No matter if you are a merchant or an affiliate, you have to pay attention to this. You’ve probably heard about CAN-SPAM. Everyone who is doing email marketing should know at least the basics of it. But you may think if you are a merchant who is not sending any promotion email to your prospects or customers, you are not affected.

Wrong.

Merchants can be held responsible for the actions of their affiliates. According to McCain Amendment, vendors whose good are advertised in spam firmly on the hook even if an affilaite sent the spam.

Optin Global, Inc., Vision Media Limited Corp., Qing Kuang “Rick” Yang, and Peonie Pui Ting Chen are examples that it is being enforced.

You may know them as the folks who send out millions of mortgage spam into your mailbox, as affiliates. The FTC just settled a lawsuit with them.

Under the settlement, FTC explained that “The settlement requires that the defendants establish an aggressive monitoring regime for any future affiliate program to assure that their affiliates are complying with the provisions of the CAN-SPAM Act and California law. In addition to reviewing, in advance, the subject line, text, and other particulars of the affiliates proposed campaign, the defendants are required to establish an opt-out mechanism for any e-mail campaign conducted on their behalf and requires that they ensure that all opt-out requests are honored.”

If you are a merchant and allow your affiliates to promote your product through email, consider keep an eye on CAN-SPAM compliance.

Source: The Internet Patrol.