We have reached a confidential settlement agreement with Facebook, Inc. ("Facebook") arising out of the Complaint they filed on April 13, 2011 against FriendFinder Networks Inc. and related companies ("FriendFinder"), and against members of our affiliate program who have used "facebook” or “facebook of sex” as part of branding or a domain name. In that regard, subject to your signing and complying with the attached Confidential Limited Release, Facebook has agreed to release you from alleged damages stemming from the past use of these terms.
We are outlining our understanding of some of the basic terms below in a question/answer format, but this should not be considered legal advice, is non-binding, and should not be relied upon by you in entering into the release. Please review the attached with your legal counsel.
1. What do affiliates need to do to obtain a release?
You must sign the attached agreement and stop using facebook or facebook of sex as a domain, business name or trademark or in any branding in the future; and you must transfer ownership and control of all domains you own that include “facebook” or any phonetically comparable term to Facebook. With regard to the release agreement:
a. Please insert your COMPANY NAME [or your individual name if you do not operate as a company] in the blank in the first paragraph of the Confidential Limited Release. Your company [or you individually, if applicable] will be referred to from there as the "Released Party."
b. (1) Please identify any DOMAINS that you owned and operated that incorporate the term facebook or any phonetically comparable term and that you are transferring to Facebook in the blanks under paragraph B. The failure to include all domains incorporating or using the name facebook or a phonetically comparable term in the domain may invalidate the release and constitute a breach of the agreement.
(2) If you used "Facebook" ONLY in a subdomain or path, and DO NOT OWN ANY DOMAINS that incorporate facebook, you are still eligible for a release, provided you disclose all of those locations and meet the other requirements. Fill in all applicable URLs under Paragraph B, and cross out Paragraph C. Failure to disclose all URLs you used may invalidate the release and constitute a breach of the agreement.
(3) IF YOU DID NOT OWN OR OPERATE A DOMAIN, SUBDOMAIN, OR PATH THAT INCORPORATES FACEBOOK, THE RELEASE IS NOT AVAILABLE TO YOU. However, Facebook may still be willing to offer a release in exchange for certain assurances that you have ceased use of allegedly infringing marks and will not use infringing marks in the future. If you are interested in discussing such a potential release with Facebook, please contact Gretchen Smith at [email protected].
c. Please supply the name, title, address, telephone number, and email of your attorney or other person to whom NOTICE on your behalf may be given in the blank space under paragraph 19.
d. Please have an AUTHORIZED Person sign and date the document in the space under "Released Party" at the end of the agreement. Please be sure to include the authorized signatory's name and title under the signature.
2. To whom should I send the signed release document?
Please send an original version of the signed release to:
Ricardo Martinez
220 Humboldt Court
Sunnyvale, CA 94089
Direct: (408) 745-5408
Fax: (408) 519-3716
Mr. Martinez will forward releases received to Facebook for review and signature. If signed, Mr. Martinez will forward to you a fully-signed copy of the release upon receipt from Facebook.
3. Whom should I contact to transfer a facebook-related domain name?
Please contact Matthew Schmitt who will provide further instructions.
Matthew Schmitt
[email protected]
220 Humboldt Ct.
Sunnyvale, CA 94089
Direct: 408.745.5551
Fax: 408.745.5675
4. What happens if I comply with No. 1 above?
You will be released for certain past damages that could be claimed by Facebook for use of “facebook” or phonetically comparable terms as part of the domains that you disclose in the release.
5. What happens if I do not sign the agreement and/or comply with its terms?
You risk a lawsuit, legal expenses, and potential damages associated with defending claims brought by Facebook. FriendFinder will not be in a position to assist you in defending any such action.
We are outlining our understanding of some of the basic terms below in a question/answer format, but this should not be considered legal advice, is non-binding, and should not be relied upon by you in entering into the release. Please review the attached with your legal counsel.
1. What do affiliates need to do to obtain a release?
You must sign the attached agreement and stop using facebook or facebook of sex as a domain, business name or trademark or in any branding in the future; and you must transfer ownership and control of all domains you own that include “facebook” or any phonetically comparable term to Facebook. With regard to the release agreement:
a. Please insert your COMPANY NAME [or your individual name if you do not operate as a company] in the blank in the first paragraph of the Confidential Limited Release. Your company [or you individually, if applicable] will be referred to from there as the "Released Party."
b. (1) Please identify any DOMAINS that you owned and operated that incorporate the term facebook or any phonetically comparable term and that you are transferring to Facebook in the blanks under paragraph B. The failure to include all domains incorporating or using the name facebook or a phonetically comparable term in the domain may invalidate the release and constitute a breach of the agreement.
(2) If you used "Facebook" ONLY in a subdomain or path, and DO NOT OWN ANY DOMAINS that incorporate facebook, you are still eligible for a release, provided you disclose all of those locations and meet the other requirements. Fill in all applicable URLs under Paragraph B, and cross out Paragraph C. Failure to disclose all URLs you used may invalidate the release and constitute a breach of the agreement.
(3) IF YOU DID NOT OWN OR OPERATE A DOMAIN, SUBDOMAIN, OR PATH THAT INCORPORATES FACEBOOK, THE RELEASE IS NOT AVAILABLE TO YOU. However, Facebook may still be willing to offer a release in exchange for certain assurances that you have ceased use of allegedly infringing marks and will not use infringing marks in the future. If you are interested in discussing such a potential release with Facebook, please contact Gretchen Smith at [email protected].
c. Please supply the name, title, address, telephone number, and email of your attorney or other person to whom NOTICE on your behalf may be given in the blank space under paragraph 19.
d. Please have an AUTHORIZED Person sign and date the document in the space under "Released Party" at the end of the agreement. Please be sure to include the authorized signatory's name and title under the signature.
2. To whom should I send the signed release document?
Please send an original version of the signed release to:
Ricardo Martinez
220 Humboldt Court
Sunnyvale, CA 94089
Direct: (408) 745-5408
Fax: (408) 519-3716
Mr. Martinez will forward releases received to Facebook for review and signature. If signed, Mr. Martinez will forward to you a fully-signed copy of the release upon receipt from Facebook.
3. Whom should I contact to transfer a facebook-related domain name?
Please contact Matthew Schmitt who will provide further instructions.
Matthew Schmitt
[email protected]
220 Humboldt Ct.
Sunnyvale, CA 94089
Direct: 408.745.5551
Fax: 408.745.5675
4. What happens if I comply with No. 1 above?
You will be released for certain past damages that could be claimed by Facebook for use of “facebook” or phonetically comparable terms as part of the domains that you disclose in the release.
5. What happens if I do not sign the agreement and/or comply with its terms?
You risk a lawsuit, legal expenses, and potential damages associated with defending claims brought by Facebook. FriendFinder will not be in a position to assist you in defending any such action.
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