Email List Rental Agreement
It’s incredibly quick and easy to get started, and today’s email marketing tools make it simple for marketers of all levels to create a campaign, upload a list, and send it out. However, before you begin sending out campaigns, it’s worthwhile to have a basic understanding of the laws around email marketing to ensure your campaigns aren’t breaking any. Read on to learn about the laws surrounding email marketing and the things you need to do to ensure your email marketing initiatives are following them.
There are number of different laws that guide the use of email marketing for commercial purposes. It’s the CAN-SPAM act in the US, the CASL laws in Canada, and, in the UK, it’s a set of laws known as the Privacy and Electronic Communications Regulations of 2003.
All of these laws dictate a number of conditions that email marketers need to follow to avoid significant fines.
While this may sound intimidating, if you’re a legitimate business using a proper email marketing tool to send legitimate email campaigns, you are likely already complying with the rules.
These laws are largely targeted at spammers and are designed to prevent them from acquiring people’s email addresses without their permission and spamming them with unsolicited emails.
However, there are a few nuances in the laws that even marketers with the best intentions can accidentally violate, so it’s important to be informed on how to be compliant.
Most country’s email marketing laws stipulate that people need to give you permission to email them in order for you to send them campaigns.
The definition of permission varies between each country’s laws, but there are generally two types of permission: implied permission and express permission.
Implied permission describes those with whom you have an existing business relationship. This could be because they are a current customer, donate to your charity, or are an active member of your website, club, or community.
If you don’t have implied permission to email a person, then you’ll need express permission. Express permission is granted when someone specifically gives you permission to send them email campaigns, potentially by entering their email address in a subscribe form on your website or entering their details into your in-store newsletter subscribe form.
“Header information” refers to the extra information sent along with your email campaign, such as the “from” name, subject line, and reply-to address.
Email marketing laws stipulate that you must not include incorrect or misleading information in these fields to try to trick people into opening your email campaigns.
Converse does a good job of staying within the laws. They include their company name in the “from” field to make it clear who the email is from, and use a subject line that reflects the content of the email to ensure there’s no confusion.
CAN-SPAM laws stipulate that you must clearly and conspicuously disclose that your message is an advertisement.
The law gives a lot of leeway in how you do this, and you don’t need to specifically state “This email is an advertisement” every time you send a campaign. It’s more about not purposely deceiving your recipients into thinking this is a personal email.
Sephora does an excellent job of this in their email campaigns.
Most countries’ email marketing laws stipulate that you must clearly include a valid postal address for your business in your email campaigns. This can be your current street address, a postbox address, or an address with a registered commercial mail-receiving company.
BuzzFeed complies with this law in all of their campaigns by including the address of their New York headquarters at the bottom of every campaign.
Most countries’ email marketing laws stipulate that your email campaigns include a clear and conspicuous mechanism for opting out of receiving emails from you in the future, and that this mechanism is easy for an ordinary person to recognize and understand.
The CAN-SPAM laws stipulate that you must honor a recipient’s opt-out request within 10 business days, and that you cannot charge a fee to opt them out, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website to opt out.
Rip Curl goes above and beyond this law in all of their campaigns. They include an unsubscribe link in the footer of every campaign that instantly removes a subscriber from the list before directing them to a confirmation page that lets the recipient know they have been unsubscribed.
You MUST NOT, include PMU Women of Color as a sponsor of your email. You may only state that you were a speaker or vendor at the PMU Women of Color Conference 2019.
User acknowledges that the mailing list is for a one-time mailing, exclusively for the agreed productor service described in the sample mailing piece approved by PMU Women of Color, LLC . Any alterations, substitutions, oramendments to the sample mailing piece must be approved in advance, in writing, by PMU Women of Color, LLC
2. The mailing list will not be used for mailing with respect to the following items: tobacco; alcoholicbeverages; firearms; gambling; pornographic materials; and any other items or subjects added to thislist from time to time (prior notice of which need not be provided to User). No reference will be madeto PMU Women of Color, LLC in any mailing using the mailing list unless otherwise agreed to in writing, in advance, byPMU Women of Color, LLC .
4. User agrees not to (a) copy, transfer, reproduce or retain in any form whatsoever all or any part ofthe mailing list or permit a third party, agent, employee or contractor and their respective agents to doany of the foregoing; (b) disclose the identity of PMU Women of Color, LLC as the source of the mailing list to any thirdparty; (c) User acknowledges that the list remains the sole and exclusive personal property of PMU Women of Color, LLC .
5. User acknowledges and agrees to the fact that the mailing list has and will continue to be monitoredto prevent improper use thereof by a combination of planted or varied names and addresses.
6. User agrees to indemnify and hold harmless PMU Women of Color, LLC for any and all claims, damages, losses, orexpenses however incurred or occasioned by the use of its list contrary to the provisions of this Agreement by the User or any of those referred to above.
Leave this empty:
Signed by Jenny Lind
Signed On: July 11, 2019
If you have questions about the contents of this document, you can email the document owner.
Document Name: Email List Rental Agreement
Agree & Sign