Email Marketing Agreement: Everything You Need to Know
An email marketing agreement is a standard document that marketing companies and professional web businesses offering email services to clients implement.3 min read updated on February 01, 2023
An email marketing agreement is a standard document that marketing companies and professional web businesses offering email services to clients implement.
Information About Email Marketing Agreements
Companies that provide email marketing services must make sure their agreements comply with applicable laws and regulations. They must also make sure that their agreement is structured to protect the business against risks and liabilities.
A service provider for email marketing must make sure that the terms and conditions of their agreement provide the coverage needed to reduce the chance of clients using their services unlawfully. An example would be a client violating the Privacy and Electronic Communications Regulations by sending out spam emails.
For service providers reselling the services of another person/business, the terms and conditions of their agreement must blend with the original supplier of services. This means the terms and conditions of both agreements should work back-to-back.
Legal Requirements for Email Marketing
There are many laws and regulations governing email marketing services. Because of this, it's important for customers using a marketing database supplied by a service provider to know that it was created according to the law.
One area of the law you don't want to overstep concerns legislation regarding spam. Before sending out emails, be aware of these guidelines:
- Sending unsolicited messages is illegal in many countries.
- The exception is if the emails are being sent using a mailing list people have signed up to be on. In this case, it is not illegal.
- When sending out an email newsletter, an unsubscribe option easily found within the email must be included.
- The unsubscribe option must be in working order and must be honored within a reasonable time. In the United States, there is a 10-day timeframe for honoring the unsubscribe request.
Email Marketing Laws
From a legal perspective, there are several points to consider, beginning with providing subscribers with the double opt-in process. With the double opt-in system, when a person subscribes/signs up, they will receive a confirmation email validating your interest in receiving emails from you. Do not add anyone to your email list that has not given you permission.
- The user's name.
- The user's address and phone number.
- The user's email address.
- The user's IP address.
- The access time and date of the website.
- The browser used.
- The operating system used.
- Which pages the user visited.
- What site the user came from.
Keep the policy page updated to reflect any new information that is being collected.
If you need help with an email marketing agreement, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.