btw that 200 sponsors helping acacia out!
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Sorry man, I just walked in from hanging at a friend's for a bit. But I just got the mail and that certainly makes sense, and ill reply in a bit.
Aside from that, I think it's funny they marketed this letter as a 'FINAL NOTICE' as if they had sent me multiple letters and I have dodged them.
Pretty shady tactics.
Debating having my uncle lawyer give them a call, thus far I didnt even think this kind of shit would affect me since I do not run paysites like most of you.
But nonetheless, my final notice is here and I have 30 days to pay. ;)
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Some points regarding CE Cash and TrafficCashGold are:Originally posted by gin
4.5 That nothing on, in or associated with your web site violates any laws, regulations, rules or customs, including but not limited to violation of regulations set forth at 18 U.S.C. Section 2257 et seq., or violate or infringe any rights of any person or entity, including any intellectual property rights, including, without limitation any copyrights, patent rights, trademark rights, trade secret rights, or rights of publicity, or any person?s or entities? privacy rights or any other personal or proprietary rights of any kind; and
bam, first one i looked at. cecash has that in their terms. if you are violating patent you are breaking their rules, wonder how many other affiliate programs have this? or if it's just them?
1) when did their terms change and did they notify people?
2) Having video content doesn't mean you are violating a patent, it means you COULD be violating a patent. As the patent hasn't been held up in a court of law yet, they have no justification for giving out peoples info.
3) TCG's statement indicates they will notifiy you before proceeding further.. has anyone been notified by them?
Any more questions you guys have for them?
Skype: CallTomNow
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the fact they address it to made up words, and do not even give urls make this even more lame.
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Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About meComment
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How do you mean?Originally posted by doober
btw that 200 sponsors helping acacia out!
Skype: CallTomNow
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Way back when, when they did that Internet interview with Bergman (don't remember who did the interview, but it was good) they specifically asked about affiliates and the double dip potential.
Bergman pretty much said that if we license a company we (Acacia) cannot legally go after the affiliates (he said the legal definition of affiliate and the way it is used in the adult industry are different so I use this term loosely, as defined by the adult industry). He said that such a "double dip" is not allowed by law. So if they sign with an sponsor program, they cannot go after you to linking to their sites unless you are offering video on your own sites. Not sure how this applies to hosted video galleries, but by just having a text or banner link with your ref-code in it that links to a site that offers videos I am pretty sure you are safe. Of course, if you have videos on your sites - does not apply, but to link to an affiliate and have to pay these fees, in Bergmans own words is illegal.
Don't remember the specifics, but I think that sums it up pretty nicely.
FlowComment
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DOH!Originally posted by Squirtit
How do you mean?Comment
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The specifics were that they would not go after the affiliates for the companies content that already signed. He made it clear that if an affiliate linked to other sites with content, or had their own content.. it wasn't covered. ONLY the cotent of companies that signed.Originally posted by Flow
Way back when, when they did that Internet interview with Bergman (don't remember who did the interview, but it was good) they specifically asked about affiliates and the double dip potential.
Bergman pretty much said that if we license a company we (Acacia) cannot legally go after the affiliates (he said the legal definition of affiliate and the way it is used in the adult industry are different so I use this term loosely, as defined by the adult industry). He said that such a "double dip" is not allowed by law. So if they sign with an sponsor program, they cannot go after you to linking to their sites unless you are offering video on your own sites. Not sure how this applies to hosted video galleries, but by just having a text or banner link with your ref-code in it that links to a site that offers videos I am pretty sure you are safe. Of course, if you have videos on your sites - does not apply, but to link to an affiliate and have to pay these fees, in Bergmans own words is illegal.
Don't remember the specifics, but I think that sums it up pretty nicely.
Flow
Do you now see a motive behind signing for a big company? "PROMOTE OUR MATERIAL AND YOU'RE SAFE" LIttle did people know that their info was being given to Acacia by some.
