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Published every Thursday, Digital Moses Confidential is a content-driven newsletter serving the online marketing industry. Please direct questions or comments to editor@digitalmoses.com To Advertise with us contact editor@digitalmoses.com |
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Digital Thoughts: Pardon Me, Ma’am and Sir: The Netiquette Gray Area of Online Marketing
Virginia Shea’s intriguing work Netiquette, published in 1994, seemed to be completely ahead of its time. True, there were some of us already using the internet for chat boards and rustic email. However, the issues raised in the book are still relevant ten years later. That’s an amazing feat considering the work is dealing with both social graces and the internet which are two facets of life that seem to be completely changing every year. The definition Shea begins with is fairly straightforward: “What is Netiquette? Simply stated, it's network etiquette -- that is, the etiquette of cyberspace. And "etiquette" means "the forms required by good breeding or prescribed by authority to be required in social or official life." In other words, Netiquette is a set of rules for behaving properly online.” Applying Shea’s thesis of a set of standard and correct behaviors for online activity is quite interesting. With the advent of the post-CANSPAM market, this application has even more merit. Legal scholars often talk of the “spirit” of the law and the “letter” of the law. In this context, spirit of the law pertains to what is being implied by a law code but not necessarily written down. Letter of the law, of course, has to do with the exact written intention of the law and what it literally says. Both the spirit and letter of the law are determined somewhat by interpretation. However, CANSPAM does have some gray area included in which the spirit of the law fills the silent vacuum. Interpretation is quite important in this context. For instance, CANSPAM addresses harvesting, dictionary attackes, using misleading header information, inclusion of identity from publishers and advertisers, and the responsibility of advertisers in the use of commercial mail. However, there is a loud absence concerning the practical definitions of some of the terms, and even an absence of language dictating that it is heretofore illegal to send unsolicited commercial email. The EU (European Union) version of anti-spam legislature virtually made sending unsolicited mail illegal and threatens jail time. There, the letter of the law is much more heavy handed, whereas the US’ CANSPAM legislation seems to law down the law on issues commonly held to be less-than-honest, but doesn’t go so far as to completely define the playing field and address all issues in stark black and white language. Rather, there exists a gray area between the spirit of the law and the letter of the law. CANSPAM addresses the “non-solicited” commercial email in Section 2a:
After that, CANSPAM directs more of its energy towards “these messages are fraudulent or deceptive in one or more respects.” It’s an interesting move, considering the harsh rhetoric from the public, the EU law and the various state laws (especially the toothy California law). So, what are we to make of this gray area? This is where we return to Virginia Shea and the topic of netiquette. It provides a useful schema that allows for success and profit from online marketing in the post-CANSPAM world, while allowing for the indisputable fact that the consumer is king. Shea lays out the topic of netiquette in a neat series of rules ranging from “remember the humanity of others” to “make yourself look good online” to (timely for online marketers’) “respect others’ privacy online.” Certainly, there are some parts of Shea’s book that are completely outdated considering the constant mutation, maturation and changes occurring in cyberspace relationships. But in the context of CANSPAM’s gray area concerning sending unsolicited mail, netiquette is left to pick up the slack and hold the position as a valuable tool of interpretation. Both netiquette and the spirit of the CANSPAM law point to the primacy of the consumer in the advertiser-marketer-consumer matrix. If the consumer doesn’t want to receive mailings or information from a certain advertiser, they have the power to do so. The power of the relationship has shifted to the consumers, and it will be interesting to see how online marketers continue to use ideas such as netiquette and the spirit of the CANSPAM law in their campaigns. Netiquette
is Text copyright 1994 Virginia Shea. Sam Harrelson is co-editor of the Digital Moses Confidential. Please send any comments or questions to sam@digitalmoses.com |
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Low Rate Finders Exclusive! PAYOUT: $7.50 CPANetwork conversion close to $2 eCPC! Everyone needs a little extra money around tax time --give your members a terrific bargain with this chance to save on mortgage and other debts. We only require 5 first-page dropdowns to pay you, so this converts extremely well!
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National Auto Warranty: Exclusive! PAYOUT: $6.00 CPASteadiest performer on the network, always-consistent eCPC above $1.40! National Auto Warranty is one of the leading online automotive plan programs available. Very simple lead generation form, pays on gross leads, first page only!
