Spam is, rather definitionally, undesired marketing. If they don't desire it, it's spam for them. And they rather clearly do not desire it. (You could also go

Spam is, rather definitionally, undesired marketing. If they don't desire it, it's spam for them. And they rather clearly do not desire it. (You could also go with the stronger "unrequested marketing" definition, which makes this even more "definitely spam". CAN-SPAM rules define it this way, so that seems fair too)