We are frequently asked about member get member / refer a friend campaigns - are they still legal? What do you have to include to be compliant?

An example we recently noted of a viral slip up came from French Connection. An email arrived in my inbox from online@frenchconnection.com.au and I thought I had probably signed up to their communications some time ago but they had only just added me to their mailout list. However, it turned out that a colleague had sent it to me from a viral campaign they had received. A few fundamental rules were broken here, as the email should have been sent to me with my colleagues name and email address in the envelope details, as well as the ‘reply to’ information, instead of directly from the brand itself.

If you want to learn the fundamentals then read on...

The basics: marketer sends a marketing communication to its existing contacts and requests or provides incentives for existing contacts to forward the marketing communication through the marketers forwarding facility to end recipients (friends, relatives or colleagues of the existing contact) that may be interested in the product, service or promotion.


It sounds easy but further conditions apply...

1. The marketer must make a clear recommendation to the existing contact that the electronic marketing message should only be forwarded to friends, family, colleagues and other individuals with whom they have a relationship.
2. The existing contact must be made aware, prior to forwarding the electronic marketing message to the end recipient, of any additional commercial content that will be automatically generated by the forwarding facility and included in the message sent to the end recipient. This includes commercial content such as banners, strap lines or sponsorship messages and images.
3. On receipt of the forwarded marketing communication it must be clear to the end recipient that the message has been sent by the existing contact (NOT the company). This is where French Connection slipped up.
4. The forwarded marketing communication must contain information that allows the end recipient to easily contact the existing contact.
5. Where, on receipt of the forwarded marketing communication, the end recipient hits ‘reply’, the automatically generated reply email address or mobile number must relate to the existing contact NOT the company.
6. The electronic marketing message received by the end recipient must include a functional unsubscribe facility that allows the end recipient to opt-out of receiving further commercial communications from the existing contact. The facility provided does not need to be automated.
7. The marketer must not use the forwarding facility to surreptitiously collect any data or contact details relating to the end recipient until such times as the recipient personally provides such information.

If you need more information on how to actually implement these conditions effectively then please do contact us for a more detailed discussion.


References:
ADMA guide to viral marketing

We’d all love it if 100% of subscribers interacted with our emails at least some of the time, but the reality is the people that are contributing to your open and click through rates are largely the same for each eDM.  Which means that about 40-70% of your list are to some degree non-responders.

So, how should communications to this group vary from messages you send to your responsive subscribers?   Here we look at how to form a successful win-back campaign, including tips on some subtle changes you can make to your approach, as well as messages specifically designed to gain an action from an inactive subscriber.

1. Change the tone of your messaging
   
   If a subscriber is not interacting with your brand then sending them the same style messaging as a responsive customer will not help matters.  The same ‘buy, buy, buy’ approach is likely to put them off further; instead entice them back in with a softer sell, a more benefits focused, value-add approach.


2. Reduce the frequency
   
   High frequency messaging is often one of the reasons subscribers become un-engaged, therefore reducing the frequency of contact is a good strategy for audiences that have become non-responsive.
   
   A recent study run by ReturnPath looked at how various retailers dealt with a subscriber that had, bought a product, continued to have an active email address but did not once open or click on an email for the 19 months that followed.  They found that most companies ignored recency of action altogether; continuing at the same level, fluctuating frequency or actually increasing touch points with the subscriber.  However some companies did take notice decreasing the frequency of messaging over time.


3. Try to learn more about them
   
   Showing a bit of honesty can work wonders; state that you have noticed that the existing communications are not hitting the spot and ask them to provide more information about what would interest them in order to add more value to future communications.


4. Win-back messages
   
   Present them with a unique offer, try to tailor the offer to individuals with any information you may have about them - preferences, previous purchases etc.  Or failing that, keep the offer open so that it would appeal to all.
   
   Including a time limit is often a good strategy as it develops a sense of urgency that can increase your response rate.  An effective subject line is a key ingredient to the success of these eDMs, as one of the hardest aspects is gaining cut through and enticing them into opening your email.
   
   Send a series of messages, dropping subscribers out as they respond.  Vary the messaging in terms of the offer, the creative, the subject line and time of send.


5. Give them options but don’t be afraid of asking them to unsubscribe
   
   If there are still no improvements in response after implementing some or all of the above strategies then do not be afraid to ask them to unsubscribe, or inform them that they will be unsubscribed on a certain date if no response is provided.  With ISPs now looking at engagement as one of the metrics contributing to spam categorisation it is important that you are not sending to a large number of non responsive subscribers.  Give them the option to choose their content preferences, change their frequency or to simply leave the list.
   
   In the same study ReturnPath found that some companies choose to just stop sending emails to non-responders after a certain period of time, without any notification.  This is not recommended; you should always inform subscribers if you are going to make the decision to end the dialogue completely.

References:

Return Path - The One-Way Conversation: Email Marketing to the Non-Responsive Subscriber (2010)