Know-How Exchange : E-Marketing

I think you're looking in the wrong direction. Your process of using a client-provided list is your real problem. The agreement is only paper and clients will say / try anything.

Work on your process to test the list at multiple intervals and amounts so you don't kill your white list. Build in other processes that scrutinize the list quality and look for red flags - like:
- does the size of the list correspond to their business - a lawn service with 100K email addresses
- have them provide a set of randomly selected Opt-in credentials and test them
- review their email list management process and look for poor practices and no controls

If a list and client claims are legitimate - these simple tests should help keep you clean regardless of what junk lists get thrown at you.

Bob

I agree that the solution lies more in how you assess the list than any agreement. The most that any agreement will do for you in the real world is give you the power to turn the service off. You're never going to get damages, so why bother?

One thing I have not seen mentioned -- especially in the B2B world -- is to look for "role-based" email addresses in the list: sales@, webmaster@, info@, etc.

A number of these is almost always a clear indication that the list was harvested as opposed to built through permission-based means.