Skype: CallTomNow
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New FrontierOriginally posted by BRISK
This is a list of companies that have settled with Acacia:
http://www.t3report.com (where's the traffic?) v5.0 is out! |
http://www.FightThePatent.com | ICQ 52741957Comment
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LodgeNet Entertainment Corporation
Grupo Pegaso - Mexico
Radio Free Virgin
CinemaNow Inc
Interactive Gallery Inc
L.F.P. Inc.
SBO Pictures dba Wicked Pictures
GO Entertainment
http://www.acaciatechnologies.com
Press Releases from Acacia
Fight the Patent!
http://www.t3report.com (where's the traffic?) v5.0 is out! |
http://www.FightThePatent.com | ICQ 52741957Comment
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Ya me 2...I have never received the famous purple package, just a lame mail today with glossy cnet pages...as if thats some sort of legal document lolOriginally posted by Fletch XXX
Sorry man, I just walked in from hanging at a friend's for a bit. But I just got the mail and that certainly makes sense, and ill reply in a bit.
Aside from that, I think it's funny they marketed this letter as a 'FINAL NOTICE' as if they had sent me multiple letters and I have dodged them.
Pretty shady tactics.
Debating having my uncle lawyer give them a call, thus far I didnt even think this kind of shit would affect me since I do not run paysites like most of you.
But nonetheless, my final notice is here and I have 30 days to pay. ;)
Extreme shadiness on acacias end...seems like they just shooot off mail and see where the chips land!
LameComment
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I guess I am missing something here....
Let say I build free sites or AVS sites or something of that nature. All I have on these sites is a few pictures and a couple of banners (and no videos or links to hosted videos) to a site I am promoting from <insert sponsor name here>. On the site that I am promoting, they have videos and photos as most paysites do. Because I am promoting sites that have videos they can go after a portion of the money I make from the sponsor even though I am hosting no videos what so ever and I am not linking to hosted video galleries?
I am no lawyer, but I have a hard time believing this is legal. If that is the case, pretty much everybody is fucked, including Yahoo! and all of the other Search Engines.
Don't buy it - can't be legal, but I guess that is what they are counting on - the small guy to just pay the fees and go on with life without ever talking to a lawyer.
FlowComment
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"Because I am promoting sites that have videos they can go after a portion of the money I make from the sponsor even though I am hosting no videos what so ever and I am not linking to hosted video galleries?"Originally posted by Flow
I guess I am missing something here....
Let say I build free sites or AVS sites or something of that nature. All I have on these sites is a few pictures and a couple of banners (and no videos or links to hosted videos) to a site I am promoting from <insert sponsor name here>. On the site that I am promoting, they have videos and photos as most paysites do. Because I am promoting sites that have videos they can go after a portion of the money I make from the sponsor even though I am hosting no videos what so ever and I am not linking to hosted video galleries?
I am no lawyer, but I have a hard time believing this is legal. If that is the case, pretty much everybody is fucked, including Yahoo! and all of the other Search Engines.
Don't buy it - can't be legal, but I guess that is what they are counting on - the small guy to just pay the fees and go on with life without ever talking to a lawyer.
Flow
That's what they say Yes
Skype: CallTomNow
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Almost like.. throw as much shit to the wall as you can.. and something might stick. Typical legal strategy.Originally posted by doober
Ya me 2...I have never received the famous purple package, just a lame mail today with glossy cnet pages...as if thats some sort of legal document lol
Extreme shadiness on acacias end...seems like they just shooot off mail and see where the chips land!
Lame
Skype: CallTomNow
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[QUOTE]Originally posted by gin
[B]amazing. not even 1 sponsor has defended themselves. there is probably some term on their pages when you sign up that says they can legally give out your information.
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gin,
I actually posted this quite a while ago in a different thread. Here it is again.......
Fletch XXX,
I ASSURE YOU that they are not getting ANY information from Hustler. We (WebQuest) maintain all of Hustler's affiliate information so I can personally gaurantee you that information is NOT being provided to Acacia by Hustler.
Hustler settled for it's own business reasons, but Hustler will NEVER assist Acacia in going after other companies in our industry.
I have a history and reputation of integrity and honesty in this business. You have my word that Hustler is not the culprit here.Comment
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