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  1. #1
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Your question is a little hard to quite understand. You say that you are sending emails "fully according to the laws", but then you say "without asking the readers". Assuming by "readers" you mean the recipients of your emails, if they have not opted in to your mailings, then you are most likely NOT within the law, as CAN-SPAM requires people to first agree to accept receipt of your email.

    Everyone involved in the chain could be in violation of US federal law for any such violation.

    Here is the best, simple explanation of CAN-SPAM requirements that I have seen. It should be helpful to you. "The CAN-SPAM Act (In Plain English)"
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  2. #2
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    Will have the affiliate company a problem with it if you are not using it's name or the names of it's merchants? If so, how could be find you? Will have the hosting company any problem with it??

  3. #3
    ...and a Pirate's heart. Convergence's Avatar
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    SPAM is SPAM. Everyone should have a problem with it...
    Salty kisses, Sandy toes, and a Pirate's heart...

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  5. #4
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    Okay, okay, I understood it... But will have the affiliate company a problem with it if you are not using it's name or the names of it's merchants? If so, how could be find you? Or it is just for the types and never deal with this until the time that a problem occurs??

  6. #5
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    The bottom line is if you have questions regarding a marketing campaign of any kind and you can't find the answer in the merchants terms, you need to email the merchant/Affiliate Manager directly. Many merchants do not allow email campaigns, period. Others will have certain requirements listed in their terms about email marketing. If you are just randomly emailing people and not using email from an opt-in list, most will have a problem with that.

    Merchants don't want to be associated with SPAM.

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  8. #6
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Just so things make more sense, this is the post from P. Xenakis that originally began this thread:

    If you send e-mails fully according to the laws, but without asking the readers, is there any way to be described as a spammer? Will have the affiliate company a problem with it if you are not using it's name or the names of it's merchants? If so, how could be find you? Will have the hosting company any problem with it??

    Thank you!
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
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  10. #7
    ABW Ambassador 2busy's Avatar
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    Not just the merchants, the Networks also have Terms that are agreed to. I know that spam is specifically prohibited by the networks I work with and one of them (SAS) makes it clear as a bell:
    "You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense."

  11. #8
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    How could be find you?

  12. #9
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by P. Xenakis View Post
    How could be find you?
    Simple.

    SPAM gets reported.

    Links in SPAM go through your affiliate link.

    Network cancels you and keeps all your earnings.

    Network reports you to authorities based on:

    1) Your IP address used to access the network
    2) Your account information on file with the network

    That's just for starters...
    Salty kisses, Sandy toes, and a Pirate's heart...

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  14. #10
    ...and a Pirate's heart. Convergence's Avatar
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    BTW, sometimes I wake up in a real pissy mood.

    I go through my SPAM folders.

    I paste the links in the SPAM on a certain website to see all the forwards they use. When I get an affiliate link, I report it to the networks and the merchants.

    Police are own. "Kill off" the bad players...
    Salty kisses, Sandy toes, and a Pirate's heart...

  15. #11
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    But the links in message will not be the affiliates links but just a link to the page. The affiliates links will be after that.

  16. #12
    The "other" left wing davidh's Avatar
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    I don't think you're going to get very many tips or tricks here on how to justify or get away with email spamming.
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  18. #13
    Moderator MichaelColey's Avatar
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    You seem pretty set in your decision. It looks like you're just looking for some affirmation. I don't think you're going to get any of that here. I think we ALL get enough spam that we're not going to encourage someone else to spam.

    Why don't you try applying your skills and talents in a more productive way?
    Michael Coley
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  20. #14
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by P. Xenakis View Post
    But the links in message will not be the affiliates links but just a link to the page. The affiliates links will be after that.
    That makes it just as easy. A website with YOUR affiliate link(s) on them.

    Now ISP's, Hosting Companies, etc. get involved as well...
    Salty kisses, Sandy toes, and a Pirate's heart...

  21. #15
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    Quote Originally Posted by P. Xenakis View Post
    How could be find you?
    What are you really asking for. Some kind of validation for spamming?

    Lawful email without permission - What does that even mean. Is there something called lawful spamming.

    How can they find you - If they can't find you, will it be ok to spam.

    But the links in message will not be the affiliates links.. - So what. Let's say the entire message doesn't have anything other that a picture of an apple. It's still spam. Spamming means sending unsolicited emails no matter what the content is.

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  23. #16
    OPM/Moderator Hectic GHC's Avatar
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    How can they find you? I'm standing outside your window right now.
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  25. #17
    ABW Ambassador JoyUnltd's Avatar
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    Hi P. Xenaxis & welcome to ABW. You perhaps don't understand the anti-spam laws in the U.S.

    While it may seem from the reading of the CAN-SPAM Act of 2003 that you can send commercial emails without prior consent, people who receive your email can report you to your ISP or hosting company if you don't follow each rule. There are very stiff penalties. Knowledgeable people (who may also be affiliates) can report you to a network or merchant, if you ever mention any in your email (which you said you won't, but only send readers to your site).

    Your ISP or host may not appreciate complaints and your site could be pulled down. It's not worth the risk. There's no easy way to avoid building a small business online, unless you have a lot of $$$ and can afford PPC ads (which also have many rules you must follow or be kicked out of the program).

    Sending out thousands and thousands of unsolicited emails is NOT going to attract people to your site. For all you know, your emails could wind up in a spam folder and never be seen. If you use a proper email agency (ConstantContact, MailChimp), you will have to provide a double opt-in for signups.

    If you use some offshore agency in hope to bypass this requirement, if enough people report your emails as spam, your site will be pulled down by your ISP or host.

    Do not act out of desperation: you make mistakes that you may not recover from.

    P.S. - ABW is not a "black hat" forum. You will not receive any help on how to do unethical things in marketing or ecommerce.
    Renée
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