Blog Details

1. Compliance with the Information Technology Act, 2000

• All affiliate marketing activities must comply with India’s IT Act
  
• Affiliates and brands must avoid publishing misleading or false information
  
• Cybersecurity measures should be in place to protect user data collected via affiliate links
  
• Hosting unlawful content or deceptive claims can result in legal penalties
  
• Responsibility lies with both the affiliate and the IT company if violations occur
  

2. Adherence to the Digital Personal Data Protection Act, 2023

• Explicit consent must be obtained before collecting or processing personal data through affiliate landing pages
  
• Clear privacy policies must be displayed where user data is collected (e.g., lead forms)
  
• IT firms and affiliates must offer opt-out options and secure data handling
  
• Data should not be shared without the user’s permission or for unrelated purposes
  
• Non-compliance may result in fines or platform-level bans
  

3. Disclosure Requirements by the ASCI (Advertising Standards Council of India)

• Affiliates must disclose paid partnerships using clear tags like #ad, #sponsored, or #affiliate
  
• Disclosures must be placed prominently and not hidden in captions or descriptions
  
• Applies to all content formats, including blogs, videos, and social media posts
  
• Ensures transparency and protects consumer rights under advertising laws
  
• Non-disclosure can lead to take-down notices or public reprimands
  

4. Avoidance of Spam and Misleading Practices

• Promotional emails and SMS sent by affiliates must follow anti-spam rules (as per TRAI and IT guidelines)
  
• Messages should include opt-out mechanisms and identify the sender clearly
  
• Misleading claims, clickbait titles, and fake reviews are legally risky
  
• Repeated violations may result in domain blacklisting or account bans
  

5. Clear Terms in Affiliate Agreements

• IT companies must provide a detailed affiliate contract covering:
  
  • Commission structure and payment terms
    
  • Content guidelines and usage rights
    
  • Termination clauses and intellectual property use
    
  • Legal jurisdiction (typically governed by Indian law)
    
  • Restrictions on promoting competitors or unauthorized offers