Electronic Mail (E-Mail) Advertising Policy

SAMPLE ELECTRONIC MAIL (E-MAIL) ADVERTISING POLICY

** Brokers should consult with counsel before adopting any policy **

I. PURPOSE: To ensure all e-mail advertisements comply with the applicable requirements of the Federal CAN-SPAM Act of 2003, the Pennsylvania Real Estate Licensing and Registration Act (“RELRA”) and the regulations promulgated by the Pennsylvania State Real Estate Commission (“SREC”).

II. SCOPE: All e-mail messages promoting or advertising the sale or provision of services or goods must be treated as e-mail advertisements under this policy, including any messages sent to potential clients as well as those sent to other agents and/or brokers.

A. Exception:

1. This policy does not apply to an e-mail message if the only advertising or promotional material the message contains is a link to a commercial website and the primary purpose of the message is not to direct the recipient to the link.

2. This policy does not apply to e-mail messages sent to a current client for the primary purpose of providing professional services to that client. Example – Sending a buyer client a list of home inspection companies to help the client find a home inspector is not advertising.

III. REQUIREMENTS: All e-mail advertisement messages must contain the following:

A. A clear and conspicuously displayed functioning return e-mail address,

B. A clear and conspicuously displayed notice that the recipient may use the return e-mail address, or a similar internet-based response mechanism provided by the sender, to request that the recipient not receive future e-mail advertisements from the sender at the e-mail address to which the message was sent. The return e-mail address or response mechanism must remain active and functioning for 30 days after the message is sent. All messages received from a recipient stating that they do not wish to receive further e-mail advertisements must be forwarded to the broker or their designee for placement on a centralized list “no e-mail advertisements” available to all agents in the office.

C. A clear and conspicuous notice that the e-mail message contains an advertisement or solicitation.

D. If the advertisement is from an associate broker or salesperson the message must contain the name and telephone number of the employing broker in equal size type.

of 3 ver 1.3 09/07 IV. PROHIBITED ACTS:

A. An e-mail advertisement message must not contain or have associated with it:

1. Header information that is false, misleading, or deceptive. Header information includes the domain name, internet protocol address and/or e- mail address of the sender and any information which will appear on the “from” line of an e-mail message. Header information is considered deceptive even if it is accurate, but was obtained deceptively. Example - When an e-mail message is forwarded through someone else’s computer to disguise its origin. Contact your Internet Service Provider (“ISP”), local network manager and/or the manufacturer of your computer for assistance in determining if you are transmitting truthful header information.

2. Any deceptive subject headings. The subject line of an e-mail advertisement message cannot mislead a reasonable recipient regarding the contents or subject matter of the message.

B. Sending an e-mail advertisement message to a recipient more than 10 days after the recipient has requested that they receive no further e-mail advertisements (see II.B. above) from the brokerage or any agent of the brokerage is prohibited. Before sending any e-mail advertisement messages you must check the brokerage’s centralized list of e-mail addresses of recipients who no longer wish to receive e-mail advertisements from the brokerage.

C. Sending e-mail advertisement messages to e-mail addresses that were electronically harvested from other websites without the permission of the site operator is prohibited.

D. Sending e-mail advertisement messages to e-mail addresses using automated means that generates possible e-mail addresses by combining letters, numbers and/or names is prohibited. This practice is also known as a “dictionary attack.”

V. MOBILE SERVICE COMMERCIAL MESSAGES ("MSCM"): Licensees must ensure that messages are not sent to recipients whose e-mail address is associated with a wireless messaging domain unless the recipient has given “express prior authorization.” To comply with this rule, licensees must:

A. Download a copy of the wireless domain list maintained by the Federal Communications Commission (FCC) at the FCC Web site (http://www.fcc.gov/cgb/policy/DomainNameDownload.html).

of 3 ver 1.3 09/07 B. Check all domain names for e-mail addresses to which the licensee sends commercial e-mail messages against the newest version of that list at least every 30 days.

C. Where an e-mail address domain is listed on the FCC registry of wireless domains, the licensee must do one of the following:

1. Remove the address from licensee’s e-mail list and, at the option of the licensee, request another address from a domain that is not on the FCC list.

2. Obtain “express prior authorization” from the recipient in writing before sending any commercial e-mail messages. All written authorizations must contain:

a. The MSCM address where the messages can be sent;

b. A statement that the recipient is agreeing to receive MSCMs from the business(es) clearly identified in the disclosure;

c. A statement that the recipient may be charged by his service provider for the receipt of such messages;

d. Notice that the recipient may revoke his authorization to at any time; and

e. The recipient’s signature (electronic signatures are permitted).

D. Where licensee elects to obtain express permission from an e-mail recipient, that permission must be clear, legible, and readily apparent to the subscriber. Permission may never be obtained through a negative option. (For example, it is not permissible to provide a permission form stating “Licensee presumes permission to send MSCM messages to client unless the client returns this form indicating that permission is denied.”)

E. Permission is only valid for the sender(s) identified in the grant of permission. Licensees shall include in the default language for any written permission statement that the recipient gives permission to receive commercial e-mails from the Broker and from any business affiliated with the Broker.

F. Where permission is obtained through electronic means (i.e., via e-mail or a Web based permission form), the recipient must have the ability to opt-out of receiving further messages through the same method.

G. All request to “opt-out” or refuse to receive further messages must be honored within 10 days of receipt.

VI. CONTRACTS WITH THIRD PARTY PROVIDERS;

of 3 ver 1.3 09/07 All contracts between an agent and a third party regarding or related to the sending or authorizing of e-mail advertisements must be submitted to the broker or their designee for review and approval before acceptance by the agent.

of 3 ver 1.3 09/07