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California Opt-In Text and Email Message - Marketing Consultant Service Agreement

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Multi-State
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US-01833BG
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Description

An opt-in email and text message marketing program can be an effective way to stay in touch with existing customers, as well as prospects. Text messages and emails offer a compelling form of one-to-one communication with customers. Email and text message marketing can lead to improved customer loyalty, greater awareness of your offerings, and increased repeat business or new customer referrals.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The California Opt-In Text and Email Message — Marketing Consultant Service Agreement is a legally binding contract that outlines the terms and conditions between a marketing consultant and a client in California. This agreement specifically pertains to the use of text messages and emails for marketing purposes, ensuring compliance with California state laws and regulations. This service agreement typically includes key provisions such as the scope of services, obligations of both parties, payment terms, intellectual property rights, confidentiality, termination clauses, and dispute resolution procedures. It serves as a crucial document that protects the rights and interests of both the marketing consultant and the client, while providing a clear understanding of the agreed-upon services and responsibilities. Some different types of California Opt-In Text and Email Message — Marketing Consultant Service Agreements may include: 1. Standard Opt-In Text and Email Message Agreement: This is the most common type of agreement, which outlines the general terms and conditions for using text messages and emails for marketing purposes. It ensures compliance with California laws and regulations, including obtaining proper consent from recipients and providing opt-out options. 2. Mobile Marketing Campaign Service Agreement: This agreement is specific to mobile marketing campaigns that involve the use of text messages and opt-in email messages. It may include additional provisions related to mobile advertising, mobile keyword campaigns, short codes, and mobile deliverability best practices. 3. Email Marketing Campaign Service Agreement: This type of agreement is geared towards email marketing campaigns, focusing solely on the use of opt-in email messages. It may emphasize email deliverability, subscriber list management, email content regulations, and compliance with the California Consumer Privacy Act (CCPA) and the CAN-SPAM Act. 4. Comprehensive Marketing Services Agreement: This agreement encompasses a broader range of marketing services beyond just text messages and emails. It may include provisions related to social media marketing, content creation, search engine optimization (SEO), paid advertising, and other marketing strategies. Within this comprehensive agreement, specific clauses address the use of text messages and email messages for marketing purposes, ensuring compliance with California laws. In summary, the California Opt-In Text and Email Message — Marketing Consultant Service Agreement is a vital legal document that establishes the terms of engagement between a marketing consultant and a client in California. It ensures compliance with state laws surrounding text messages and email marketing, while protecting the rights and responsibilities of both parties involved in the agreement.

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FAQ

Regarding email marketing, the guidelines for gaining consent from a new contact are more stringent than in the U.S. and require clear affirmative action from the individual. That is, unlike the U.S., you must use opt-in.

Opt-in email is a Web marketing term for email that recipients have previously requested by signing up at a Web site or special ad banner. Typically, Web users are invited to sign up for promotional information about one or more categories of products or services.

While it is not a legal requirement in the US, some Marketing Automation Tools (MAT) and Email Service Providers (ESP) require users to only send to recipients who have opted in for email communication from you.

From a legal standpoint, you can send non-opt-in email marketing in the USA. Contrary to popular belief, the US CAN-SPAM act says nothing about opt-in email marketing. From a legal standpoint, as long as you have an opt-out link in your email, it's 100% compliant with the CAN-SPAM act of 2003.

Definition of opt out intransitive verb. : to choose not to participate in something often used with of opted out of the project.

In the U.S., opt-ins are required for SMS marketing but not email marketing. SMS marketing requires express written consent. Thanks to the E-SIGN Act, written consent can apply to a website form submission, text message, point of sale, or other electronic transaction -- but it must contain the proper verbiage.

How to Build an Opt-in Email ListAttract prospects with valuable content.Ask people to subscribe.Offer gated content.Become a thought leader.Use your other email lists.Suggest customers subscribe during checkout.

Opt-out means an action of users refusing/withdrawing consent in response to a particular event or process. Not choosing to subscribe to newsletters, unticking a previously ticked checkbox, not consenting to save personal details, rejecting the use of cookies, etc. are some examples of opt-out.

Implied and explicit forms of consent Explicit consent is given when you ask an individual for permission to send them marketing emails and they agree. The recipient has to manually opt-in to receive your emails through written consent, clicking a checkbox on your form, or by confirming through double opt-in.

The term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This option is usually associated with direct marketing campaigns such as e-mail marketing or direct mail. A list of those who have opted out is called a Robinson list.

More info

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California Opt-In Text and Email Message - Marketing Consultant Service Agreement