Affiliate marketing boom sparks intellectual property and trust concerns

Tiếng Việt

Affiliate marketing boom sparks intellectual property and trust concerns

The explosive growth of affiliate marketing across social media and e-commerce platforms is exposing significant legal and ethical risks, according to experts from RMIT Vietnam.

As affiliate-driven content increasingly blurs the line between personal recommendation and commercial promotion, RMIT academics warn that the unauthorised use of images, logos, slogans and creative formats is becoming more common, exposing creators, platforms and brands to legal disputes and long-term reputational harm.

Unauthorised use crosses legal lines

According to Dr Hoang Ai Phuong, Senior Program Manager of Digital Marketing at RMIT Vietnam, existing regulations already make clear that using another person’s image or branding without permission for commission-based marketing constitutes a breach of intellectual property and personal rights.

Such conduct may violate image rights, copyright or related rights where photos or videos are copied or edited without consent, and industrial property rights where protected logos or slogans are involved.

Dr Phuong said many emotionally engaging posts or viral videos are supported by what she described as an invisible affiliate marketing chain, in which private images and brand identities are exploited for commercial gain.

“This is not only unethical advertising behaviour, but also an act of unlawful commercial appropriation. Rights holders are entitled to demand content removal, public apologies and compensation for damages,” she said.

Recent incidents in Vietnam highlight how quickly these risks can escalate. In several cases, content creators used protected brand assets without authorisation, leading to public confusion about product origin and endorsement.

“When creators or affiliates use a company’s image or brand identity without clear confirmation or contractual agreement, risks emerge on multiple fronts, including loss of personal credibility, reputational harm to brands and potential legal consequences,” Dr Phuong warned.

The explosive growth of affiliate marketing across social media and e-commerce platforms is exposing significant legal and ethical risks. (Image: Freepik)

Scale and intent do not reduce liability

Dr Vassily V. Kucherenko, lecturer in Professional Communication at RMIT University Vietnam, said that intellectual property violations in affiliate marketing are not mitigated by scale or intent.

“It doesn’t matter, in fact, if it’s a micro-influencer or a global celebrity: you’re exploiting their identity to drive sales and earn commission,” he said.

“Responsibility in affiliate marketing ecosystems is often shared, with brands carrying primary responsibility for setting clear rules and monitoring content, while platforms and affiliates may be liable for negligence or wilful blindness.

“If a small-scale affiliate on Shopee or TikTok Shop uses infringing content to earn commission, the brand may still be implicitly responsible if it failed to monitor or terminate bad actors, which can lead to significant reputational damage.”

Plagiarism often disguised as “inspiration”

The issue extends beyond images and branding to content plagiarism, where copying is often framed as “inspiration”. Dr Nguyen Thi Tham, lecturer in Professional Communication at RMIT University Vietnam, said digital plagiarism occurs when someone copies content without attribution, and theft occurs when content is used without permission or in breach of copyright rules or platform terms.

Key factors include whether attribution or consent was provided, how much of the original content was taken, whether the use was commercial, and whether platform rules or intellectual property laws were breached.

“Technical evidence such as metadata and timestamps can also play an important role,” she said.

“It’s worth noting that current intellectual property laws still contain gaps, particularly in addressing new and cross-border forms of digital infringement.”

Dr Kucherenko offered a practical rule of thumb for identifying plagiarism in online content: “If removing the original creator’s name doesn’t change the value of the post, it’s stolen.”

“Copying a competitor’s video script or infographic layout with minimal changes does not amount to creative transformation. That’s not ‘inspired by’ – that’s a clear ‘rip-off’,” he said.

Copying is often framed as “inspiration”. (Image: Freepik)

Experts warn that if these practices continue unchecked, the long-term consequences for brands and consumers could be severe.

“They may include reputational damage, rising legal costs and declining confidence in both brands and recommended products. Over time, this erosion of trust could lead to lower conversion rates, higher consumer churn and increased investment in crisis management,” Dr Kucherenko said.

“There are also broader risks to the content economy itself. Legitimate creators may be drowned out by copycats, commission rates drop, and regulators step in with even heavier regulations.”

Clearer rules and ethical standards needed

To address these challenges, Dr Phuong called for clearer rules governing affiliate marketing on digital platforms.

First, all content containing affiliate links should carry clear and transparent labelling, so users are aware that it is advertising with a commercial benefit.

Second, accounts earning commissions should be subject to electronic identification (eKYC) and tax declaration requirements, while affiliate networks and e-commerce platforms should retain traceable records of link flows, revenue and content origins.

Third, a standardised notice-and-takedown process is needed to allow rights holders to request swift action. Practices such as distorting information or fabricating stories to generate views should also be treated as unfair competition, providing a clear basis for penalties.

Finally, there should be mechanisms to temporarily suspend or revoke commissions for repeat offenders, rather than limiting enforcement to administrative action on individual posts.

On the broader balance between intellectual property protection and creativity, RMIT experts stressed that ethical affiliate marketing ultimately rests on transparency and honesty. As Dr Kucherenko said: “In other words, no tricks, no hidden agendas.”

Story: June Pham

Business and management

Communication and design

Media Release

28 January 2026