Arguing against the anti-spam policy

Not long ago I was talking with a colleague who works for an ESP.  She was telling me about this new client who is in the process of negotiating a contract. Normally she doesn’t get involved in negotiations, but the sales group brought her. It seems this new client is attempting to remove all mention of the anti-spam policy from the contract. As she is the deliverability and compliance person, the sales people won’t agree unless compliance does.
Her sales team needs props for bringing her in to negotiate a contract where the anti-spam clause is removed.
This isn’t that unusual situation. Many well managed ESPs will include deliverability and compliance personnel in negotiations if the customer indicates they want changes to the language of the anti spam clause.
On the face of thing it seems reasonable for customers to want to negotiate compliance terms. They want to protect themselves from unexpected outages. It seems irresponsible to allow a service provider to have the ability to made such a business affecting decision.
Many folks try to negotiate their way out of anti-spam clauses. Just asking for changes isn’t a big deal. However, some companies push the issue with sales and contract folks to an extreme. They threaten to not sign if the anti-spam clauses are removed completely. ContractForBlog
Threatening a contract over compliance issues can poison an entire working relationship. The fact is that most people who argue about anti-spam clauses and compliance issues are people who have had problems with other ESPs in the past. For better or worse, prospects that try and remove anti-spam clauses from contracts are often problem customers.
On the compliance side, if someone is pushing hard to get the spam clause removed, they think a few different things:

  1. This client has had trouble with other ESPs in the past and possibly been disconnected.
  2. This client thinks they’ll violate our policy and don’t want to be subject to those rules.
  3. This client thinks deliverability is all about the ESP.
  4. This client doesn’t follow even the bare minimum of best practices.
  5. This is going to be a high maintenance customer.

I understand the concern about service interruptions. I understand that email is a critical part of many businesses. But asking for the anti-spam portion of the contract to be struck isn’t going to guarantee your mail will always get through.
Instead of asking for exemptions to the anti-spam policy, you can express concerns about service interruptions and ask to work with compliance to limit the chances of surprise disconnections.
You can, of course, always ask. But beware of any ESP that agrees. What other customers got exceptions? How bad is the ESP reputation?

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Clarification on monetizing complaints

There has been quite an interesting discussion in the comment stream of my earlier post about monetizing the complaint stream. I’ve found all the perspectives and comments quite interesting.
There is one thing multiple people have brought up that I don’t necessarily see as a problem. They assert that this idea will only work if all ESPs do it because customers can just say, “Well, Other ESP will let us do this and not charge us.”  I don’t quite understand why this is an issue. Customers already do this.  In fact, sometimes the assertion is actually true.
There are ESPs that let customers spam. There will always be ESPs that let customers spam. This is not new. Changing a pricing model isn’t going to change this.
As I was envisioning the monetization process, ESPs who wanted to do this could actually offer multiple tier pricing. The customer can choose a lower price point for their overall mail program, while assuming the cost of their recipients complaining. Or the customer can choose a higher price point and let the ESP absorb the cost of handling complaints. In either case, the customer would still have to meet the ESP’s standards for complaints and comply with their TOS.
Clearly I’m seeing the idea and industry differently than a lot of my readers. I’m interested to hear the thought process behind this so I can better understand the objection.
 
 
 

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February 2016: The Month in Email

Happy March! Here’s a look back at our last month of email adventures.
Feb2016forBlogIt was a busy few weeks for us with the M3AAWG meeting in San Francisco. We saw lots of old friends and met many new people — all in all, a success, despite the M3AAWG plague we both contracted. Hot topics at the conference included DMARC, of course, and I took the opportunity to write up a guide to help you determine if you should publish a DMARC policy.
On the subject of advice and guidance, Ask Laura continues to be a popular column — we’ve had lots of interesting questions, and are always looking for more general questions about email delivery. We can’t tackle specifics about your program in this column (get in touch if we can help you with that directly) but we can help with questions like “Will our ESP kick us off for mailing purchasers?” or “Help! I’m confused about authentication.”
Continuing on the authentication front, I noted that Gmail is starting to roll out some UI to indicate authentication status to users. It will be interesting to see if that starts to affect user (or sender) behavior in any way. In other interesting industry news, Microsoft has implemented an Office 365 IP Delisting page. I also wrote a followup post to my 2015 overview of the state of ESPs and purchased lists — it’s worth checking out if this is something your business considers.
I wrote a post about security and backdoors, prompted by both the FBI/Apple controversy and by Kim Zetter’s talk at M3AAWG about Stuxnet. These questions about control and access will only get more complicated as we produce, consume, store, and share more data across more devices.
Speaking of predictions, I also noted my contribution to a great whitepaper from Litmus that explores the state of Email Marketing in 2020.
As always, we looked at some best practices this month. I wrote up some of my thoughts about data hygiene following Mailchimp’s blog post about the value of inactive subscribers. As always, there isn’t one right answer, but there’s a lot of good food for thought. And more food for thought: how best practices are a lot like public health recommendations. As with everything, it comes down to knowing your audience(s) and looking at the relationship(s), which, as you know, is a favorite subject around here.

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About the Hillary Clinton email server thing…

I was going to say something about the issue with Hillary Clinton using an email server provided by her own staff for some of her email traffic, rather than one provided by her employer, but @LaneWinree already wrote pretty much what I’d have written, just better than I would have done.

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