Last Modified: August 27th, 2020
Purpose and Scope
Language Learning Market Co. (“Language Learning Market”) is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. One of the most common ways to advertise and market products and services in social media is to use third party endorsements. Like other types of advertising, endorsements must be truthful and not misleading. Consumers must understand when a social media endorsement is sponsored by us.
This Endorsement Policy (the “Policy”) applies to all agencies, independent contractors, speakers, writers, bloggers, talent, influencers, and any other individual or entity engaged in promotional communications on behalf of Language Learning Market on social media, websites, or other non-traditional media. This Policy also applies to agencies who manage these individuals and entities who promote the company and its products and services on their personal social media accounts and other mediums. For countries outside the US, Language Learning Market considers many of the requirements in this policy to be best practices for engaging in social media.
Defining an Endorser Covered by This Policy
An individual or entity communicating on social media, websites, or other non-traditional media is covered by this Policy if its promotional messages about Language Learning Market or our products and services are sponsored by us (“Sponsored Endorser”). If the individual or entity is acting independently, it is not subject to this Policy.
A message is sponsored by us if we have a material connection with the individual or entity. A material connection is a tie to us 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, Language Learning Market creates a material connection if we do any of the following either directly or through an advertising agency, public relations firm, or other third party:
Language Learning Market can turn our everyday consumers into Sponsored Endorsers by:
This list, though comprehensive, is not exhaustive. Check with us for any questions about whether certain behavior or actions has created or will create a material connection with a third party.
Recommendations and requirements for clear disclosure language are listed in Appendix A to this Policy.
Sponsored Endorsers Must Comply with Our Standards of Conduct
With respect to promotional statements or other claims made on social media platforms, websites, and on other non-traditional media about Language Learning Market and our products and services, Sponsored Endorsers must adhere to the following principles:
Sponsored Endorsers must also refrain from creating fake followers or engagement on social media platforms, such as:
Disclosing a Material Connection Clearly and Conspicuously
When posting about our products and services, Language Learning Market requires Sponsored Endorsers to disclose their material connection to us clearly and conspicuously.
This policy does not require specific language to disclose a material connection, but Sponsored Endorsers must communicate the material connection effectively so that consumers:
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:
If we ask consumers to promote our products and services 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 and services 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 should disqualify the entry.
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 we run a social media endorsement campaign outside the US and the product or service 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. Though 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 Language Learning Market engages a Sponsored Endorser, either directly or through a service provider, the Sponsored Endorser must sign either:
Language Learning Market may also provide Sponsored Endorsers with:
We should advise Sponsored Endorsers that we plan to monitor their posts to ensure the accuracy of any measurable claims they make about our products/services and that they have adequately disclosed their material connection to us.
Monitoring Sponsored Endorsers
Brands responsible for Sponsored Endorser relationships or campaigns must regularly monitor the postings of Sponsored Endorsers, either directly or through their agencies. They must also ensure that:
When a Sponsored Endorser Fails to Comply with This Policy
Language Learning Market or the applicable brands must correct any failure to disclose a material connection or communication of any unsubstantiated claims by a Sponsored Endorser. The employee team responsible for the Sponsored Endorser must take the following steps:
All written agreements with Sponsored Endorsers must give Language Learning Market the right to take any of these corrective measures for noncompliance with this Policy.
Knowledge on This Policy
All Sponsored Endorsers must have knowledge of this Policy. The following are required to receive in-depth knowledge on this Policy:
Administration of This Policy
If you have any questions regarding this Policy, please contact Language Learning Market.APPENDIX A
BEST PRACTICES FOR DISCLOSURE LANGUAGE
As stated in the Policy, Sponsored Endorsers are required to disclose material connections to Language Learning Market. Listed below is sample disclosure language. Alternative but substantively comparable language may also be used where appropriate. Although Language Learning Market does not require specific disclosure language, it does prohibit 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.
Statements about the applicable material connection should identify the nature of the connection, such as:
If using a hashtag to identify a material connection, make it unambiguous, such as:
Avoid ambiguous hashtags to identify material connections, such as:
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: