Negative Option Compliance
CPA Fuel Marketing LLC, in an effort to stay ahead of the curve and ensure that our top quality offers will continue to be solid performers for our trusted publishers has set new compliance standards for all negative option offers.
- The disclosure of negative option must be clearly and conspicuously disclosed. The terms must be appended adjacent to the call to action button in 12 point font. Verbiage must include the dollar amount and time of future charges. And provide contact info both email and toll free number to cancel the program.
- Up sells that recur are prohibited. One time up sells are allowed providing that the price point is clearly disclosed and the consumer affirms and is aware of the transaction.
- The use of a false sense of urgency is prohibited unless the customer's ability to order is genuinely taken away. Pages may not display count down clocks or text that expresses the offer will expire in a short period of time.
- Images of celebrities are prohibited from use without express written consent of the entity being published.
- By law all product claims must be truthful and not misleading. Claims made must be substantiated for all products.
- Must have a dedicated staff or out-sourced referral staff to resolve any consumer questions, complaints, refunds or cancellation. This service must not have more than a ten minute hold or wait time for the consumer.
- Prominently display a link informing consumers of their right to refund or cancellation. In such policy specify the procedure of how to obtain a refund and how to cancel. All refunds and cancellations must be fulfilled within 7 days of the consumer’s initial request.
Email Marketing Compliance
- Publishers must use html/text creatives, from/subject lines provided by CPA FUEL.
- Suppression list must be downloaded and scrubbed against publisher’s mailing list prior to each email deployment.
- Before making any changes to creatives or from/subject lines publishers must first obtain written approval by a CPA FUEL representative before email deployment.
- Publisher must provide unsubscribe link and physical address in addition to advertiser’s unsubscribe information that is provided with each creative.
- All emails must be compliant with the CAN-SPAM ACT 2003
- Under no circumstances can suppression lists be harvested as a list to send commercial emails to.
- Publishers must mask all redirects and host all images.
- Publishers must carry full opt-in records for all addresses on their mailing list.
- You shall disclose all Internet Protocol ("IP") addresses with which You conduct any and all transactions, business and/or operations as a part of Your Publisher relationship with CPAFUEL.
- You shall distribute such e-mails and/or e-mail-based Creative only to those recipients who have expressly agreed via "Confirmed Opt-in" or "Verified Opt-in" ("Opt-In") to receive such transmissions from You. If requested, You shall explain and provide examples of the mechanisms that You use (historically and currently) to obtain and build Your list of subscribers.
- You shall only distribute Publisher E-mails and/or e-mail-based Creative that include a valid sender domain name and/or responsive IP address. You shall only distribute Publisher E-mails and/or e-mail-based Creative, as applicable, from a valid sender domain name and/or responsive IP address.
- You shall only distribute Publisher E-mails and/or e-mail-based Creative that clearly indicate the e-mail address to which the Publisher E-mail and/or e-mail-based Creative, as applicable, is sent (the intended recipient's email address) in the body of the message or in the "TO:" line of the applicable email message.
- You represent and warrant that Your Publisher E-mail and/or e-mail based Creative, as applicable, will not contain objectionable content (including, but not limited to, content that is misleading, libelous, defamatory, obscene, offensive, violent, bigoted, hate-oriented, illegal and/or that promotes illegal goods, services and/or activities).
- You shall only distribute Publisher E-mails and/or e-mail-based Creative that include valid and responsive contact information of the sender, list manager and/or list owner. This contact information shall include Your valid physical postal address (provided that a post office box is not considered a valid physical mailing address) and, optionally, Your phone number. Company reserves the right to add such address(es) should Publisher fail to include same, but Company is in no way responsible for including such address(es) where Publisher fails to do so. You must not use any invalid or erroneous e-mail header information (including, without limitation, source, destination, domain, IP address and/or routing information).
- Each Publisher E-mail and/or e-mail-based Creative that You send must include a functioning unsubscribe link, through use of which e-mail recipients may request not to receive future commercial e-mail messages from Publisher with respect to any Program, or other e-mail contact generally. Such unsubscribe link must remain active and capable of receiving opt-out requests for no less then thirty (30) days after transmission of the underlying e-mail message.
- You shall process any and all unsubscribe requests within five (5) business days or less from the date of Your receipt of such requests. In addition, You shall maintain electronic and/or tangible records evidencing the removal of such e-mail address(es) from Your lists, together with any and all deleted e-mail address(es) provided to you by Company, for verification by Company as required.
- Where any recipient of Your Publisher E-mails and/or e-mail-based Creative requests and/or inquires with You regarding the location where such consumer Opted-In to receive e-mail marketing from You, You must respond to such request and/or inquiry within seventy-two (72) hours of receipt of same. Your response to such inquiries must include, at a minimum, the date, time, originating IP address, URL and the location where the applicable e-mail address or other consumer information was submitted.
- You shall only distribute Publisher E-mail and/or e-mail-based Creative that include language in the body of the Publisher E-mail and/or e-mail-based Creative, as applicable, that clearly and conspicuously identifies that the message is an advertisement or solicitation.
- Your promotion of Programs via Publisher E-mail and/or e-mail-based Creative must not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; and, must not result in any consumer fraud, product liability or breach of contract to which You are a party or cause injury to any third party.