Forget Acacia.... Xpays is coming.

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  • XPays
    Team Player
    • May 2004
    • 13002

    #51
    please do not ask whether particular programs are infringing, as i will not answer any such questions.

    please read/evaluate the patent. there are some specific non-legal examples in the patent that webmasters will find easy to grasp starting at page 19 column 2 of the pdf.

    please remember that this not a predatory patent, so any comparisons to acacia are a bit naive and reflexive.

    &

    50

    XPays Principals Awarded U.S. Patent For Internet Based Affiliate Pooling


    San Francisco, October 14, 2004 -- XPays Inc. (www.XPays.com) is
    pleased to announce that the United States Patent & Trademark Office
    has issued U.S. Patent No 6,804,660, covering XPays' innovative
    affiliate pooling technology which enables Virtual Affiliate?
    advertising on the Internet. XPays principals Evan Horowitz and
    Michael Landau have previously assigned their invention to their
    sister company Essociate Inc. (www.Essociate.com).


    "The originality of our affiliate pooling technology is confirmed by
    the issuance of our first patent, and the continued growth of our
    business validates the strength of the model," said Horowitz, CEO and
    co-founder of XPays and Essociate. "This patent is indicative of the
    foresight and innovation necessary to develop a unique affiliate
    advertising network within a complex and dynamic industry. After our
    initial launch in 1998, XPays endeavored to diversify its affiliate
    program in mid-1999 and soon after Affiliate Pooling became the core of the XPays system."


    "Considering our tremendous respect for intellectual property rights,
    it is very gratifying to receive this type of acknowledgemnt from the
    Patent and Trademark Office," added Landau, CTO and co-founder of both
    companies.


    XPays is an industry leader in the competitive performance-based
    Internet advertising market, bringing together a variety of online
    merchants and affiliates using the patented Affiliate Pooling model.
    XPays currently partners with more than 12,000 affiliates, offering a
    variety of merchants' goods and services to promote. By providing an
    evolving set of tools for affiliates and merchants to combine their
    resources via the XPays model, merchants have increased their brand
    awareness and affiliates have profited from a stable and competitive
    revenue source.


    More information on U.S. Patent 6,804,660 is located at
    <http://patft.uspto.gov/netacgi/nph-P...number=6804660> or a
    PDF may be downloaded from
    <http://essociate.com/patents/US6804660.pdf>.
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    • Shap
      Confirmed User
      • May 2001
      • 8313

      #52
      51 new patents

      Comment

      • lopez
        Confirmed User
        • Jul 2002
        • 299

        #53
        only in america...
        u guys gone nuts with your patents and suing.

        Comment

        • BigWebRev
          Confirmed User
          • Aug 2004
          • 1631

          #54
          Originally posted by EZRhino
          I'm not hearing many answers outside read the patent.

          Comment

          • XPays
            Team Player
            • May 2004
            • 13002

            #55
            Originally posted by RocHard
            I loved this part:

            You can't fucking patent an idea.
            We just did.
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            • codymc12
              Confirmed User
              • May 2003
              • 719

              #56
              "Advantageously, the present invention allows groups of Webmasters to participate in existing Merchant affiliate systems without the need of joining those Merchant affiliate systems"

              "An invention is disclosed for Internet based affiliate pooling across existing affiliate system boundaries."

              Comment

              • PerfectionGirls
                Too lazy to set a custom title
                • Oct 2002
                • 4484

                #57
                please read/evaluate the patent. there are some specific non-legal examples in the patent that webmasters will find easy to grasp starting at page 19 column 2 of the pdf.
                No, I think you have a responsbilty to imform us. Why not just post some of your "non_legal examples" here instead of playing games.

                Tell us how this might effect us. If you are so proud of it, why not share it.. unless of course you are not wanting us to know. After all the Acacia BS the last think we need is our chain jerked

                Last edited by PerfectionGirls; 10-14-2004, 12:57 PM.
                SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

                Comment

                • WiredGuy
                  Pounding Googlebot
                  • Aug 2002
                  • 34513

                  #58
                  Originally posted by RocHard
                  Sorry guys, there is already a lot of software out there that does this. Your about ten years too late. You can't fucking patent an idea.
                  I would love to agree with you but patents have gotten out of hand. Someone explain to me how Amazon's 1-click purchasing system could be patented? They simply took the cookie system and applied it to online purchasing. Or how about Microsoft's double click patent. I really would love to see patent reform.

