Local marketing guy, you write:
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Creative must be clear and conspiciously of commercial intent.
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I am not sure what you mean by this statement. Are you refering to the requirement you must give clear and conspicous notice the content is an advertisement or solicitation?
This requirement only exists for those who are sending unsolicited commercial e-mail.
If you are sending affirmative consent commercial e-mail, this rule does not apply. Meaning? Don't want to be sending spam, then you need affirmative consent.
John Glube