Email Compliance for Affiliate Marketing


Published on

Join us as we take a look at what's new in email compliance, from updated international laws to CAN-SPAM to looking beyond compliance at best practices for email acquisition.

About Morgan Simon

Morgan has worked with hundreds of clients, from small networks to Fortune 500 brands to help launch, grow and manage their affiliate programs. She currently works as a Marketing Manager at UnsubCentral, the industry's leading compliance and suppression management solution. Morgan is passionate about the performance marketing industry - from tracking to strategy to staying compliant.

Want to Connect? You can reach Morgan at or on LinkedIn at

The presentation is from the Austin Digital Marketing Meetup on Tuesday, February 25, 2014:

Published in: Business
  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Email Compliance for Affiliate Marketing

  1. 1. Email Compliance for Affiliate Marketing What’s new and what you need to know Morgan Simon
  2. 2. Morgan Simon Marketing Manager, Client Services Sales, Client Services Morgan Simon Independent Consulting Ecommerce Strategy, Affiliate Program Implementation + Optimization
  3. 3. The Basics of Email Compliance CAN SPAM Act of 2003  An opt-out law with modest requirements  Primarily enforced by the FTC What it Really Means     Understanding the distinction between commercial and transactional messages    All emails must contain valid opt out mechanism, an be honored within 10 days   Don’t use false or misleading email headers ever! Avoid deceptive subject lines Identify your message as an advertisement Provide a valid physical address Make it easy for recipients to opt-out of future messages Honor opt-out requests promptly Carefully monitor your employees, affiliates, and subcontractors
  4. 4. The Basics (Continued) FTC Act • The FTC Act prohibits “unfair” and “deceptive” acts or practices • Unfairness  Substantial consumer injury  Not reasonably avoidable  Not outweighed by benefits to consumers or competition • Deception  Material representation or omission  Likely to mislead consumers acting reasonably under the circumstances • Sender ▫ If the designated sender fails to comply with its obligations, the other parties can be held accountable What does the FTC do? • The nation’s primary spam enforcer • 95 spam cases filed by the FTC since 1997  Targets run the gamut from publicly-traded companies to pill and porn spammers  Defendants face civil penalties, disgorgement of assets, and injunctive relief •
  5. 5. The Cost of Compliance Conduct Representative Case Outcome Deceptive subject line U.S. v. ValueClick $2.9 million penalty Sexually explicit images without label U.S. v. $650,000 penalty False headers FTC v. Atkinson > $19 million in judgments No physical address in message FTC v. Sili Neutraceuticals $2.5 million judgment No unsubscribe mechanism U.S. v. Kodak Imaging Network, Inc. $26,000 penalty Deceptive message body FTC v. International Research and Development $15.8 million judgment
  6. 6. What’s New: International Laws
  7. 7. What’s New: International Laws Canada’s Anti Spam Legislation  Moderates commercial electronic messages – “any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit.”  General rule is that the sender will need to obtain consent from the recipient before sending the message and will need to include information that identifies the sender and enables the recipient to withdraw consent.  Once in effect, Canada’s anti-spam laws will set the rules regarding consent (as opposed to the Personal Information Protection and Electronic Documents Act.)  The act was passed in 2010 and will go into effect July 1, 2014.
  8. 8. What’s New: Going Beyond Compliance  Double Opt In: ALWAYS the best choice  Smart Marketing  Opt outs for Sender AND Advertiser  Deliverability  Responsive Email Designs (Result in decreased deletion and unsubscribes)  List Segmentation (For legal and performance reasons)  Conduct Internal Audit
  9. 9. What should you do as an affiliate/ a company that does third party email acquisition?  Be aware. Know the jurisdictions and laws for all countries you are doing business in.  Give your readers a VERY clear opt out mechanism.  Use the tools advertisers provide – scrubbing lists, etc.  Your email header should match your real domain name.  Email subject lines should be relevant to email content.  Monitor your program  Brush up on new laws quarterly
  10. 10. Questions? Let’s Connect. Email: Phone: 512-857-7303 LinkedIn: Attending SXSW or AdTech SF? Shoot me an email.