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With the CAN-SPAM Act of 2003 coming into effect January 1, 2004, our industry is undergoing some significant transformations. The Federal Government has laid out guidelines as to what is considered legitimate commercial email and what is not. We at Golden Rule Business Tools welcome the Government in taking said action, and look to work with all our affiliated parties, advertisers, and clients to ensure full compliance with the spirit and letter the new laws.
The new law also explicitly forbids various fraudulent practices that Golden Rule Business Tools has never endorsed or willingly been a party to.
While it is unlikely that any Golden Rule customer has engaged in any of these practices, Golden Rule compliance efforts require that we reiterate the fact that Golden Rule Business Tools expressly forbids its marketing and media affiliates to transmit any email message on behalf of a customer that:
- Uses scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit, or enable another person to transmit any email or knowingly uses any relay or retransmission of an email from a computer or computer network that has been accessed without authorization;
- Uses any computer without authorization, or intentionally initiates the transmission of multiple commercial electronic mail messages from or through such a computer;
- Uses a computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages;
- Is accomplished through the intentional transmission from any electronic mail addresses or online user accounts, the registration of which were obtained using information that materially falsifies the identity of the actual registrant;
- Is accomplished through the intentional transmission from any Internet Protocol address, the access to which was obtained through a media affiliate's false representation of itself to be the registrant or the legitimate successor in interest to the registrant of such Internet Protocol addresses;
- Uses any falsified or forged electronic mail transmission information or other routing information in any manner.
As such, we present the following document, on how the Golden Rule Business Tools Group will require it's partners to operate starting January 1, 2004.
- As a Golden Rule Partner, you are 100% responsible for any offer that you market or re-broker to 3rd party mailers. You must comply with all state and federal laws, including the Federal CAN-SPAM Law effective January 1, 2004, and you must ensure 3rd party compliance with all such laws, rules and regulations.
- As a Golden Rule Marketing Partner, you must provide a true and accurate sample of any and all advertisements to us for our approval prior to distribution of any email message. .
- All advertisements must indicate in their subject line that they are advertisements or commercial solicitations in a "clear and conspicuous notice." The FTC is in the midst of deciding what form commercial subject lines must take, and you must comply with all regulations and guidelines published by the FTC. Until the FTC determines the guidelines for "clear and conspicuous", we suggest: ADV, CE, COM, Commercial, Advertisement.
- All messages must be truthful as to their origin and contain a valid email and physical postal address for the mailer. E-mails should also contain the name of the advertiser so that the origin of the message and source of the product are clear.
- All messages must contain an easy and valid method to opt out, including a clear and conspicuous notice of how to do so. Any request to opt out must be honored by your company, and emails to such recipient must cease, within five (5) days of receipt of the request.
- As a Golden Rule Marketing Partner, you must be sending emails from servers that YOU own. In no way are you permitted to proxy or use servers that you do not control to distribute email, unless you are employing the services of a 3rd party mailer at which point they are bound by the same requirements as you.
- If you wish to make any changes to creative, subject lines, etc., you must contact your account manager to gain approval.
- Any piece of mail sent must come FROM YOU. Do not use a "made up" from email address or from field. Please use YOUR Company Name.
- As a Golden Rule Marketing Partner, you agree to indemnify us and hold us harmless from any and all claims arising as a result of any errors, omissions, negligence or violations of the law on your (or your affiliates/associates') part.
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