Last Updated: November 17, 2019
Blick Art Materials, LLC (“Company,” “we,” or “us”) is committed to integrity and transparency in its marketing, advertising, and promotional campaign across all platforms, including social media. We have been expanding our use of third-party endorsements across all of our social media properties to advertise our brand, products and services and as such, must ensure all such messages are truthful and not misleading in every respect. This necessarily includes our obligation to clearly communicate to the consumer when a message is one of our sponsored endorsements.
The Federal Trade Commission (FTC) has provided a wealth of guidance with respect to an advertiser’s obligation to ensure that all endorsements comply with its directives. We intend to comply with their guidance. The primary source of FTC guidance can be found in its Guides Concerning the Use of Endorsements and Testimonials in Advertising in 2009 (16 C.F.R. §§ 255.0 to 255.5) (the “Endorsement Guides”). The purpose of this Social Media Endorsement Policy is to provide you with FTC compliance guidance, including with respect to the Endorsement Guides, to avoid the harsh consequences associated with a violation by us or any of our representatives, agents, employees, or endorsers. As such, this policy applies to: (1) all entities and individuals providing promotional communications on our behalf on any of our social media or other non-traditional media platforms, including without limitation, all independent contractors, bloggers, writers, speakers, influencers, agencies, representatives, brand ambassadors, artists, and talent (collectively, “Endorsers”); (2) all employees, representatives, agencies, and other entities or individuals managing at least one Endorser on Company’s behalf; and (3) all employees, contractors, representative, agents, and other entities or individuals who promote Company and/or its brand, product, or services on their personal social media accounts (either during or after work hours).
Whenever we sponsor (i.e., by providing any form of remuneration or benefit) a social media message about Company, and/or our brands, products, or services, the message will be considered a sponsored endorsement covered by this policy. Our sponsorship creates a “material connection” with the individual or entity providing the promotional message; i.e., a tie to our business which, if the consumer/recipient of the message were aware of the relationship, would reasonably cause the consumer to question the speaker’s credibility and motives, thereby affecting the effectiveness of the endorsement in the first instance. A material connection is established any time we do any of the following, either directly or through a third-party agent (among other similar such activities):
Please note that all of our employees, contractors, and agents already have a material connection to us and as such, will definitely be considered sponsored endorsers with respect to any published commentary about us, and/or our brand, products, or services.
This policy requires all sponsored endorsers to disclose, in a clear and conspicuous manner, their relationship to us when making any Company-related promotion on social media. Sample disclosure language includes:
With respect to any social media-disseminated promotional statements and related claims about Company and/or our brands, products, or services, all sponsored endorsers must comply with the following guidelines:
When posting or blogging about Company’s (or any affiliate or competitor of Company’s) business, brand, products, and/or services, all sponsored endorsers must disclose their “material connection” to Company in a clear and conspicuous manner. While specific language is not required, examples are set forth in the Section entitled Sponsored Endorsers and Material Connections, above. The communication should, in all instances, be clear, conspicuous, and effective. In other words, the disclosure should be easy to find, easy to understand, and provide enough information so that the consumer can make a reasonable decision as to the value, integrity, and objectiveness of the endorsement. With respect to conspicuousness, the following is imperative: (1) proper placement (i.e., it would be difficult to overlook); and (2) sufficient prominence (i.e., it is easy to read or hear with minimal effort). Avoid placing a disclosure: in overly small font, below the fold, amongst a string of hashtags, or in a hyperlink (such as a “disclosure” link).
Best practices include, where applicable:
The endorser should be familiar with the FTC’s regulatory guidance, including: (1) the Endorsement Guides (a copy of which can be found online at the following link: www.ftc.gov/news-events/media-resources/truth-advertising/advertisement-endorsements); (2) the Endorsement Guides: What People are Asking (a copy of which can be found online at the following link: www.ftc.gov/tips-advice-business-center-guidance-ftcs-endorsement-guides-what-people-are-asking); and (3) for social media endorsers, Disclosures 101 for Social Media Influencers (a copy of which can be found online at the following link: www.ftc.gov/news-events/blogs/business-blog/2019/11/disclosures-101-new-ftc-resources-social-media-influencers).
You should also print and save a copy of this Social Media Endorsement Policy for your reference.
Please contact Company’s Marketing Department at artists@dickblick.com with any questions regarding the requirements set forth in this Policy.