                  WG
                  I play with Google.

                  Comment

                  • notjoe
                    Confirmed User
                    • May 2002
                    • 5599

                    #59
                    I think the DMT portfilio of patents hold more weight than this
                    Last edited by notjoe; 10-14-2004, 12:58 PM.

                    Comment

                    • XPays
                      Team Player
                      • May 2004
                      • 13002

                      #60
                      Originally posted by codymc12
                      "Advantageously, the present invention allows groups of Webmasters to participate in existing Merchant affiliate systems without the need of joining those Merchant affiliate systems"

                      "An invention is disclosed for Internet based affiliate pooling across existing affiliate system boundaries."
                      you are on the right track
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                      • Shap
                        Confirmed User
                        • May 2001
                        • 8313

                        #61
                        Sounds like the xpays - ars set up. One company pooling a number of websites (owned by various owners) and being in control of all advertising to those sites.

                        Evan am I getting warmer?

                        Comment

                        • tical
                          Confirmed User
                          • Feb 2002
                          • 6504

                          #62
                          even if you submitted this patent 3 years ago

                          there's a lot of "prior art" out there dating back to the late 90's
                          112.020.756

                          Comment

                          • notjoe
                            Confirmed User
                            • May 2002
                            • 5599

                            #63
                            Originally posted by shap
                            Sounds like the xpays - ars set up. One company pooling a number of websites (owned by various owners) and being in control of all advertising to those sites.

                            Evan am I getting warmer?
                            I can fell the heat, keep going

                            Comment

                            • Giorgio_Xo
                              Confirmed User
                              • Mar 2003
                              • 4263

                              #64
                              Another company I won't do business with... not that they convert anyways.
                              Make Levees, Not War

                              Comment

                              • XPays
                                Team Player
                                • May 2004
                                • 13002

                                #65
                                Originally posted by tical
                                even if you submitted this patent 3 years ago

                                there's a lot of "prior art" out there dating back to the late 90's
                                our invention date was may 1999, which is usually considered an early invention date
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                                • Rich
                                  So Fucking Banned
                                  • Jan 2003
                                  • 11486

                                  #66
                                  Originally posted by XPays
                                  We just did.
                                  That's the easy part, enforcing it will be the fun part.

                                  Comment

                                  • WiredGuy
                                    Pounding Googlebot
                                    • Aug 2002
                                    • 34513

                                    #67
                                    Originally posted by shap
                                    Sounds like the xpays - ars set up. One company pooling a number of websites (owned by various owners) and being in control of all advertising to those sites.
                                    I'm more inclined to believe in a dynamic marketplace where affiliates and merchants can interact and the marketplace selects the creatives based on which creatives perform best. A recent skinning of GFY comes to mind here...

                                    WG
                                    I play with Google.

                                    Comment

                                    • Theo
                                      HAL 9000
                                      • May 2001
                                      • 34515

                                      #68
                                      It's a patent for affiliate shaving. From now on the majority of PPS would have to pay fees to Xpays.

                                      Comment

                                      • EZRhino
                                        Confirmed User
                                        • Jul 2003
                                        • 6258

                                        #69
                                        Originally posted by codymc12
                                        "Advantageously, the present invention allows groups of Webmasters to participate in existing Merchant affiliate systems without the need of joining those Merchant affiliate systems"

                                        "An invention is disclosed for Internet based affiliate pooling across existing affiliate system boundaries."
                                        That makes more sense to me. thanks

                                        Comment

                                        • XPays
                                          Team Player
                                          • May 2004
                                          • 13002

                                          #70
                                          Originally posted by Giorgio_Xo
                                          Another company I won't do business with... not that they convert anyways.
                                          we have paid out tens of millions of dollars and our program is commercially viable and growing.
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                                          • notjoe
                                            Confirmed User
                                            • May 2002
                                            • 5599

                                            #71
                                            Originally posted by tical
                                            even if you submitted this patent 3 years ago

