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  1. #1
    ABW Ambassador
    Join Date
    January 17th, 2005
    This just in - how many more companies will be soon doing the same?

    As you may be aware, there continues to be legislative activity around e-mail marketing. A new California law will become effective on January 1, 2004, unless a federal law currently pending in Congress preempts that law. Both of these laws have provisions governing third party e-mail marketing.

    Because the legislative situation is unclear at this time, American Express has decided to terminate all third party email marketing until the legal requirements are clarified and procedures for meeting those requirements are in place. We are hopeful that this will happen early in 2004. We will contact you when these issues are clarified to discuss how the new law and procedures will impact our third party email marketing activities.

    Accordingly, as of December 15, 2003 and until further notice, we hereby direct you to stop all email marketing activities that include the American Express name, brand, or mark. Please note that this applies to all affiliates and all affiliate emails, regardless of the state that your business resides or the state in which recipients of your email live and/or work.

    Please note that email marketing includes the following forms of creative:

    Stand alone emails and newsletters promoting American Express products or your affiliate relationship with American Express.

    Emails and newsletters promoting multiple products of which American Express is one.
    All advertising that requires a From/Sender line, email recipient address, and/or a subject line.
    Failure to comply may result in termination from the American Express Affiliate Program, and may also lead to litigation or enforcement activity under the applicable email regulatory laws. (If you have any questions about the pending laws or their potential impacts on your business, we suggest that you consult with your attorneys.)

    The American Express Terms and Conditions have been updated to reflect this change to our affiliate policy. Please click the link below to review the updated Terms and Conditions.

    The new law will have some effect on affiliate marketing.

    Great News - we can now support ebates and pp merchants - they are cleaning up their act and I'll bet it'll be a long time before we see another clip of ebates overwriting affiliate links.

  2. #2
    ABW Ambassador Jane's Avatar
    Join Date
    January 17th, 2005
    I think they will all be doing the same and I think it is great! I just hope they aren't forced to drop affiliates completly because some won't stop.

  3. #3
    ABW Ambassador writerguy's Avatar
    Join Date
    January 17th, 2005
    Springfield, Missouri, USA
    Speaking of spam and email: Didn't download and read it, but I got my first-ever "stop spam with our software" spam that had this in the subject line:

    "Stop e-mails just like this one."


    Gary Speer

    Quoth the Owl, "Uuuuh, I dunno?"

  4. #4
    ABW Ambassador
    Join Date
    January 18th, 2005
    Nunya, Business
    I think everything will be ok once everything gets sorted out. Opt in email will continue and double opt in will be the way to go if you're not doing it already. I think merchants might just need to keep a more watchful eye. This will blow over. The whole idea is to stop SPAM not mail people opt in to receive.

  5. #5
    ABW Veteran jc101's Avatar
    Join Date
    January 17th, 2005
    Santa Cruz, CA
    yep I support this move enough said.

    <font face="Verdana" size="1">About us</font><font face="Verdana" size="1"> |Contact us| poetry | fighting parasiteware

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  6. #6
    ABW Ambassador
    Join Date
    January 18th, 2005
    West Coast USA
    We run our entire web enterprise off one AmExp card account. AmExp does not have our Email addy. They just send us a bill at the end of the month.

    Since they don't have the Emaill addy, they have elected to denude entire forests in order to fill our mailbox with Snail SPAM. We must get 20 to 30 per month. THEY ARE SPAMMERS

    [end rant]

  7. #7
    ABW Adviser Panel Dynamoo's Avatar
    Join Date
    January 18th, 2005
    Opposite the Slough of Despond
    I never send out newsletters or mailing lists with the merchant/network affiliate link anyway, only a link to a landing page on my own site.

    That way, if there's any confusion over the nature of the email (I *don't* send spam, but it's always possible it will get misreported) then it's only a problem between me and my host (which is fairly bad) rather than me and the network or merchant (which tends to be very bad indeed).

    I use Topica for my newsletters which is free (it has an irritating but irrelevant advertising link when I send it out), carries a valid and verified From: address and is double opt-in. There's also a paid-for version without the advertising.

    "All your commission are belong to us." - Slimeware Corporation

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