As we're sure you are aware, there have been some significant changes recently in the US laws that directly affects the way you contact and follow up with prospects. The major changes include the Do-Not-Call Registry and the Can-Spam law. Below we have summarized each law for your convenience, and offered tips on how you can make sure to comply with the laws 100% without letting it affect your marketing success. Please note, the below is not legal advice. If you have other questions or concerns about complying with the law, please consult a qualified attorney.
National Do-Not-Call Registry
The national Do-Not-Call Registry was set up in 2003 to help curb the enormous volume of telemarketing in the USA. Generally, these laws are designed to be used against high-volume telemarketing companies, not the typical home-business professional. Nevertheless, there are some basic steps you can take to ensure that you are complying with the law:
The Do-Not-Call rules allow a period of three months during which marketers can follow up with a prospect who has requested to be contacted. As long as you are buying fresh or real-time leads, you have a period of ~90 days during which you are allowed to follow up with a prospect. We maintain full proof-of-contact info for all of our fresh and real-time leads including time-stamps and IP-address to make sure we have defensible information for you to use if a lead complains. If you need this information, it will be supplied to you as proof that the lead requested to be contacted.
CAN-SPAM Law
The CAN-SPAM law was put into use on January 1st, 2004 to help curb the tremendous volume of SPAM or unsolicited email. You may view the full text of the law by clicking here. The harsh penalties and fines associated with the law make compliance crucial. Below we have offered some tips on how to comply:
1) It is a violation of the act to (i) use another person's computer or another person’s email address to send commercial e-mail, (ii) send email with false header information or (iii) misrepresent your identity when obtaining an email account. 2) All header information (defined as the source, destination, and routing information attached to an e-mail, including the originating domain name and originating electronic mail address, and any other information appearing in the line that identifies or purports to identify the sender) must be accurate and complete. 3) Subject headings may not mislead. Subject headings must accurately describe the subject matter of the email. 4) The text of the email must describe how (i.e., by return email or through an internet based mechanism) the recipient may opt out from all future email correspondence from the sender. Once a prospect opts-out, you should never send them another email. 5) The text of the email must provide an opt-out mechanism (as described above) and must include your physical post-office address.
In following the above steps, you can ensure that any emails that you send your prospects are compliant with the recently passed federal law. Again, this law is a leap forward for our industry - it allows legitimate marketers a fair chance to present their opportunity without competing for the prospect's attention with dozens - or hundreds - of illegal SPAM emails.
PRIVACY POLICY
New England Marketing demonstrates a firm commitment to privacy. Because we may gather important information from our visitors and customers, we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices. We recommend that you review this Privacy Policy regularly for revisions or modifications so that you may stay informed of our practices.
By using our services or submitting information which we use in providing our services, you accept the practices described in this Privacy Policy and expressly agree to accept offers from us, our customers, and/or any third party to whom we may resell your email address or other contact information.
The information we collect can include individual names, company names, addresses, telephone numbers, e-mail addresses, and financial qualification and billing information such as billing names and addresses and credit card numbers. You will have the opportunity to ‘opt out’ of providing this additional information by not entering it when asked.
We use the information collected to provide our services. We may also use the information to contact customers regarding the services we provide and to send information regarding, partners, promotions, or events.
We use a third party intermediary to manage credit card processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided except for the sole purpose of credit card processing.
We may also collect certain information from visitors to and customers of the site, such as Internet addresses. This information is logged to help diagnose technical problems and to administer our site in order to constantly improve the quality of the services we provide. NEM may also track and analyze non-identifying, aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
If you send personal correspondence, such as emails or letters, or if other users or third parties send NEM correspondence about your activities or postings, NEM may collect such information into a file specific to you. We use information in the file that we maintain for you, and other information that we obtain from your use of the services, to resolve disputes, troubleshoot problems and enforce our customer agreements.
We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. Additional Information
Questions regarding this Statement or the practices of this Site should be directed to the NEM Security Administrator by e-mailing such questions to info@newenglandmarketing.com.
TERMS & CONDITIONS
By placing my order today I am authorizing New England Marketing N.A.,L.P. to bill my credit card each month. By doing so I understand I am enrolling in a monthly auto-ship program. New England Marketing N.A.,L.P. will immediately process my order and I will start receiving leads within 72 hours. Every month my subscription will be renewed (on my original billing day or date) and my credit card will be billed to ensure I continue to receive a fresh supply of leads every month.