                                            there's a lot of "prior art" out there dating back to the late 90's
                                            http://www.cj.com/index.jsp
                                            omain Name: CJ.COM

                                            Created on..............: Wed, Feb 24, 1999
                                            Expires on..............: Tue, Feb 24, 2009
                                            Record last updated on..: Mon, Sep 13, 2004

                                            Predates the patent filing date i believe

                                            Comment

                                            • J B
                                              Confirmed User
                                              • May 2002
                                              • 1804

                                              #72
                                              Originally posted by lopez
                                              only in america...
                                              u guys gone nuts with your patents and suing.
                                              Yeah... sometimes I'm really glad that I'm in Europe... actually more than sometimes


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                                              Comment

                                              • Giorgio_Xo
                                                Confirmed User
                                                • Mar 2003
                                                • 4263

                                                #73
                                                Originally posted by XPays
                                                we have paid out tens of millions of dollars and our program is commercially viable and growing.
                                                I'll take ND, TCG, and Ox over this program anyday.
                                                Make Levees, Not War

                                                Comment

                                                • XPays
                                                  Team Player
                                                  • May 2004
                                                  • 13002

                                                  #74
                                                  Originally posted by WiredGuy
                                                  I'm more inclined to believe in a dynamic marketplace where affiliates and merchants can interact and the marketplace selects the creatives based on which creatives perform best. A recent skinning of GFY comes to mind here...

                                                  WG
                                                  not one of our affiliates ignores which creative performs in deciding how to participate in the marketplace
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                                                  • XPays
                                                    Team Player
                                                    • May 2004
                                                    • 13002

                                                    #75
                                                    Originally posted by notjoe
                                                    http://www.cj.com/index.jsp
                                                    omain Name: CJ.COM

                                                    Created on..............: Wed, Feb 24, 1999
                                                    Expires on..............: Tue, Feb 24, 2009
                                                    Record last updated on..: Mon, Sep 13, 2004

                                                    Predates the patent filing date i believe
                                                    and is not the same invention
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                                                    • psili
                                                      Confirmed User
                                                      • Apr 2003
                                                      • 5526

                                                      #76
                                                      Fuck. I guess you can patent almost anything. With that, I'm going to patent autoerotic stimulation.


                                                      Every time you jerk off, you owe me $10.
                                                      Your post count means nothing.

                                                      Comment

                                                      • seeric
                                                        ..........
                                                        • Aug 2004
                                                        • 41917

                                                        #77
                                                        Originally posted by XPays
                                                        XPays Principals Awarded U.S. Patent For Internet Based Affiliate Pooling


                                                        San Francisco, October 14, 2004 -- XPays Inc. (www.XPays.com) is
                                                        pleased to announce that the United States Patent & Trademark Office
                                                        has issued U.S. Patent No 6,804,660, covering XPays' innovative
                                                        affiliate pooling technology which enables Virtual Affiliate?
                                                        advertising on the Internet. XPays principals Evan Horowitz and
                                                        Michael Landau have previously assigned their invention to their
                                                        sister company Essociate Inc. (www.Essociate.com).


                                                        "The originality of our affiliate pooling technology is confirmed by
                                                        the issuance of our first patent, and the continued growth of our
                                                        business validates the strength of the model," said Horowitz, CEO and
                                                        co-founder of XPays and Essociate. "This patent is indicative of the
                                                        foresight and innovation necessary to develop a unique affiliate
                                                        advertising network within a complex and dynamic industry. After our
                                                        initial launch in 1998, XPays endeavored to diversify its affiliate
                                                        program in mid-1999 and soon after Affiliate Pooling became the core of the XPays system."


                                                        "Considering our tremendous respect for intellectual property rights,
                                                        it is very gratifying to receive this type of acknowledgemnt from the
                                                        Patent and Trademark Office," added Landau, CTO and co-founder of both
                                                        companies.


                                                        XPays is an industry leader in the competitive performance-based
                                                        Internet advertising market, bringing together a variety of online
                                                        merchants and affiliates using the patented Affiliate Pooling model.
                                                        XPays currently partners with more than 12,000 affiliates, offering a
                                                        variety of merchants' goods and services to promote. By providing an
                                                        evolving set of tools for affiliates and merchants to combine their
                                                        resources via the XPays model, merchants have increased their brand
                                                        awareness and affiliates have profited from a stable and competitive
                                                        revenue source.


