Introduction

These Publisher Email Guidelines (“Guidelines”) set forth certain publisher responsibilities for sending commercial email when using any ReachMobi product or service offering. ReachMobi publishers must adhere to (a) all applicable laws, rules, and regulations, including without limitation, those relating to email advertising, the CAN-SPAM Act of 2003, 15 U.S.C. § 7701 et. seq. and all similar state laws and regulations, and (b) their contractual obligations with ReachMobi. Failure to do so, or to comply with these Guidelines, could lead to suspension, withholding of publisher payment, fines, or termination of your publisher agreement with ReachMobi. If there is any conflict between the terms of these Guidelines and your publisher agreement with ReachMobi, the terms of your publisher agreement shall govern and control to the extent of the conflict.

Publisher Email Guidelines

These Publisher Email Guidelines (“Guidelines”) set forth certain publisher responsibilities for sending commercial email when using any ReachMobi product or service offering. ReachMobi publishers must adhere to (a) all applicable laws, rules, and regulations, including without limitation, those relating to email advertising, the CAN-SPAM Act of 2003, 15 U.S.C. § 7701 et. seq. and all similar state laws and regulations, and (b) their contractual obligations with ReachMobi. Failure to do so, or to comply with these Guidelines, could lead to suspension, withholding of publisher payment, fines, or termination of your publisher agreement with ReachMobi. If there is any conflict between the terms of these Guidelines and your publisher agreement with ReachMobi, the terms of your publisher agreement shall govern and control to the extent of the conflict.

1. General Email Requirements

  1. Privately registered sending domains are not permitted (e.g., you must not use WHOIS Guard or a similar technology to mask the identity of the sender of the email). You must provide recipients with your valid physical postal address that corresponds with the address utilized in your sending domain registration (which can be determined by performing a WHOIS look-up). Your WHOIS registration information must contain a valid name and physical address. If a PO Box is used the registrant name must match the PO Box owner’s name.
  2. All email header information must not be false or misleading. In the “From Line” of all emails, you must always identify yourself as the sender (either your company name or a registered DBA). Your “From,” “To,” “Reply-To,” and routing information (which includes the origination domain name and email address) must be accurate.
  3. Subject lines and “friendly from” lines must be included exactly as provided, or approved in advance, by ReachMobi.
  4. Ensure that your company name corresponds with your registered business name and the name to which your domains are registered.
  5. If you are using a registered DBA, you must notify your account manager so that ReachMobi has a record. The DBA must correspond with the address your business is registered and your domains are registered.
  6. The footer must be clearly visible and displayed in every email message, must be in plain text format, and must contain your company’s name and a link to your company’s website.

2. Opt-out request requirements

  1. Opt-out requests must be honored within ten business days.
    1. Best practice: Opt-outs should be honored as quickly as possible (within 48 hours).
  2. An opt-out link must be clearly visible and operable in every email message.
  3. You must list a return email address or other Internet-based method to allow recipients to contact you and to communicate their email messaging preferences.
  4. Make sure your own SPAM or message filters do not block opt-out requests from reaching you.
  5. Design the opt-out request to be easily recognized, read, and understood. You can include a preferences link for recipients to change options regarding frequency of messages or opting out of particular types of messages. However, the option to stop all messages must always be included.
  6. Do not add additional steps to the process (e.g. type in email address) and do not send an email to confirm the opt-out as this can be seen as sending additional commercial email.
  7. The opt-out link in each email must remain active for a minimum of thirty days after you send an email.
  8. You must not charge a fee, require the use of a CAPTCHA, or require any personally identifying information beyond an email address from the recipient for the recipient to opt-out.
    1. You must not require the recipient to do anything more than sending an opt-out email reply to you or visiting a single internet website page featuring an opt-out request mechanism.
    2. You must not sell or transfer the email addresses of anyone who has opted out from your email list except for compliance purposes or as otherwise permitted by law.
    3. Do not send an email to confirm the opt-out as this can be seen as sending additional emails.
    4. Do not request an email address to be typed in to opt-out.

3. Other Requirements

  1. Maintain opt-in records for at least three years, in the event of a later investigation or lawsuit.
  2. At least once every seven days, apply against your database the user and domain suppression list provided by ReachMobi through the publisher platform or otherwise.
  3. If you are contacted by your account manager or a member of the ReachMobi Compliance Department, you must respond promptly to acknowledge the receipt of the email and confirm the steps you are taking to resolve any issue.

Version: 8Jun17