To upgrade or cancel my subscription I will follow these instructions: I understand if I wish to cancel my monthly auto-ship I must provide NEM at least 24-hours notice prior to my billing date by logging into my account, and then going to my Auto-Ship Manager. Otherwise I understand all orders processed and delivered are not eligible for a refund.
By purchasing Leads from New England Marketing North America, L.P., ("NEM"), a Massachusetts limited partnership maintaining its principal offices at 1115 West Chestnut Street, Suite #206, Brockton, MA and as a material inducement to cause NEM to agree to sell me Leads, I hereby agrees to be bound by the following terms and conditions.
1. PAYMENT TERMS.
I hereby agree to remit payment in full for each order placed for Leads with NEM via check-by-fax, credit card, or wire transfer. If I am paying by credit card, then this shall serve to confirm that I am the holder of the credit card provided to NEM, or have been authorized by the holder of said card, to use it to pay for the Leads and related charges as per these terms and conditions. I hereby authorize NEM to bill my credit card for all charges due. It is agreed that in the event that my business with NEM is conducted by telephone or fax, it will not be necessary for the credit card to be present for any legitimate charges to be valid. It is further agreed that this authorization is negotiated in Brockton, Massachusetts. 2. REPRESENTATIONS AND WARRANTIES.
I hereby represent and warrant as follows:
a. That I have the full right and authority to agree to these terms and conditions and to perform all the obligations hereunder; that the execution and performance of these terms and conditions will not breach any agreement with any third party; and that the provisions set forth herein are binding upon and enforceable against me except as may be limited by applicable bankruptcy laws and other laws affecting creditors rights.
b. That I will not engage in any deceptive or unlawful trade practice; that I will not violate any state or federal law regulating commercial electronic mail, including, but not limited to, the CAN-SPAM Act of 2003 and laws that regulate sales to minors; that I will not cause any electronic email to be distributed to any person that has not previously "opted-in" and/or consented to receive such messages and/or information; that I will use accurate email headers and subject lines; that I will include my legal name and a physical mailing address in all email directed to Leads; that (if required by law) I will use the term "ADVERTISEMENT" or "ADV" in subject headings; that I will include a conspicuously located mechanism in emails directed to Leads allowing them to "opt-out"; that I will comply with all "opt-out" requests received; that I will maintain accurate records concerning all communications with Leads; that I will not advertise or solicit the purchase of pornography to the Leads; and that I will strictly comply with the Federal Trade Commission's and Federal Communications Commission's Telemarketing Sales Rules (aka "National Do Not Call Registry").
c. That I will comply with the EC Directive on Privacy and Electronic Communications as adopted by each EU member state, to the extent applicable to the my use of the Leads.
d. That I will not resell or otherwise transfer to any third parties any of the Leads without first obtaining NEM's consent.
3. DISCLAIMER.
I acknowledge and agree as follows: that NEM does not guarantee that the Leads I have acquired from them will generate revenue to me or any third party; that NEM does not guarantee that the Leads provided can be contacted by me or that the Leads provided are not otherwise available from another source separate from NEM; that NEM makes no representation whatsoever regarding the suitability, creditworthiness, viability, or legitimacy of the Leads; that NEM exercises no control over and accepts no responsibility for the acts and/or omissions of the Leads; that NEM has not compared the Leads against the Federal Do Not Call Registry and makes no representation regarding whether the use by Company of the Leads is authorized pursuant to the Federal Trade Commission's and Federal Communications Commission's Telemarketing Sales Rules (aka "National Do Not Call Registry"). I hereby acknowledge that the Leads are provided on an "as is, as available" basis.
I further acknowledge and agree that NEM MAKES NO EXPRESS OR IMPLIED WARRANTY, TO THE EXTENT PERMISSIBLE BY LAW, OTHER THAN THE WARRANTIES EXPRESSED IN THIS AGREEMENT, IF ANY, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. REMEDIES.
I acknowledge and agree that NEM's sole obligation, and my sole and exclusive remedy, is for NEM to provide a credit to me in an amount equal to the amount actually paid to NEM for the corresponding Lead(s). Credit is available only for leads that fail to conform to the express terms set forth herein. To obtain a credit, I must notify NEM within 72 hours of my receipt of the corresponding Lead. A credit is available only if NEM is able to verify that the lead does not conform to the express terms herein. I shall not be entitled to any credit if I fail to comply with applicable laws, violate any of the representations and warranties set forth in paragraph 2 above, and/or failure to provide timely, written notice. I acknowledge that in no circumstances am I entitled to a refund.
