Email marketing remains a powerhouse for many brands' digital marketing strategies today, including affiliates aiming to boost a brand’s lead generation and drive sales. However, maintaining compliance with email regulations such as the CAN-SPAM Act is essential to protecting not only the affiliate’s reputation, but also the reputation of the brand that the affiliate is representing. Maintaining compliance also ensures that you avoid costly penalties for noncompliance, which can be as high as $51,744 per email found to be in violation at the time of writing.
The CAN-SPAM Act mandated a list of rules in 2003 that anyone sending marketing messages via email must adhere to. One of them being the inspiration for this article, and the reason ALL CAN-SPAM regulations apply to affiliates, so that’s where we’ll start!
As an affiliate, you are not only taking responsibility as a third-party entity that sends emails on a company’s behalf, but also still responsible for the sending of commercial email yourself. Companies can outsource their marketing efforts, but the accountability then lies on both parties. When an affiliate sends a marketing email to an individual, they must follow all the rules and regulations that brand is also held to. If they do not, they not only risk incurring steep fines for themselves, they also hurt their reputation as an affiliate partner.
With that in mind, here are five compliance tips to ensure your email campaigns as an affiliate are not only effective, but also lawful.
5 Email Compliance Tips That All Affiliates Should Know
1. Identify The Message As An Ad
This can be done in a number of ways, but all email marketers must clearly and conspicuously disclose that their message is an advertisement.
2. Ensure Accurate Header Information
This means the “From,” “To,” and “Reply-To” fields in your emails must correctly reflect your identity or that of your company. Maintaining consistency in your domain names and email addresses fosters trust and transparency with your audience.
3. Craft Honest Subject Lines
Your subject line is the first interaction that your audience has with your email, and it should never be misleading. It must clearly convey the nature of the content within the email. Misleading or deceptive subject lines can result in not only reduced trust with your audience, but also potential fines.
4. Disclose The Sender’s Location
Under federal regulations, every email must contain a valid physical postal address for the sender, which includes affiliates sending marketing emails on behalf of a brand. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail-receiving agency established under Postal Service regulations. Including the physical location helps fortify your legitimacy and trustworthiness in the eyes of your recipients.
5. Provide A Clear Opt-Out Mechanism & Honor Them Promptly
Every email you send must include a clear and easy-to-find explanation of how recipients can unsubscribe from future marketing emails. The opt-out process should be simple and easy to recognize, read, and understand. Additionally, you must honor these requests within 10 business days to be compliant with CAN-SPAM, but it’s important to note that a few individual Email Service Providers (ESP), such as Gmail and Yahoo! now have their own stricter requirements for larger mailers.
For example, both inbox providers now require you to process and honor opt-out requests coming from their users within 2 days. So, it’s equally important to stay on top of any mailer guidelines announced by some of the larger inbox providers.
Legal Disclaimer
Nothing in this article should be construed as legal advice. We highly recommend that you familiarize yourself with the various information sources regarding CAN-SPAM on the FTC website. We also always suggest that you obtain professional legal advice regarding your company’s email compliance programs, related to CAN-SPAM or other relevant regulations that impact email and other digital marketing channels.
For a more detailed breakdown of The CAN-SPAM Act, you can read the FTC’s compliance guide: CAN-SPAM Act: A Compliance Guide for Business.
By adhering to these compliance tips, affiliates can more effectively manage their email marketing campaigns while aligning with legal requirements. In doing so, you’ll protect yourself from legal repercussions and also strengthen the relationship between you and your audience.
About The Author
OPTIZMO Technologies is the recognized thought-leader in the email and online marketing space for email suppression list management, email campaign management, data management, and risk mitigation services relative to email compliance.
If you’re interested in learning more, you can reach out to OPTIZMO today by visiting our website or emailing our sales team below.
sales@optizmo.com
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