Beauty is one of the most visible areas of creator marketing: reviews, tutorials, “get ready with me” videos and haul posts. Behind many of them sit three different kinds of arrangement. A brand may gift a product, give a creator a tracked link or code, or pay a fee for a specific piece of content. Each is a commercial relationship, and the guidance on labelling each one is more consistent than many creators assume.
This explainer describes the three deal types, what regulators in the UK, the US and the EU say about them in sources checked on 12 October 2026, and what creators and brands should agree. It is general information, not legal advice.
What are the three main deal types?
The categories below overlap in practice, and one campaign can combine all three.
| Deal type | What the creator receives | What the brand expects |
|---|---|---|
| Gifting | A product, often unrequested, sometimes a full range or a trip | Usually a mention or a post, though not always agreed in advance |
| Affiliate | A commission through a link or discount code | Sales or sign-ups attributed to the creator |
| Paid partnership | A fee, sometimes plus product | Agreed content, approved by the brand, on an agreed schedule |
The terms are not legal categories. What matters to regulators is whether the creator received something of value, not what the arrangement is called.
How does gifting work, and does a gift count?
In a gifting arrangement, a brand sends products and hopes a creator will like them enough to feature them. Sometimes there are no conditions, sometimes there is a brief, and sometimes the products come with an unspoken expectation.
The regulators treat gifts as a commercial connection. The US Federal Trade Commission’s influencer guide, Disclosures 101 (November 2019), says that free or discounted products create a connection that must be disclosed when the creator mentions the brand. The UK Competition and Markets Authority’s guidance, last updated on 3 September 2025, applies to anyone who has been given a product for free, no matter how many followers they have. The UK Advertising Standards Authority says that when a brand gives an influencer a payment or any other incentive, requested or unsolicited, any content featuring or referring to the brand needs to be obviously identifiable as advertising.
The takeaway is simple: unsolicited does not mean undisclosed. A creator who received a free product and shows it should say so.
How do affiliate links and codes fit in?
Affiliate arrangements pay a commission on sales. The ASA’s page, dated 6 August 2026, says that when an influencer includes affiliate links or codes, any content referring to the product counts as advertising. In other words, an affiliate link turns a recommendation into an ad, whether or not the brand sent the product or asked for the post.
The European Commission’s Influencer Legal Hub, published in October 2023, says that advertising, including content created in exchange for products or services and affiliate marketing, must be disclosed. A discount code that gives the creator a share of sales is part of the same picture: audiences should be able to see that the creator benefits if they buy.
What changes when the deal is a paid partnership?
A paid partnership usually has the clearest paper trail: a brief, an agreed fee, approvals and a schedule. The brand typically reviews the content before it goes live, which in the UK can also mean the ASA can take action where a brand has editorial control. Our guide to pitching a brand partnership covers how such deals begin, and the one on how creators set rates covers pricing.
Paid does not mean different labelling. The same principle applies: the audience should be able to tell that the content is commercial before they engage with it.
How should each deal be labelled?
The guidance converges on plain, early wording. The comparison below uses only labels named in the sources.
| Situation | What the guidance says |
|---|---|
| Gifted product, post mentions brand | UK: needs to be obviously identifiable as advertising, and “Gifted” on its own is described as insufficient. US: free products are a connection to disclose. |
| Affiliate link or code | UK: counts as advertising. EU hub: disclose affiliate arrangements. |
| Paid post | All three regimes expect clear disclosure; the ASA’s preferred labels include “Ad” and “Advert”. |
| Own-brand or collaborative product | UK: falls within the advertising code and the CMA’s guidance. |
The ASA’s March 2023 guidance says “Ad”, “Advert”, “Advertising” and “Ad Feature” are very likely to be acceptable and that “Sponsored”, “Gifted”, “Supported by” and “Thanks to [brand]” are problematic. Disclosures 101 gives “ad”, “advertisement” and “sponsored” as workable examples in the US. For creators with international audiences, a plain “Ad” at the start of a post is the wording that fits both approaches. Our explainer on influencer disclosure rules compares them in more detail.
What are the common mistakes with gifted products?
Most problems come from assumptions rather than bad intent. Typical examples include:
- Assuming unsolicited means unlabelled. The guidance quoted above applies to requested and unrequested gifts alike.
- Thanking the brand and calling it done. The ASA lists “Thanks to [brand]” among wording it considers problematic on its own, so a thank-you is not a substitute for a clear label.
- Putting the label where few people look. The ASA says it is likely to expect a prominent label upfront, and the FTC says disclosures should be placed with the endorsement, not behind a “more” link.
- Forgetting later mentions. The FTC’s guide says that if a brand has given you free or discounted products or other perks and you then mention one of its products, you should make a disclosure even if you weren’t asked to mention that product.
- Making claims the brief does not support. In beauty especially, a creator should avoid describing results the brand has not substantiated.
Keeping a short log of what was received, when and from whom makes it far easier to label correctly and to answer questions later.
What should creators and brands agree beforehand?
A short written agreement avoids most disputes. For any deal, it helps to settle:
- What is being exchanged. The product, fee or commission, and when it is paid.
- What the creator may and may not say. Beauty content often involves claims about results, so the brief should say what the brand supports, and the creator should avoid claims they cannot back up.
- Approval. Who reviews the content, how many rounds of changes are included and how quickly.
- Disclosure. The label that will be used, where it appears and who checks it.
- Reuse. Whether the brand may use the content in its own advertising, for how long and where.
- Ending. What happens if either side pulls out.
Each of these is a standard contract topic, covered in our guide to creator contracts.
What should audiences look for?
Viewers can protect themselves with a few habits. Check whether a post carries a clear label at the start. Notice whether a link or discount code appears, since that usually means the creator earns something. Treat a single glowing review with the same care as any advertisement, and compare claims with independent sources. A label does not mean a product is bad, it simply tells the audience how the content came about. Comparison content about cheaper alternatives to well-known products raises further questions, which our explainer on dupe culture covers.
The takeaway: say how the content came to exist
Gifts, affiliate links and fees are different ways of paying for attention, and the rules treat them alike in the one way that matters: the audience should be told. Plain wording at the start of a post, backed by a short written agreement, protects creators, brands and viewers.
This article is general information, not legal advice. Advertising rules differ by country and change over time; check the current regulator pages.
Sources: US Federal Trade Commission (Disclosures 101 for Social Media Influencers, November 2019); UK Competition and Markets Authority (social media endorsements guidance, updated 3 September 2025); Advertising Standards Authority (influencer advertising guidance, 6 August 2026); Advertising Standards Authority (ad labelling guidance, 23 March 2023); European Commission (Influencer Legal Hub, October 2023)
