AFFILIATE MARKETING POLICY
FIVERR INTERNATIONAL LTD. (“FIVERR”)
This Affiliate Marketing Policy (the “Affiliates Policy”) sets forth Fiverr’s guidelines and expectations for Affiliates/Publishers (the “Affiliates”) when promoting our corporate brand, products and services as part of an organized affiliate program (the “Affiliate Program”).
1. Federal Trade Commission (“FTC”) Act (the “FTC Act”) - Key Regulations and Guidance Overview
● Section 5 of the FTC Act – Section 5 of the FTC Act protects consumers from deceptive advertising by prohibiting “unfair or deceptive acts or practices in or affecting commerce.” An unfair practice is conduct that causes or has the potential to cause misinformed purchasing decisions to consumers. Deceptive practices are practices that involve a material representation, omission or practice that are likely to mislead a consumer into making a purchasing decision that they would not have made absent the deceptive conduct.
● FTC Endorsement Guides – The FTC Endorsement Guides (the “Endorsement Guide”) embody the truth-in-advertising principle that endorsements must be honest and not misleading. The Endorsement Guide contains information about the disclosure of “material connections” between advertisers and endorsers and the application of the FTC’s consumer protection principles to social media and influencer marketing.
All Affiliates are responsible for making these disclosures and being familiar with the FTC Act, Endorsement Guides and complying with laws against deceptive advertising.
2. Material Connections and Compliance with FTC Disclosure Guidelines
In accordance with the FTC’s disclosure guidelines, All Affiliates must clearly, obviously and unambiguously disclose their “material connection” with Fiverr’s brand and maintain such disclosure near their affiliate link, wherever it is published. A “material connection” is one that would impact the weight or credibility that the Affiliate’s audience gives the endorsement. “Material connections” include personal, family, or employment relationships or a financial relationship - such as free products and/or payment from Fiverr in exchange for the Affiliate's product/service endorsement.
Fiverr expects all Affiliates to comply with the FTC Act and the FTC’s social media endorsement guidelines and disclosure obligations throughout the course of their engagement with Fiverr.
3. Guiding Principles for Effective Disclosures
In accordance with the Endorsement Guide, the Affiliates must ensure that their disclosure is clear and easy for their audience to read and understand. In addition, the Affiliates must prominently display the disclosure near their affiliate link to Fiverr.
Affiliates will display on their site only those graphic or textual images provided by Fiverr or text messages expressly approved in advance and in writing by Fiverr. Such graphic and/or textual images will be displayed prominently in relevant sections of their site.
The Affiliate is not allowed to post any refunds, credits or discounts, or other content concerning Fiverr, without Fiverr’s prior written permission in each instance. The Affiliate may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links provided by Fiverr.
The Affiliate must also be mindful of the medium and social media platform that they use for the product/service endorsement to ensure that the disclosure is effective and compliant with the FTC endorsement guidelines. For photographic endorsements, the Affiliate should superimpose the disclosure over the picture to allow the viewer sufficient time to notice and read the disclosure. For video endorsements, the Affiliate should make the disclosure verbally and also superimpose the disclosure language in the video itself. For live stream endorsements, the Affiliate should make the disclosure verbally and repeat the disclosure periodically throughout the live stream to ensure that viewers who see only part of the stream receive the disclosure.
Regardless of the social media platform used for the brand promotion, the Affiliate must use simple and clear language and/or hashtags that are hard for the Affiliate’s audience to miss. Below are a few examples of simple and clear disclosure language and hashtags that Fiverr recommends for promoting our brand, which are modeled after the FTC guidance:
● “Fiverr Promoter”
● “Fiverr Sponsorship”
● “Advertisement”
● “Sponsored”
The FTC cautions against the use of short-form or abbreviated terms like “spon” or “collab”, which could potentially mislead the viewer or reader. When using hashtag disclosures, the Affiliate must use language that clearly identifies the Affiliate’s relationship with the brand and should similarly avoid using vague or confusing short-form or abbreviated terms.
