- Iterate until the completeness threshold in Measurement passes.
- If your harness has persistent memory, memorize the program's jurisdiction set, approved wording bank, and each partner's recurring failures: later reviews start faster and repeat offenders surface. Otherwise ask the user to keep the report for the next review.
The Six-Layer Check
Judge each layer per jurisdiction; a single fail on any layer fails the asset.
These six layers are gates, not a menu: they carry no efficiency ranking and never will. A legal disclosure obligation is not a trade-off; never run the two highest-ratio layers, skip the rest, and call the asset reviewed.
No layer has a discounted version that partially passes, and no cheaper check anywhere in this skill substitutes for one. Rank the delivery choices around the review (see Ranked Choices); never the obligations themselves.
- Presence: does any disclosure exist? Any material connection triggers the duty: payment, commission, free product, free trial, employment, family relationship. A gift is not an exemption.
- Wording: is the label unambiguous? Check against references/disclosure-wording.md. "#ad", "advertising", "paid partnership with [brand]" pass; "#sp", "#collab", "ambassador", "thanks to [brand]" fail.
- Placement and prominence: apply the 16 CFR 255.0(f) factors, judged separately for visual, audible, and interactive media, and always uncontradicted by anything else in the content. See references/us-ftc-standard.md for the factor breakdown per media type.
- Per-format requirements: check the format's row in references/format-placement-rules.md: in-video and spoken for video, periodic repeats for livestreams, overlays for stories, link-adjacent disclosure for roundups.
- Truncation and portability: does the disclosure survive the caption "more" cut, embeds, screenshots, and cross-posts? A platform-native paid-partnership label alone is never sufficient: FTC and CMA both say so, and the label itself may not travel off-platform.
- Jurisdiction overlays: Germany's rebuttable payment presumption, France's mandatory "publicité"/"collaboration commerciale" mention, Italy's Digital Chart format rules, the CMA's accepted-label list. See references/uk-and-eu-rules.md.
Ranked Choices: Monitoring, Guidance, Remediation
Three genuine menus sit around the obligations above:
- How assets reach this review.
- How the rules reach partners.
- How a live violation gets cured.
Each is ranked by value per unit of effort: effort meaning monitoring hours, tooling setup, coordination, relationship capital, and reversibility. Read every axis line as descending on that axis: highest value, highest effort, highest compliance cost first. The efficiency line is the recommended order of attack.
Every ranking below is a default, not a law. It shifts with context and with who executes it, so re-rank before recommending a rung:
- Re-rank when the affiliate network enforces disclosure centrally: its own scan and terms already cover rungs the program would otherwise build.
- Re-rank when the roster is too large to monitor asset-by-asset: sampling and automation move up, per-asset review moves down.
- Re-rank when the vertical is regulated (health, finance, alcohol, gambling) or a regulator has made contact: the highest-value rung wins regardless of effort.
- Re-rank against the Interview's timing, compounding, and effort-ceiling answers, and say which answer moved which rung.
Monitoring coverage: which assets reach this review
Monitoring is not optional; which approach delivers it is. 16 CFR 255.1(d) and the CMA's brand-side duty both require it, and no rung below discharges that duty on its own.
- efficiency: risk-weighted spot-check > pre-publication gate on ephemeral and video > automated label scan > partner self-attestation > full-roster review
- value (violations caught before an audience or a regulator sees them): pre-publication gate > full-roster review > risk-weighted spot-check == automated label scan > partner self-attestation
- effort: full-roster review > pre-publication gate > automated label scan > risk-weighted spot-check > partner self-attestation
- compliance cost: automated label scan > pre-publication gate > partner self-attestation > risk-weighted spot-check == full-roster review
Effort in magnitudes:
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Self-attestation and spot-checks: near-zero per asset once running.
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Automated label scan: about a week to set up and tune.
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Pre-publication gate and full-roster review: standing jobs.
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Default to the risk-weighted spot-check: newest partners, highest earners, regulated claims, formats that failed before, with self-attestation underneath it as the paper trail.
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Promote the pre-publication gate for ephemeral and video content: the FTC's own fallback, because a story vanishes before any after-the-fact review reaches it.
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Justify the value tie: a scan reads many assets shallowly (label text only), a spot-check reads few assets fully (placement, prominence, truncation), different routes to a comparable share of real violations.
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Read the compliance-cost line as the review triggered and the reversibility spent: a scan needs a platform-terms review before it crawls, and a gate or attestation clause needs a program-terms amendment and partner notice. Reading published content, whether spot-check or full roster, needs neither - which is what ties those two.
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Never let self-attestation stand as the monitoring itself. A partner who misunderstood the rule attests in good faith and still fails; the FTC asks for a search of what partners are saying, not a collection of their promises.
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What this order starves: the full-roster review, high on value and high on effort, loses every round. Promote it when a regulator has made contact, when the vertical is regulated, or when the same partner fails twice.
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Delete the automated label scan when the campaign's disclosures are spoken or on-screen: a text scan cannot see them, rather than leaving it ranked at the bottom.
Getting the rules to partners
- efficiency: approved wording bank > corrected line in the review reply > per-format one-pager in the partner portal > live training or office hours
- value (share of the roster that discloses correctly without being told): approved wording bank > per-format one-pager > live training > corrected line in the review reply
- effort: live training > per-format one-pager > approved wording bank > corrected line in the review reply
Effort in magnitudes:
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Corrected line in the review reply: near-zero.
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Approved wording bank: about an hour to adapt.
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Per-format one-pager: about a week of writing and portal work.
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Live training: a standing job.
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Default to the wording bank: adapt references/disclosure-wording.md into the program's own approved lines, one per format the campaign runs.
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Ship the corrected line with every failing finding regardless: the report shape already requires it, and it feeds the bank.
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What this order starves: live training, the only rung that catches a partner's misunderstanding before it reaches an asset. Promote it when the roster is small and concentrated, or when the same failure recurs across partners after the bank shipped.
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Delete the live-training rung for a self-serve roster that never meets the program team: a session nobody attends is not distribution.
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Hand the drafting of terms clauses and brief language to the sibling skills in Reference; this skill only picks the delivery route for rules it already checked.
Remediation ladder for a live violation
Curing the violation is mandatory; which rung cures it is the choice. Ranked for one non-compliant live asset.
- efficiency: edit the disclosure into the live asset > re-publish a corrected version and remove the original > take the asset down > pause commission on that asset's links until fixed > terminate the partner
- value (undisclosed exposure removed, recurrence prevented): re-publish corrected == take down > edit in place > pause commission > terminate
- effort: terminate > pause commission > take down > re-publish corrected > edit in place
- compliance cost: terminate > pause commission > take down > re-publish corrected > edit in place
Effort in magnitudes:
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Edit in place: a message and a minute.
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Re-publish a corrected version: about an hour, plus the asset's earned reach.
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Takedown or payment hold: spends relationship capital and is hard to walk back.
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Terminate and replace the partner: about a quarter.
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Default to editing in place, and escalate one rung whenever the format's own rule puts the disclosure inside the content.
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Justify the value tie: both fully remove the non-compliant version from the audience; re-publishing also keeps the campaign's reach, which is why it wins on efficiency at equal value.
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Read the compliance-cost line as the review triggered and the reversibility spent: withholding commission or terminating needs a program-terms clause behind it and counsel's read, a takedown needs the partner's cooperation, and an edit reverses freely.
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Never offer a lower rung as a cure the format does not allow: a caption edit cannot fix a video whose spoken and on-screen disclosure is missing; only a re-publish reaches it.
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Never let termination stand in for remediation. Removing the partner leaves the undisclosed asset live; pair it with a takedown or the exposure outlives the relationship.
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What this order starves: re-recording long-form video, high on value and high on effort, always loses to a caption edit. Promote it whenever the failing layer is per-format placement rather than wording.
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Delete the payment-hold rung w
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