Disclaimer Template: Types, the FTC Affiliate Rule, and a Free Sample (2026)

Written by

Helena Kozlova in

Legal Content Specialist, AI Lawyer

~11 min read · Updated May 2026

Fact-checked by

Kamal Tserakhau in

Legal Team Lead · AI Lawyer

Reviewed for accuracy · Verified May 2026

A disclaimer tells your readers the limits of what you are responsible for, so a tip on your blog, a number in your spreadsheet, or a product you link to does not turn into liability. The catch is that there is no single disclaimer: a website needs different ones for advice, affiliate links, and warranties, and one of them, the affiliate disclosure, is actually required by federal law. This guide shows you the main types, the FTC rule most sites get wrong, what to include, where to place them, and gives you a clear structure to copy.

The short answer

A disclaimer limits your liability for how others use your content, products, or links. The common types are: not professional advice (legal, medical, financial), affiliate disclosure, warranty disclaimer, limitation of liability, views-expressed, and copyright or fair use. The affiliate disclosure is not optional: the FTC requires that any material connection, including affiliate commissions, be disclosed "clearly and conspicuously" near the link (16 CFR Part 255). A disclaimer limits ordinary liability but cannot waive fraud or gross negligence, and it does not replace your terms of service or privacy policy. Place it where readers will actually see it.

This article is general information for a U.S. audience, not legal advice, and the rules vary by state and industry. For a regulated field such as health, finance, or law, have an attorney review your disclaimers.

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Many typesadvice, affiliate, warranty, liability, views, copyright

FTC ruleaffiliate disclosures must be clear, conspicuous, and near the link

Placementa disclaimer hidden in fine print may not protect you

Limitsa disclaimer cannot waive fraud or gross negligence

What is a disclaimer?

A disclaimer is a statement that limits your legal responsibility for how people use your content, products, or services. It sets expectations, such as telling readers that your article is information and not professional advice, or that you are not liable for losses from acting on it. It is a shield against certain claims, not a way to escape all responsibility.

A disclaimer works by managing reliance. If you make clear that your content is general information, a reader cannot reasonably treat it as personalized advice and then hold you responsible when their situation differs. The clearer and more visible the disclaimer, the more weight it carries.

It is not the same as your terms of service or privacy policy. Those govern the relationship and data; a disclaimer addresses liability for the content and links themselves.

What are the main types of disclaimers?

The most common disclaimers are: a not-professional-advice disclaimer (legal, medical, or financial), an affiliate disclosure, a warranty disclaimer, a limitation-of-liability clause, a views-expressed disclaimer, and a copyright or fair-use notice. Most websites need several at once, because each one covers a different risk.

Common disclaimer types: not professional advice, affiliate disclosure, warranty, limitation of liability, views expressed — Most sites need more than one disclaimer; each type covers a different kind of risk.

Type	What it does
Not professional advice	Says content is general information, not legal, medical, or financial advice
Affiliate disclosure	Discloses that you earn a commission on links (required by the FTC)
Warranty disclaimer	States that a product or service is provided "as is," without guarantees
Limitation of liability	Caps or excludes responsibility for losses from using your site
Views expressed	Clarifies that contributor or guest opinions are not yours
Copyright or fair use	Asserts your ownership, or claims fair use of others' material

Match the set to what you actually do. A blog with affiliate links needs the affiliate and not-advice disclaimers; a SaaS product leans on the warranty and liability ones.

The FTC rule for affiliate disclosures

If you earn a commission on links, federal law requires you to disclose it. Under the FTC's endorsement guides (16 CFR Part 255, revised in 2023), any material connection, including affiliate commissions, free products, or paid partnerships, must be disclosed "clearly and conspicuously." That means the disclosure is hard to miss and easy to understand, and it sits close to the link, not buried in a separate agreement. A label like "paid link" near the link works; a vague "affiliate link" alone may not.

This is the disclaimer most sites get wrong, and it is the one with a regulator behind it. The FTC has made clear that "clear and conspicuous" is about whether an ordinary reader actually notices and understands the disclosure, judged by its size, contrast, and placement.

Practical compliance: put a short affiliate disclosure near the top of any page with affiliate links, repeat it close to the links themselves, and use plain words like "I earn a commission from purchases through these links." A footer-only or buried disclosure is the classic mistake the FTC flags.

The 2023 update applies the same logic to social and video: the disclosure must use the same medium as the endorsement, so a paid video needs an on-screen and spoken disclosure, not just a line in the description.

What should a disclaimer include?

A solid disclaimer states what the content is and is not, disclaims warranties, limits liability for losses, addresses external links and third-party content, includes any required affiliate or professional-advice notice, and tells readers how to contact you. The exact wording depends on your site, but those building blocks appear in almost every effective disclaimer.