5. INDEMNITY.
I hereto agree to indemnify, defend and hold NEM harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys' fees and related costs, which (1) arise solely or in part from my act(s) and/or omission(s); or (2) arise from or are related to a breach by me of any express warranty or representation contained herein.
6. GOVERNING LAW; SEVERABILITY.
These terms and conditions, and my purchase of Leads from NEM are governed by the laws of the State of Massachusetts without giving effect to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms and conditions. Section headings are for convenience only and will not be considered part of these terms and conditions. If any portion of these terms and conditions are ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.
7. ASSIGNMENT.
I may not assign these terms and conditions to any third party without NEM's express written consent.
8. ENTIRE AGREEMENT.
These terms and conditions, together with the specific details concerning the number of Leads and the price I am to pay for them, shall constitute the entire agreement and understanding between me and NEM with respect to the subject matter hereof and supersedes any prior representations, agreements, and/or understandings between the parties on these subjects. Any different or additional terms in any documents furnished by me are specifically objected to and will not become part of my agreement with NEM. My agreement with NEM may be amended or superseded only by a written instrument executed by me and NEM.
By signing this agreement and/or (if applicable) clicking the "I Agree" button, I do hereby agree to be bound by these terms and conditions.
New England Marketing enforces a 'Zero Tolerance' policy regarding unsolicited commercial e-mail (also known as 'spam'). We take all commercially reasonable efforts to ensure that we and/or our customers are completely compliant with all applicable Spam-related legislation. This includes the CAN-SPAM Act of 2003, as well as (if and/or when applicable) the EC Directive on Privacy and Electronic Communication as adopted by individual EU Member States
To implement our Zero Tolerance Policy regarding unsolicited commercial e-mail, we contractually require that all our customers comply with all applicable Spam-related laws and adhere to the following requirements when sending e-mail to leads acquired from us:
Message Content. We require our customers to use accurate e-mail headers, from lines and subject lines.
Name and Mailing Address. We require our customers to include a legal name and a physical mailing address in the emails they send to the leads they have acquired from us.
Message Labels. To the extent required by law, we require our customers to clearly and conspicuously label advertisements in the subject line.
Opting Out. We require our customers to include a conspicuously-located, cost-free mechanism by which recipients can "out-out" of receiving any further commercial email. We also require that our customers honor all opt-out requests.
Don't Hide. We require our customers to send e-mail only from e-mail accounts that have been registered using accurate registration information. E-mail headers must contain valid IP addresses and domain names..
Records. We require our customers to keep records that help prove compliance. This way, we will have an easier chance of investigating and resolving complaints we receive.
Pornography. We expressly forbid our customers to use the leads they purchase from us to advertise or solicit the purchase of pornography.
We vigorously enforce our Zero Tolerance Spam Policy and thereby take seriously all complaints we receive regarding any purported violation of applicable laws. In this regard, we vigorously investigate all legitimate complaints and take whatever steps we believe may be justified, which may include terminating our relationship with a customer.
If you believe that you have received e-mail that violates our Zero Tolerance Spam Policy and/or any applicable law, please contact our Spam Compliance Officer at SpamComplianceOfficer@NewEnglandMarketing.com. Upon our receipt of your complaint, we will initiate an investigation and take whatever remedial action we believe is appropriate to minimize the dissemination of unwanted and unsolicited commercial electronic mail to our leads.
Because we know that some people believe telemarketers to be nothing more than a horrible intrusion and annoyance, we here at New England Marketing require all of our customers to strictly comply with the Federal Trade Commission's and Federal Communications Commission's Telemarketing Sales Rules (aka "National Do Not Call Registry"). We accomplish this by including a provision in the contracts we use with our customers that expressly obligates our customers to comply with the National Do Not Call Registry. Failure by our customers to comply with the National Do Not Call Registry may cause us to immediately terminate our business relationship with them.
We respect your requests to not be contacted at home and expect our customers to do the same. For this reason, if you believe that any of our customers have violated the National Do Not Call Registry, please contact us.
For more information on the National Do Not Call Registry, including recent amendments to the regulation and information on how to file a complaint for alleged violations, go to www.ftc.gov
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