Xclusive Cash to sue NATS for 5 Million
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High Quality Domains for Sale - No Reserve Prices - Many ANY Offer
Part vampire, Part warrior, Carnivore and voyeur
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High Quality Domains for Sale - No Reserve Prices - Many ANY Offer
Part vampire, Part warrior, Carnivore and voyeur
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Sorry, I think that's a bad example...even if the point is correct.Originally posted by Quick Bucki dont remember what the legal term is... but if i say "hey i'll buy your car for $10k" and you say "ok" and then i give you a check for $10k and the memo says "purchase for your car" and you give me the car and cash the check... you can't go take the car back next month saying that we didnt have a contract.
i think the word is "implied contract"
http://www.google.com/search?q=define:implied+contract
It sounds like their lawyers are basically saying that they paid tmm every month, and tmm let them use the software every month, so by virtue of the history... so the only part that is probably really enforcable in that implied contact is the "xc pays tmm and tmm allows xc to use nats".
I think in your scenario, the problem would boil down to the WARRANTEE. One party says the warrantee is 3 months. The other party says it was a 6 month warrantee. There doesn't appear to be any dispute on payment or service, but the TERMS of the service itself.
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regardless of who I believe, regardless of who is right or wrong, regardless of what really happened and what didn't
both reputations are tarnished in this fight, and I hate to say it, I think both companies will hurt in the long run over all this
with that, I am now officially staying out of it all. This will be my last post regarding TMM vs. NRComment
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WOW.......your fifteen minutes are hereOriginally posted by crockettHa I made it into the complaint... that's awesome.. Hopefully they pick up a few more of my quotes that I added today..

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I dont know if thats a good thingOriginally posted by crockettHa I made it into the complaint... that's awesome.. Hopefully they pick up a few more of my quotes that I added today..
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Actually his example does not point to a warrantee situation. What he is saying is not that the car is broken, simply that the car is automatically set to disable itself every X amount of time requiring he request that the dealer re-enable it.Originally posted by ronaldoSorry, I think that's a bad example...even if the point is correct.
I think in your scenario, the problem would boil down to the WARRANTEE. One party says the warrantee is 3 months. The other party says it was a 6 month warrantee. There doesn't appear to be any dispute on payment or service, but the TERMS of the service itself.
I was actually really surprised to hear about that particular feature of NATS on the permanent licensing.Comment
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In addition to that, I highly doubt we will be hearing from either party until a resolution is met by them.Originally posted by KimmykimActually his example does not point to a warrantee situation. What he is saying is not that the car is broken, simply that the car is automatically set to disable itself every X amount of time requiring he request that the dealer re-enable it.
I was actually really surprised to hear about that particular feature of NATS on the permanent licensing.
BTW, Kim, didn't you used to defend NATS in the past?.Comment
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Exactly. It was a very well worded post that did not imply nor say directly anything of the sort. If people want to make assumptions, that is not the fault of NATS and TMM. All it simply stated was that there was a discrepancy that they were trying to clarify and they were met with abusive language and hung up on.Originally posted by Matt 26z"he publicly stated that he had suspended the NATS license for XclusiveCash, Naked Rhino?s affiliate program, because he believed the company was shaving, or altering sign-up and re-bill statistics in order to cheat affiliates"
I didn't read that entire thread, but the first two posts by NATS in it didn't say such a thing. They just stated that the CCBill stats and the affiliate stats were different.-uno
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It doesn't quite work like that. It can be argued that they implied shaving. It can also be argued that they posted it to be inflammatory and to damage. If there's an argument, then the jury will decide and much money will be spent all around.Originally posted by unoExactly. It was a very well worded post that did not imply nor say directly anything of the sort. If people want to make assumptions, that is not the fault of NATS and TMM. All it simply stated was that there was a discrepancy that they were trying to clarify and they were met with abusive language and hung up on.
FWIW it was a terribly worded post, in that it was posted at all. A private agreement which was very likely about to be litigated discussed in public, WTF! Anyone doing business with either of these parties should look long and hard at what they think acceptable conduct is.Comment
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Regardless how this turns out this case will change the way companies handle posting business on public message boards.
This is going to be interesting to watch unfold.Living in Virtual Reality
Contact: Email (preferred): furiousmale .at. gmail - Skype: live:shanedwsComment
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I agree... people like PimpleDog will be fucked.Originally posted by Furious_MaleRegardless how this turns out this case will change the way companies handle posting business on public message boards.
This is going to be interesting to watch unfold..Comment
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LMAO. Adress your problems first and there won't be problems like that. What a stupid move by xclusive.Originally posted by rayadp05I rebooted, deleted temp files, history, cookies and everything...still cannot view the news clip. All I see is that fucking gay ass music video from "Rick Roll". Anyone else have a different link to the news clip?Comment
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Just to clariry for page 16, it is "modF" not "ModF". In addition, he or she happens to be a "he".Originally posted by quantum-x
Wouldn't it be nice if NR resovled the issue before throwing around these interesting lawsuits?Last edited by modF; 08-24-2006, 03:47 PM.
I do things
skype:themodF
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This action was inevitable after that first post that started all this.Comment
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you sir are a fuckning idiot.Originally posted by wjxxxYou can buy shitload of niggers for 5 mil$
Icq: 31706665Comment
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I have returned my children.GFY Nick of the Year - 2006
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Originally posted by Jacethe damage is only done because NR decided NOT to address the initial problem. a discrepency was discovered, rather addressing the issue and seeing if a problem did exist, they file a sue for 5 mil and skip over the original issue?
i dont care for either party and don't really give a shit what happens between them. having said that, i don't agree that it was absolutely necessary for John to come to a public forum and basically accuse the company of stealing from webmasters. were they stealing? not stealing? do they owe people money? those issues have nothing to do with their accusations, damages and claims.
if you process with CCBill... do you think its CCbills place to announce on GFY that they are terminating your accounts because you are stealing from affiliates? i doubt you would be ranting and raving and stating again and again something like "i was totally wrong about everything and ccbill is 100% right to go public and basically sink my business and accuse me of stealing in a public forum"Comment
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It seems that simple to me fix the rebills pay up, wtf is the problem?Originally posted by Doctor DreLMAO. Adress your problems first and there won't be problems like that. What a stupid move by xclusive.Comment
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Correct me if I'm wrong here....
- Regardless of whether the problem was tech error or shave, people still haven't been paid on said errors.
- Because NR was locked out, people STIlLL haven't been paid on said errors.
- This suit will prolong people getting paid (past, present, & future).
- The suit isn't even about people getting paid, so regardless of who wins, affiliates lose.
flexx [dot] aeon [at] gmailComment
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Well, look at the bright side, at least there are only about 200 webmasters at MAX waiting on payments.
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TMM has already made it very clear that is Naked Rhino wants to pay affiliates, TMM will open their NATS whlie lawyers are present so that affiliates can be paidOriginally posted by FlexxAeonCorrect me if I'm wrong here....
- Regardless of whether the problem was tech error or shave, people still haven't been paid on said errors.
- Because NR was locked out, people STIlLL haven't been paid on said errors.
- This suit will prolong people getting paid (past, present, & future).
- The suit isn't even about people getting paid, so regardless of who wins, affiliates lose.