Contacts: Doug Walker 310.861.8788 doug@hydragroup.com AIM: Camden110
Scott Steele 310.861.8788
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Less Is More Upon launching R.O.Wise in November, we struggled with ways in which to differentiate the product. Initially, like most programs, our strategy was to fill our network with as many affiliates and offers as possible. What we found very quickly was that a majority of our revenue was coming from our own in-house offers and creative. We began asking ourselves what constitutes an exclusive promotion, and do "exclusives" really exist. I believe they do. A simple creative developed in-house, private labeling of a website, or even a preferred rate for an offer, constitutes what I perceive to be an exclusive. Anything that can effectively increase the yield for a publisher adds value. Why would a marketer offer an exclusive to one company? In our case 90% of the offers in our network are exclusive. Our clients offer us rights to market their products as a result of trust, strategic execution from both a distribution and creative standpoint, and centralization through a reliable partner. Our marketers choose to work with us because we provide a diversity of services including media buying, creative, search marketing, and lead generation. The combination of all these elements drives not only volume, but quality across multiple platforms. I am not going to say exclusive promotions are easy to find and that companies like ours own all the exclusive promotions in the market, however, offering diversified services helps us secure relationships and offer structures for our affiliates that they cannot obtain themselves. Being in this business for over 7 years, I have found that there are two very basic elements to building a successful organization when dealing with your partners: establishing strong, trusting relationships and demonstrating good commercial business sense. Most people are looking for the best payout, however, often times it is the most poorly run networks that attract affiliates with the lure of top bounties at slim margins for themselves. With that philosophy, their long term viability will be in question. We are thinking more long term for both our partners and ourselves. We cut several hundred affiliate checks monthly. It is foolish to think that we can bring true value to our affiliates’ bottom line revenues by bringing them the same offers that everyone in the industry has access to, simply by offering a compromised margin for ourselves to win business. We decided to take a step back, recognizing the need for truly exclusive offers, and therefore elected to remove all of the common, low margin campaigns from our network. Unlike most networks, R.O.Wise will afford you access to 10-15 incredible promotions. I assure you, however, less truly is more. Jason Cohen |
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My
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My
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Ipsos
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The Ipsos i-Say Panel, an online survey panel. Members will be automatically entered into Ipsos "New Member" Sweepstakes for $1,000! Each time they complete a survey, they will have a chance to win cash &/or prizes. In addition, each month they're on their panel, they'll be entered into their monthly half & half draw for $250 and an additional $250 is donated to the charity of their choice.
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Hot creatives and easy conversion for exclusive mortgage offer. Five simple drop down fields on first page for an easy conversion. We pay on 100% of all leads.
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Tech Corner with Jim Mansfield
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OFFERS My Diet Resolution - eMarketMakers now has the Atkin's Diet! Simply fill out this diet profile and ediets will give users a meal plan to help them reach their weight goal! Great diet offer pays $40 CPA! Win A Sony iPod - Get paid on one-field! Users fill in an e-mail address which enters them to win a iPod! Converts Phenomenally, performs well to all lists! Pays $0.35/$0.40 Retro on 10,000 leads. TaxAct - It's tax time again, so it makes sense for us to have a FREE tax offer! Pays $1.15 when user downloads the tax software or $2.30 when the user uses the online software - only 10 fields! HealthInteractive - Get paid on free sign-ups -- no payment and no scrubbing is involved. Conversions range between 20% and 30% on clicks each drop. CPA increased to make this great offer even better, now $4.50! Co-Registration Offers (Opt-Ins; Opt-Outs; Custom Co-Reg) - If you have a reg path, a survey or other lead gen mechanism, eMarketMakers has all the hottest, highest paying co-reg offers so you can make the most money off your co-reg inventory. Education, Dish, Bus Opp, Health Insurance, Travel…you name it. Inquire at info@emarketmakers.com
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Trends: Lead Conduits and Online Publishers Lately a number of sites geared towards converting mortgage, date, education, debt, etc leads have appeared from both large and small online publishers. These have had moderate to great success on affiliate networks and through brokers across the industry. What is fueling this new breed of lead-generating sites and what are the issues that the advertisers face if their brand is a part of such a site? These lead generating conduits use various brands in one site or portal to give consumers a chance to pick from a variety of services after they give their lead information (usually in the form of a small number of registration fields). It’s an ingenious solution to issues such as CANSPAM, but why do the various advertiser brands allow these? Many of the same companies whose brands appear on these lead generating conduit sites have their own site with their own affiliate program. Wouldn’t it make more sense for them to utilize their in-house solution rather than being paired up with other brands in a portal set-up? The market has shown that the answer to that question is mostly a “no.” Even though most of the education, mortgage, debt and dating sites have their own established brand, web presence, and affiliate site, the leads from the conduits stream in and are normally of a quality just as good as what their direct affiliates could produce, if not better. Along with that, the online marketers running these lead generating sites know how to make offers perform in the market. Since most of these sites are set up on the CPA model, they must work for their earnings, and there is great incentive to tailor the site in the best converting fashion. These sites can be thought of as direct offshoots of the pay-for-performance and CPA markets. Because of the responsibility marketers face in getting the most conversion and leads as possible, they’ve honed their skills and resources to the point that they are able to get the most out of the traffic their sites receive. It is an interesting twist that individual advertisers with in-house affiliate solutions decide to participate. However, it makes complete sense given that traffic and quality drive the relationship. Lead gen companies and advertisers have, for the most part, always allowed their CPA publishers to figure out the best way to get leads. This is just the latest incarnation of the relationship that publishers and advertisers have in a pay-for-performance market. Sam Harrelson is co-editor of the Digital Moses Confidential. Please send any comments or questions to sam@digitalmoses.com
