Member get member – what you need to know!

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