Quote:
Originally Posted by Shelleehale
I just thought the following would have been imporant information to provide:
Main Points of the Can-Spam Act - Outlaws the use of false or misleading headers.
- Outlaws the use of deceptive subject lines.
- Requires a clear and conspicuous opt-out mechanism within every commercial email.
- Requires the inclusion of a valid physical postal address within every commercial email.
The FTC (Federal Trade Commission) will be strict in their enforcement of the Can-Spam law and violators may be subject to “ cease and desist” orders or penalties up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders will also be subject to prison time.
I guess we know that legitimate email marketers (such as yourself!) will likely not have to worry about the consequences mentioned above but it’s important to know about the seriousness of this law and how it pertains to affiliate marketing and current prosecutorial motives.
After reviewing the acknowlegment I believe the US Attorney will not be happy with the notice by Top Bucks and ask that it be revised and re- issued. I guess you all disagree with that and are just fine with giving your acknowledgment to the US Attorney's office to support future litigation against you if you are found non-compliant or if someone spams without your knowledge under your domain name or email address and are falsely accused and forced to defend yourself. Good luck with Top Bucks giving you all free legal advise on this one, they couldn't keep themselves out of litigation but maybe they will keep you from it but it looks to me like staying an affiliate and acknowleging this agreement you will be under the "watchful eye." |
Shellee, out of respect for DK, and in my new spirit of being a nice person (it's hard, but I am trying).
I think pretty much everyone on this board is all quite familiar with the CAN-SPAM law and it's ramifications.
Your last paragraph applies to everyone in the business whether they are affiliated with TopBucks or not. If someone spams from one of my domains, I will probably get called on it, whether I agree to the topbucks injunction or not. If I spam I will get called on it whether I agree to the injunction or not.
SPAM is illegal period. Agreeing to the injunction just states that you know you are not allowed to SPAM TopBucks sites. If someone didn't already know that then they were clueless to start with.