Unsolicited e-mails can get you, as an affiliate marketer, in big trouble. Image: dsf/Flickr/CC-BY

If you choose to use e-mail to promote your affiliate offers, it is incredibly important that you comply with the laws governing marketing e-mails. E-mail can be an incredibly effective way of marketing, but misusing the method can turn off customers and cost you money. In this affiliate marketing how-to, we will discuss the basics of complying with CAN-SPAM.

The origin of CAN-SPAM

The CAN-SPAM act was originally signed into law in 2003. The full name of the act is Controlling The Assault of Non Solicited Pornography And Marketing act. The Federal Trade Commission was given the responsibility of administering the act and its enforcement. Since 2003, only minor adjustments have been made to the act, mostly to clarify requirements.

Why your affiliate marketing needs to comply with CAN-SPAM

Not only does not complying with these regulations carry the possibility of invalidating any affiliate commissions you may earn from the e-mail, but you could be fined up to $16,000 for every individual e-mail that violates the act. An affiliate marketing e-mail that violates CAN-SPAM that is sent out to 100 people could cost you $1.6 million before it makes you any money.

How to comply with CAN-SPAM

If you do want to send out affiliate marketing e-mails, complying with the CAN-SPAM act is relatively simple.

1. Use accurate header information – the to, from, reply to, and routing information needs to be honest and accurate. You need to include a real e-mail address that the recipient of the e-mail can reply to. You also need to send the e-mail from a working email address that “accurately represents” who you are. If you had your own affiliate marketing website with the address www.adworkz.com, and were sending out an e-mail about an offer on that website, you would need to send it from an e-mail @adworkz.com.
2. Accurate subject lines – Your subject line has to be in a similar vein as the topic of your e-mail. You cannot use subject lines that are not related to your e-mail. If you are sending out an identity protection e-mail, for example, you could not use a subject line like “Your lottery winnings.” This is generally good marketing practice, as well.
3. Identify the ad – In the e-mail, you have to conspicuously and obviously identify the e-mail you are sending as an advertisement.
4. Give an address – You must include a physical address where recipients of the e-mail would be able to reach you.
5. Give an opt-out option – You must include a clear, conspicuous and easy-to-understand method for the recipient to opt-out of receiving e-mails from you in the future. The opt-out has to be through either e-mail or a website. This opt-out must include the option of opting out of all commercial messages from you. You must respond to these opt-out responses in 10 days or fewer. You cannot charge for the opt-out, and you cannot sell or redistribute the e-mail address after they have opted out.

This is by no means a complete list of the regulations in the CAN-SPAM act, and as always, you should consult a lawyer to ensure that your marketing complies with federal and state regulations. You can read more about CAN-SPAM on the FTC website.