NR didn't go fo thatComment
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Private??Originally posted by ztik"The dispute is centered around a post made by Albright on GFY.com?s message board. In it, he publicly stated"
Message boards are private, not public. Was he only posting facts?
I don't see how this will hold up
Message boards that can be read my anyone without any registration requirements can hardly be considered private..Comment
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I predict John from NATS will never post anything ever again, regarding NATS and issues with companies using that software.Comment
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well now......that's um......err....uh...Originally posted by JaceTMM has already made it very clear that is Naked Rhino wants to pay affiliates, TMM will open their NATS whlie lawyers are present so that affiliates can be paid
NR didn't go fo thatflexx [dot] aeon [at] gmailComment
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Originally posted by DegenerateCare to expand? I didn't get that from reading the same papers.
Sure for starters, item number ten in the court paperwork. Makes it sound like they started the business, that it was all their idea. It was sadly not all their idea. In fact non of it was their idea. And, further more, anyone that was at the Vegas show the year before last that went to their "xclusive cash" meeting was told by them about how another couple was the "brain child". That it was the other couple that came to them and said, we have an idea.
Now all of a sudden it was all just them? It was them that was hurt? Well that what's you get for fucking people over. So either they lied to all of us at that meeting when they told us about the other couple or they lied in the court papers. Either way, they are liars and not to be trusted.
I used to have some respect them. In fact even when they first lied to me I let it go. It was that big a deal and I kept my mouth shut. Then, they fucked over my friends and stole just about everything from them. Now they are fucking over a whole lot of webmasters and enough is enough. I look forward to all the things that I am sure will come out should this ever go to trial but I can't see it going that far. But, then again, it only would have taken a 5 year old with the common sense of a slug to get out of their jam in the first place instead one of the owners had a probable roid rage when Nats called the first time setting this whole thing in to motion, so I guess it is true, common sense isn't really that common.Comment
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A few things no one was going to involve playboy in the suit because playboy probably has a whole department of lawyers that just live for this type of thing.
Small dogs dont want to fight with big dogs.The buying a car is not the same with software depends on how the license is worded, like if your paying monthly fee you really don't own it. Your paying to use it.Last point Jace is a honest guy with a good heart and a good friend. From what I read in the court papers nats post didnt talk about shaving just about a problem they wanted to fix.Comment
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We noticed our rebills hadn't been posting with one of our newer billers and we contacted nats to fix the problem. I don't get why any company would not want to fix something like this. They could of easily fixed this problem by talking to NATS and none of this would of happened.
MarkIntenseCash - If you can't convert us then you might want to look for a new job
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BrokeStraightBoys.com converting 1:124 stats counted by NatsComment
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so, now it's xclusive cash's fault nats didn't track right?Originally posted by BluMediaWe noticed our rebills hadn't been posting with one of our newer billers and we contacted nats to fix the problem. I don't get why any company would not want to fix something like this. They could of easily fixed this problem by talking to NATS and none of this would of happened.
MarkComment
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This is the part that I don't understand. From what I have read, the rebill issue was going on for more than a day, more than a week, more than a MONTH.Originally posted by BluMediaWe noticed our rebills hadn't been posting with one of our newer billers and we contacted nats to fix the problem. I don't get why any company would not want to fix something like this. They could of easily fixed this problem by talking to NATS and none of this would of happened.
Mark
How did it go unnoticed by XC? The NATS system sends an email on every join, and every rebill. It is the first thing that I check every single morning. If this happened in my program, I would notice it within 24 hours, 48 hours tops if it happened on a weekend. Even if you have your mail filtered to automatically move to another folder, it would be noticed as soon as I logged in and went to the overview page.
This is what has me shaking my head.Comment
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Originally posted by crockettWell if it goes to court then the info will all become public record.
Which is why it is impossible to believe it will actually go to court....
The process of discovery would mean disclosure of all accounting, tax records...everything. I don't believe anyone in this business has their books in that sort of order..Comment




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