                                                        More information on U.S. Patent 6,804,660 is located at
                                                        <http://patft.uspto.gov/netacgi/nph-P...number=6804660> or a
                                                        PDF may be downloaded from
                                                        <http://essociate.com/patents/US6804660.pdf>.
                                                        \

                                                        glad to see this finally went through. congrats evan.

                                                        Comment

                                                        • BigWebRev
                                                          Confirmed User
                                                          • Aug 2004
                                                          • 1631

                                                          #78
                                                          Originally posted by XPays
                                                          we have paid out tens of millions of dollars.
                                                          in the microsoft deal???

                                                          Comment

                                                          • XPays
                                                            Team Player
                                                            • May 2004
                                                            • 13002

                                                            #79
                                                            Originally posted by A1R3K
                                                            \

                                                            glad to see this finally went through. congrats evan.
                                                            Thanks Airek! Most appreciated!
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                                                            • TheEbonyFelony
                                                              Confirmed User
                                                              • Jun 2003
                                                              • 1964

                                                              #80
                                                              Originally posted by Soul_Rebel
                                                              It's a patent for affiliate shaving. From now on the majority of PPS would have to pay fees to Xpays.


                                                              no you cannot know what im promoting you nosey fucks!

                                                              Comment

                                                              • J B
                                                                Confirmed User
                                                                • May 2002
                                                                • 1804

                                                                #81
                                                                Originally posted by codymc12
                                                                "Advantageously, the present invention allows groups of Webmasters to participate in existing Merchant affiliate systems without the need of joining those Merchant affiliate systems"
                                                                IMHO this really depends on the definitions of 'joining' and 'Merchant affiliate systems'... for example, in the cases of cj.com and dollars.com you need to 'join' each program.


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                                                                • XPays
                                                                  Team Player
                                                                  • May 2004
                                                                  • 13002

                                                                  #82
                                                                  Originally posted by BigWebRev
                                                                  in the microsoft deal???
                                                                  funny - no let me be specific- in affiliate advertising revenues to our affiliate host partners.

                                                                  ms and xpays have settled - old news.
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                                                                  • Mortimer
                                                                    Confirmed User
                                                                    • Oct 2002
                                                                    • 153

                                                                    #83
                                                                    Originally posted by notjoe
                                                                    http://www.cj.com/index.jsp
                                                                    omain Name: CJ.COM

                                                                    Created on..............: Wed, Feb 24, 1999
                                                                    Expires on..............: Tue, Feb 24, 2009
                                                                    Record last updated on..: Mon, Sep 13, 2004

                                                                    Predates the patent filing date i believe
                                                                    this is exactly the website I was thinking about... they've been doing this for a long time now and I am sure someone could find examples that are even older than cj.com

                                                                    but anyways, that only conerns the guys like cj.com, dollars.com, ars, etc. so they'll have to take care of this themselves...
                                                                    The wiseman owns little but knows much, while the fool knows little but owns much

                                                                    Comment

                                                                    • notjoe
                                                                      Confirmed User
                                                                      • May 2002
                                                                      • 5599

                                                                      #84
                                                                      Originally posted by XPays
                                                                      and is not the same invention
                                                                      Isnt it though? A lot of what is in the patent is already done on cj.com, sign up...you might be surprised

                                                                      They use a pool of webmasters, show the best running ads to their webmasters and broker the traffic to merchants, thus making the webmaster a "Virtual Affiliate" of that merchant.

                                                                      Merchants from CJ.com DO post back data about sales and whatnot to CJ, which covers another aspect of your patent.


                                                                      Sounds more and more like one in the same to me.

                                                                      Comment

                                                                      • Mortimer
                                                                        Confirmed User
                                                                        • Oct 2002
                                                                        • 153

                                                                        #85
                                                                        Originally posted by XPays
                                                                        and is not the same invention
                                                                        then I just don't see what the patent is if it is not exactly what cj.com is doing...
                                                                        The wiseman owns little but knows much, while the fool knows little but owns much

                                                                        Comment

                                                                        • codymc12
                                                                          Confirmed User
                                                                          • May 2003
                                                                          • 719

                                                                          #86
                                                                          I'm not going to try and interpret the patent.