4. Fiverr Product/Service Affiliates Endorsement Protocol – Guidelines for Responsible Use
Fiverr and the Affiliate both have an obligation under the FTC to protect consumers from deceptive advertising by prohibiting unfair or deceptive acts or practices in or affecting commerce. In addition to the necessary disclosures, to the extent that the Affiliate publishes an endorsement of Fiverr, the Affiliate must ensure that their endorsement is truthful and based on their personal experience with the product/service they are endorsing. Fiverr expects the Affiliate to honestly and transparently include their commercial relationship with Fiverr in all social media posts, if any, which promote our brand, products and/or services.
Affiliate should keep the following protocol in mind as a guide on what they can and cannot say about the Fiverr brand, products, or services they are endorsing:
● The Affiliate’s endorsement must reflect Affiliate's honest opinion, finding, belief and experience with the Fiverr brand, product or service.
● The Affiliate’s endorsement must not make any claims that would be false, misleading or unsubstantiated information if Fiverr made them directly.
● The Affiliate cannot discuss experience with a product/service that they have not personally tried.
● The Affiliate is prohibited from using fake information (including, but not limited to a fake alias or fake post) when promoting a Fiverr brand, product or service.
The Affiliate must promptly correct any false, inaccurate, erroneous or otherwise misleading information in an endorsement post in a manner that visibly apprises the reader that the post has been altered to correct prior misstatements.
Furthermore, the Affiliate is prohibited from posting or forwarding written statements, audio, video, pictures or other materials that could be considered offensive, malicious, obscene, harassing or threatening to any readers or viewers, including, but not limited to, Fiverr’s employees, customers, clients, subscribers or followers.
The Affiliate should direct any questions regarding Fiverr’s endorsement protocol to Fiverr’s Affiliates Program Manager.
5. Emails and Publicity
The Affiliate shall not create, publish transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as “SPAM”). Any email communication sent will be coordinated in writing with Fiverr including dates and amounts of emails to be sent. Fiverr, in its sole discretion, reserves the right to reject each and every electronic mailing suggestion. The content of any e-mail message shall be subject to this Section. Additionally, Affiliate may only send e-mails containing a Fiverr affiliate link and or a message regarding Fiverr or the Affiliate Program to person(s) who have been previously contacted and who consented to the receipt of e-mails containing Fiverr information or information about the Fiverr Affiliate program. Failure by Affiliate to abide by this section, CAN-SPAM Act of 2003 or our Anti-Spam Policy, in any manner, will foreclose any and all rights the Affiliate may have to any commissions.
6. Prohibited Activity
All Affiliates are committed not to engage in any prohibited activity while promoting Fiverr on any media or forum.
For this purpose, “Prohibited Activity” means any activity that involves, facilitates, advocates or promotes one or more of the following: (a) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age, national origin or disability; (b) libelous, defamatory, obscene, pornographic, sexually explicit or abusive activities; (c) gambling or illegal substances; (d) sedition or illegal activities; (e) false or misleading advertising; or (f) a conflict or violation of any law, rule, regulation or any intellectual property or other rights of any person, party or entity.
7. Monitoring Compliance with the Affiliate Policy
In accordance with FTC requirements, Fiverr will monitor the Affiliate’s endorsement efforts to ensure that the Affiliate makes appropriate disclosures of any material connection(s) with our brand and reflect their honest opinion, finding, belief and experience with the endorsed product/service.
8. Repercussions for Identified Affiliates Endorsement Violations
Should Fiverr identify any social media posts which violate the Affiliates Policy, Fiverr will take appropriate action against the Affiliate based on the nature and extent of the identified violation. Repercussions for violation of the Affiliates Policy may include, but are not limited to a request for immediate removal of the post from ’s site and/or social media platforms; a post or statement which corrects the identified violation; suspension from the Affiliate Program; training and/or re-training on compliance with Fiverr’s Affiliates Policy and the FTC guidelines; and/or termination of the Affiliate's participation in the Affiliate Program.
9. Indemnification
Affiliates/Publishers will indemnify and hold harmless Fiverr against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) the Affiliate’s breach of any of the terms of this Affiliates Policy; (ii) any claim related to the Affiliate’s site or social media channels, including, without limitation, their development, operation, maintenance and content therein not attributable to Fiverr or (iii) Fiverr engaging in any Prohibited Activity.