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* new landing page * better conversion rates * new creative * higher payout Contact: Dave Paynter, dave@digitalmoses.com 201.394.6191 for additional information |
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Is Your Email Cooler? Jan. 1st came hurtling toward us all with the speed of one of those cannonballs that whistle through the air from ship to ship in "Master and Commander." Of course, what made this new year particularly significant for many of us was that this was the date the CAN-SPAM Act became effective. If you are still wondering, the CAN-SPAM Act received its name from ‘‘Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003’’. Signed into law on December 15, 2003 by President Bush, it went into effect January 1, 2004. Its objective is to prevent the practice of Unsolicited Commercial Email (UCE) or "Spam", as well as to put a framework around Internet communications, particularly those of business in regard to the promotion and solicitation of commerce. Okay, it happened so fast that no one knew exactly what the full ramifications were and what we could and could not do. I would be willing to bet that the majority of companies are still unaware of their new responsibilities relevant to CAN-SPAM. "But, but, but that's to put those spammers out of business! It doesn't have anything to do with us!" they'll say when they're cited for non-compliance. As professionals in direct marketing or related fields, you've surely read numerous articles on the matter and have an understanding. On one hand, CAN-SPAM isn't as onerous as we thought. On the other, it is. Employing valid From lines and clear Subject lines, including a mailing address, and a clear and easy way to unsubscribe are all measures that should already have been in place. Maintaining suppression lists of all the people who've unsubscribed begins to be a job. When you consider that a company must compile its suppression lists from all databases maintained by everyone in your company, then it gets more complicated. Many companies are offering solutions. As others have pointed out, a cottage industry in CAN-SPAM compliance has arisen. The company I work for, CoolerEmail, the Web-based application that Private Label InterActive recommends, installs, and trains client companies to use, makes complying much easier. I want to give you a few details on what we are doing at CoolerEmail to insure CAN-SPAM compliance for our clients and how we view the importance of actions that need to be taken by direct marketers. CoolerEmail has always required that its clients bring only opt-in lists. It has always maintained what is considered the strictest anti-spam policy in the industry. Every spam complaint is resolved, both with the publisher and the ISPs involved. As a result, it has earned the designation, IronportTM Bonded SenderTM. In addition to the sophisticated email marketing features that, very recently, include Dynamic Mail Merge, CoolerEmail's elegant solution to the complex challenge of DYNAMIC DATA --- also known as "search and replace" or "rules-based" mail-merge and CoolerTracks, its proprietary Web tracking application, CoolerEmail has gradually incorporated CRM tools. Along with the usual demographic information you might gather about individuals in your database, you have up to 50 User Defined Fields to use to customize your account. Combine this with calendaring of email events, other activities, sales forecasting, and accounts receivables and payables. Generate custom reports or a specific database of your universe of suppressed email records. Another of the newest features added is the Outbox. You can now build an address book, send single CoolerEmails, and track the recipients' activity that is automatically noted in their profiles. Now, instead of sending emails through your email client that seem to go into a "black hole," you will know exactly how your message was received. If your company has opted for a Corporate Portal, you will have distributed custom templates that maintain consistent branding and messaging to all your salespeople to use in their Outboxes in their own corporate accounts. The coolest feature is that all these tools, literally at your fingertips, are virtually free. CoolerEmail's pricing is still solely based on your monthly email activity.
Lydia Sugarman |
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OFFERS
Adteractive,
Inc. offers net 15 payment terms and
the most aggressive CPA and CPC pricing around. We are happy
to structure retroactive performance tiers above and beyond
our published rates. Here are a few Adteractive
Exclusives: (additional
clients listed below)
LowRateSource.com:
(Contact for Best Rates)
- Action: 5 Drop Downs, Submit any
Combination of Page 1!
- CPA: Contact us - Conversion: 20-30% from the click. ($1.50-$2.00+ EPC) - Real-time reporting, no charge backs. Note: Lowratesource offers the
highest bounty and conversion for this type of mortgage
offer.
Try the original 5 drop down only deal - great creative available. Expertdebtsolutions.com: (Contact for Best Rates) Action: 2 Drop Downs, Submit Page 1!
- CPA: Contact us - Conversion: 20-30% from the click. ($1.00-$1.50+ EPC) - Real-time reporting, no charge backs. Note: This is
the highest converting Debt deal available. Unlimited
Inventory. Try it - you will like it!
DirectEducation.net: (Contact for Best Rates) - Action: Submit a Lead
- CPA: contact us - Conversion: 7-10% from the click. ($1.00-$1.50+ EPC) - Real-time reporting, no charge backs.
Note: All major Online Universities work with
DirectEducation - these brands along with a great site
design make this one of the best EDU deals out there.
Other clients include
Columbia House, Universtiy
of Phoenix, iWon, AIU, Kennedy Western, Netflix,
Chase, Discover, Ameriquest and more!
All
at the guaranteed highest payouts around.
Come join the original Ad network and make some cash today.
Contact:
Diego Canoso,
dcanoso@adteractive.com
(415) 762-2266 x121 for additional information
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copyright
© Digital Moses
The articles and opinions expressed within are those of
industry professionals and do not necessarily represent
those of Digital Moses LLC