                                                                          My understanding of what is meant by saying 'non predatory' is that an idea/software has been patented that provides a unique service within an existing framework. The existing framework is not infringing, but the patent holder gets exclusive rights to provide the service/software for whatever period of time.

                                                                          Such as - if someone had patented cascading billing first. Affilate systems wouldn't be infringers, neither would merchant gateways, or password protection/tracking software, etc. BUT - if someone had patented that idea, then they'd be the only ones on the market allowed to get paid for providing it. You'd have nats or MPA2 exclusively, for example.

                                                                          This seems to be in that area - although the question of whether or not it's an entirely new service, that no one is infringing on, is something that remains to be seen. But I don't see from reading it that existing affliate systems, cascading billing, etc, etc are included in the 'infringers' category.

                                                                          Not a lawyer, just my
                                                                          Last edited by codymc12; 10-14-2004, 01:12 PM.

                                                                          Comment

                                                                          • XPays
                                                                            Team Player
                                                                            • May 2004
                                                                            • 13002

                                                                            #87
                                                                            Originally posted by Mortimer
                                                                            then I just don't see what the patent is if it is not exactly what cj.com is doing...
                                                                            please do not ask whether particular programs are infringing, as i will not answer any such questions.

                                                                            please read/evaluate the patent. there are some specific non-legal examples in the patent that webmasters will find easy to grasp starting at page 19 column 2 of the pdf.

                                                                            please remember that this not a predatory patent, so any comparisons to acacia are a bit naive and reflexive.
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                                                                            • tical
                                                                              Confirmed User
                                                                              • Feb 2002
                                                                              • 6504

                                                                              #88
                                                                              Originally posted by codymc12
                                                                              "Advantageously, the present invention allows groups of Webmasters to participate in existing Merchant affiliate systems without the need of joining those Merchant affiliate systems"

                                                                              "An invention is disclosed for Internet based affiliate pooling across existing affiliate system boundaries."
                                                                              Am I understanding this right?

                                                                              Example:
                                                                              "Xpays Site" works with TCG/ARS/Epic Cash/Etc

                                                                              This site offers webmasters an opportunity to signup to 1 place and send traffic to a plethora of adult sites across any sponsor through your program (probably for a higher payout since I'm sure there will be volume deals you can pass on to the webmasters).

                                                                              Then you guys probably take a small % off the top but not enough to effect the webmasters decision of promoting through you (see volume deals above). Payments are made through you guys rather than the primary sponsor (who is paying you).

                                                                              This would probably force a little more quality to come from the primary sponsors as far as websites and content go as well... If the industry adopted something like this, it would really up the competition bar between programs.

                                                                              Am I close?
                                                                              112.020.756

                                                                              Comment

                                                                              • mardigras
                                                                                Bon temps!
                                                                                • Feb 2003
                                                                                • 14194

                                                                                #89
                                                                                Wow, fast thread!

                                                                                The industry doesn't have to worry about the government shutting them down, it will be fee'd to death before they ever have to
                                                                                .

                                                                                Comment

                                                                                • Anothers
                                                                                  Confirmed User
                                                                                  • Nov 2001
                                                                                  • 219

                                                                                  #90
                                                                                  Wow it's amazing congrats.

                                                                                  Hey look all europe and the rest of the world already cares about this patent.

                                                                                  Comment

                                                                                  • SmokeyTheBear
                                                                                    ►SouthOfHeaven
                                                                                    • Jun 2004
                                                                                    • 28609

                                                                                    #91
                                                                                    Anyone want this boiled down to english...


                                                                                    They are patenting the idea of using MULTIPLE programs/company's all in one complete package for an affiliate to use.

                                                                                    Im not a patent lawyer nor do i have a great deal of legal experience, but this shouldn't worry those who already have affiliate programs running. If anything this seems like a step in the right direction ( providing you are willing to use xpays system to combine your affiliates with NUMEROUS merchants and vice-versa. )

                                                                                    Alot of times the patent leaves alot of gray area, but from the sounds of it, this isn't an acacia type patent scam..

                                                                                    xpays are actually offering a new service not trying to collect off an old service.

