The agreement requires Members to maintain documented evidence of opt-in consent for all commercial or marketing emails and prohibits sending Campaigns to purchased, rented, third-party, co-registration, publicly available, or partner lists of any kind.
This analysis describes what Mailchimp's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision requires affirmative consent documentation for all commercial email sending and categorically prohibits the use of externally sourced contact lists, including co-registration and partner lists, which constrains common list acquisition practices.
Under this clause, Members must retain an opt-in form or equivalent consent evidence for each commercial or marketing email contact and may not send Campaigns to any list that was purchased, rented, obtained from a third party, or sourced from publicly available data. The agreement applies this prohibition to partner lists as well as externally acquired lists.
Cross-platform context
See how other platforms handle Anti-Spam and Opt-In Consent Requirement and similar clauses.
Compare across platforms →"Send Spam. Spam can be in the form of bulk emails or one to one commercial emails. You must be able to point to an opt-in form or show other evidence of consent for any commercial or marketing email you send. Upload or send email Campaigns to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.Excerpt from Mailchimp's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: This provision implements and extends beyond the minimum requirements of the CAN-SPAM Act by requiring opt-in consent documentation rather than merely providing an opt-out mechanism.
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This provision requires affirmative consent documentation for all commercial email sending and categorically prohibits the use of externally sourced contact lists, including co-registration and partner lists, which constrains common list acquisition practices.
Under this clause, Members must retain an opt-in form or equivalent consent evidence for each commercial or marketing email contact and may not send Campaigns to any list that was purchased, rented, obtained from a third party, or sourced from publicly available data. The agreement applies this prohibition to partner lists as well as externally acquired lists.
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