The building blocks of a website disclaimer: scope, no warranty, liability limit, external links, affiliate notice, contact — The building blocks of a website disclaimer, from scope to contact.

Section	What it should say
Scope and purpose	What the content is, and that it is general information
No professional advice	That it is not legal, medical, or financial advice
No warranties	That content and any products are provided "as is"
Limitation of liability	That you are not liable for losses from using the site
External links	That you do not control or endorse linked third-party sites
Affiliate disclosure	That you earn a commission, stated clearly and near the links
Contact	How readers can reach you with questions

The two sections people leave too vague are the limitation of liability and the affiliate disclosure, and those are the two most likely to be tested.

Where should you put a disclaimer?

Put a disclaimer where readers will actually see it, ideally in more than one place. A general disclaimer belongs on its own page linked from the footer, and any context-specific disclaimer, especially an affiliate or not-advice notice, should also appear close to the relevant content. A disclaimer buried in fine print that no one reads may not protect you.

The rule of thumb is proximity. A liability or copyright notice can live on a footer-linked page, but an affiliate disclosure needs to be near the affiliate links, and a not-medical-advice notice belongs near the health content it qualifies. Visibility is what makes a disclaimer enforceable, so do not hide it.

What a disclaimer can and cannot do

A disclaimer can limit your liability for ordinary claims, set expectations, and satisfy disclosure rules like the FTC's. It cannot waive liability for fraud, gross negligence, or willful misconduct, and it cannot override consumer-protection laws or contradict a promise you actually made. It also does not replace your terms of service or privacy policy.

Think of a disclaimer as setting reasonable boundaries, not as a blanket immunity. Courts and regulators look at whether the disclaimer was clear, visible, and fair. A buried or overreaching disclaimer that tries to waive everything is more likely to be ignored than one that is honest and specific.

Common mistakes to avoid

The mistakes that make disclaimers fail are predictable: using one generic disclaimer for every risk, hiding the affiliate disclosure in the footer or omitting it, copying a disclaimer that does not match your content, burying it in fine print, and assuming a disclaimer waives everything.

Relying on a single catch-all disclaimer instead of the specific types your site needs.
Burying or skipping the FTC-required affiliate disclosure near your links.
Copying a generic disclaimer that does not match your content or industry.
Hiding the disclaimer where no reader will find it, which weakens its effect.
Assuming a disclaimer waives liability for fraud or gross negligence, which it cannot.

Frequently asked questions

Are disclaimers legally required?

Some are. A general disclaimer is good practice but not always mandatory, while specific ones can be required: the FTC requires an affiliate or material-connection disclosure, and regulated fields like health and finance often require advice disclaimers. The safe approach is to include the disclaimers that match what your site actually does.

Do I need an affiliate disclosure on my website?

Yes, if you earn a commission on links. The FTC's endorsement guides require you to disclose that material connection clearly and conspicuously, near the link. A short, plain statement that you earn a commission, placed close to the affiliate links, is the standard way to comply.

What does "clear and conspicuous" mean?

It means the disclosure is hard to miss and easy to understand for an ordinary reader, based on its size, contrast, and placement. A disclosure buried in a separate agreement or in tiny footer text usually is not clear and conspicuous. Putting it near the relevant content, in plain language, is what satisfies the standard.

What is a "not legal advice" disclaimer?

It tells visitors that the information on your site is general and not legal advice, and that reading it does not create an attorney-client relationship. Law firms and legal-information sites use it so readers do not rely on the content as advice for their specific situation.

Does a disclaimer protect me from being sued?

It reduces risk but is not a shield against everything. A clear, visible disclaimer can limit ordinary liability and defeat reliance-based claims, but it cannot waive fraud, gross negligence, or violations of consumer-protection law. It works best as one layer alongside good practices and proper terms.

Where should I place my disclaimer?

Put a general disclaimer on its own page linked from the footer, and place context-specific disclaimers, like affiliate or not-advice notices, near the relevant content. Visibility matters: a disclaimer readers cannot find may not protect you, so use more than one location when it makes sense.

Is a disclaimer the same as terms of service?

No. A disclaimer limits liability for your content and links, while terms of service govern the rules of using your site and a privacy policy governs data. They overlap but serve different purposes, and most sites need all three.

Do I need a lawyer to write a disclaimer?

For a standard site, a solid, current template is often enough, especially one that includes a compliant affiliate disclosure. For regulated content such as medical, financial, or legal information, a lawyer is worth a review. An AI tool can produce a strong first draft tailored to your site.

Sources and references

Federal Trade Commission, Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255 (revised 2023), and the FTC's "clear and conspicuous" guidance.
FTC business guidance on disclosures for affiliate links and influencer endorsements.
General U.S. principles on limitation-of-liability and warranty disclaimers.

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