                                                                                    If i'm wrong please elaborate..
                                                                                    hatisblack at yahoo.com

                                                                                    Comment

                                                                                    • Rich
                                                                                      So Fucking Banned
                                                                                      • Jan 2003
                                                                                      • 11486

                                                                                      #92
                                                                                      Originally posted by XPays
                                                                                      please do not ask whether particular programs are infringing, as i will not answer any such questions.
                                                                                      Originally posted by XPays
                                                                                      and is not the same invention

                                                                                      Comment

                                                                                      • Headless
                                                                                        Registered User
                                                                                        • Jan 2001
                                                                                        • 26727

                                                                                        #93
                                                                                        Interesting stuff here...

                                                                                        Comment

                                                                                        • Rich
                                                                                          So Fucking Banned
                                                                                          • Jan 2003
                                                                                          • 11486

                                                                                          #94
                                                                                          Originally posted by XPays
                                                                                          we have paid out tens of millions of dollars and our program is commercially viable and growing.
                                                                                          not today I'd be willing to wager.

                                                                                          Comment

                                                                                          • Mortimer
                                                                                            Confirmed User
                                                                                            • Oct 2002
                                                                                            • 153

                                                                                            #95
                                                                                            Well, I took the time to read column 2 on page 19 in the pdf, and I now get the jist of it. Sounds like a good idea, and I understand a little better where xpays is going with this. Take the time to read this part of the pdf and you'll get it all in a few seconds.

                                                                                            BTW xpays, do you already have a system that uses the ideas from this patent, or is it in development?
                                                                                            The wiseman owns little but knows much, while the fool knows little but owns much

                                                                                            Comment

                                                                                            • EZRhino
                                                                                              Confirmed User
                                                                                              • Jul 2003
                                                                                              • 6258

                                                                                              #96
                                                                                              Originally posted by SmokeyTheBear
                                                                                              Anyone want this boiled down to english...


                                                                                              They are patenting the idea of using MULTIPLE programs/company's all in one complete package for an affiliate to use.

                                                                                              Im not a patent lawyer nor do i have a great deal of legal experience, but this shouldn't worry those who already have affiliate programs running. If anything this seems like a step in the right direction ( providing you are willing to use xpays system to combine your affiliates with NUMEROUS merchants and vice-versa. )

                                                                                              Alot of times the patent leaves alot of gray area, but from the sounds of it, this isn't an acacia type patent scam..

                                                                                              xpays are actually offering a new service not trying to collect off an old service.

                                                                                              If i'm wrong please elaborate..
                                                                                              If this true then X-Pays has done a really great job and congrats is in order.

                                                                                              Comment

                                                                                              • polish_aristocrat
                                                                                                Too lazy to set a custom title
                                                                                                • Jul 2002
                                                                                                • 40377

                                                                                                #97
                                                                                                Originally posted by XPays
                                                                                                Thank you! We will be issuing statements next month and appreciate the congratulations. We have waited years for this day to come
                                                                                                Sounds like you're taking over.

                                                                                                Are you going to hire board reps?
                                                                                                I don't use ICQ anymore.

                                                                                                Comment

                                                                                                • tony299
                                                                                                  lurker
                                                                                                  • Aug 2002
                                                                                                  • 57021

                                                                                                  #98
                                                                                                  comissionjunction.com has been doing this 4 years

                                                                                                  Comment

                                                                                                  • vas
                                                                                                    Confirmed User
                                                                                                    • Dec 2003
                                                                                                    • 562

                                                                                                    #99
                                                                                                    sounds to me like xpays is playing games, and giving us the runaround as to what the patent really covers.. i will wait for a legal opinion before comming to judgement about this patent,

                                                                                                    if its a legitimate patent then congrats are in order.. otherwise a big fuck you is in order.
                                                                                                    icq: 375956791

                                                                                                    Comment

                                                                                                    • scoreman
                                                                                                      Confirmed User
                                                                                                      • Nov 2001
                                                                                                      • 1491

                                                                                                      #100
                                                                                                      I haven't spent a second reading the patent but I can say that reading this thread sure has been fun.
                                                                                                      Last edited by scoreman; 10-14-2004, 01:35 PM.

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