| GatorB |
02-03-2005 02:25 PM |
Explain why Pimproll sent this to it's affiliates
New FTC Can-Spam Rule Reminder
As you know, the United States Congress recently enacted the CAN-SPAM Act ("the Act"). As directed by the Act, the FTC has issued its final Rule to prescribe a mark to be included in all commercial electronic mail that contains sexually oriented materials.
The Rule became effective May 19, 2004.
AGAIN: ALL AFFILIATES MUST COMPLY WITH THE ACT when promoting any PIMPROLL program.
YOUR ACCOUNT WILL BE CLOSED, NO QUESTIONS ASKED, IF YOU DO NOT COMPLY.
Following are the requirements of the final FTC Rule that you must comply with when sending sexually oriented email to promote our products:
1. The exact phrase "SEXUALLY-EXPLICIT:" must be contained in capital letters as the first 19 characters at the beginning of the subject line. This phrase in the subject line must be in ASCII format.
2. The exact phrase "SEXUALLY-EXPLICIT:" must be in capital letters as the first 19 characters in the "brown paper wrapper" area of the email message. The Brown Paper Wrapper refers to the opening portion of the e-mail that is immediately visible to the recipient, without scrolling down or taking any other affirmative steps to view the message. Sexually explicit material can be displayed beneath the "brown paper wrapper" area of the email message or accessible by clicking on a link.
3. A valid postal address must be displayed in the "brown paper wrapper" area of the email message. You must include the following:
This offer was sent on behalf of:
MDM / PimpRoll
Suite 29 - 1st Floor
Beckwith Mall
Lower Broad Street
Bridgetown, Barbados BWI
In addition, the "brown paper wrapper" area must indicate that the message itself is an advertisement or solicitation, and contain an e-mail address that the recipient can reply to declining any further commercial e-mail messages from the sender.
4. As CAN SPAM covers both visual images as well as the written word, the subject line must not contain text with written descriptions of Sexually Explicit Conduct. Also the "brown paper wrapper" area of the email message must not contain Materials with Sexually Explicit Conduct. Sexually Explicit Conduct means actual or simulated sexual intercourse [including genital-genital, oral-genital, anal-genital, or oral-anal, whether heterosexual or homosexual]; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of a human being.
5. Violation of the CAN-SPAM ACT may lead to civil and criminal penalties. You should seek proper advice from a qualified legal specialist. All violators will be terminated from the program in accordance with the terms and conditions and we reserve the right to report violations of the Act.
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