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?

Related Posts

Who pays for spam?

A couple weeks ago, I published a blog post about monetizing the complaint stream. The premise was that ESPs could offer lower base rates for sending if the customer agreed to pay per complaint. The idea came to me while talking with a deliverability expert at a major ESP. One of their potential customer wanted the ESP to allow them to mail purchased lists. The customer even offered to indemnify the ESP and assume all legal risk for mailing purchased lists.
While on the surface this may seem like a generous offer, there aren’t many legal liabilities associated with sending email. Follow a few basic rules that most of us learn in Kindergarten (say your name, stop poking when asked, don’t lie) and there’s no chance you’ll be legally liable for your actions.
Legal liability is not really the concern for most ESPs. The bigger issues for ESPs including overall sending reputation and cost associated with resolving a block. The idea behind monetizing the complaint stream was making the customer bear some of the risk for bad sends. ESP customers do a lot of bad things, up to and including spamming, without having any financial consequences for the behavior. By sharing  in the non-legal consequences of spamming, the customer may feel some of the effect of their bad decisions.
Right now, ESPs really protect customers from consequences. The ESP pays for the compliance team. The ESP handles negotiations with ISPs and filtering companies. The cost of this is partially built into the sending pricing, but if there is a big problem, the ESP ends up shouldering the bulk of the resolution costs. In some cases, the ESP even loses revenue as they disconnect the sender.
ESPs hide the cost of bad decisions from customers and do not incentivize customers to make good decisions. Maybe if they started making customers shoulder some of the financial liability for spamming there’d be less spamming.

Read More

March 2016: The Month In Email

Happy April! I’m just back from the EEC conference in New Orleans, which was terrific. I wrote a quick post about a great session on content marketing, and I’ll have more to add about the rest of the conference over the next week or so. Stay tuned!
March2016_blog
Here’s a look at what caught our attention in March:
On the DMARC front, we noted that both Yahoo and mail.ru are moving forward with p=reject, and Steve offered some advice for ESPs and software developers on methods for handling this gracefully. I also answered an Ask Laura question about making the decision to publish DMARC. Look for more on that in this month’s Ask Laura questions…
Our other Ask Laura question this month was about changing ESPs, which senders do for many reasons. It’s useful to know that there will generally be some shifts in deliverability with any move. Different ESPs measure engagement in different ways, and other issues may arise in the transition, so it’s good to be aware of these if you’re contemplating a change.
In industry news, I wrote a sort of meta-post about how the Internet is hard (related: where do you stand on the great Internet vs. internet debate? Comment below!) and we saw several examples of that this month, including a privacy debacle at Florida State University. Marketing is hard, too. I revisited an old post about a fraud case where a woman sued Toyota over an email marketing “prank”. As always, my best practices recommendation for these sorts of things (and everything else!) really boils down to one thing: send wanted email.
Steve wrote extensively about SPF this month in two must-read posts, where he explained the SPF rule of ten and how to optimize your SPF records. He also wrote about Mutt, the much-loved command line email client, and marked the passing of industry pioneer Ray Tomlinson, who, in addition to his many accomplishments, was by all accounts a very thoughtful and generous man.
Finally, I occasionally like to take a moment and follow the twisty paths that lead to my spam folder. Here’s a look at how Ugg spams my email doppelganger, MRS LAURA CORBISHLEY. In other spam news, there’s a lot of very interesting data in the recent 10 Worst list from Spamhaus. Take a look if you haven’t seen it yet.

Read More

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.

Read More