Xclusive Cash to sue NATS for 5 Million - Page 4 - GoFuckYourself.com

DirtyJ_ExtendedMarketing · 08-24-2006, 03:05 PM

http://www.gofuckyourself.com/showpo...0&postcount=38

DirtyJ_ExtendedMarketing · 08-24-2006, 03:05 PM

http://www.gofuckyourself.com/showpo...0&postcount=38

Degenerate · 08-24-2006, 03:07 PM

ill take 50

crockett · 08-24-2006, 03:08 PM

Ha I made it into the complaint... that's awesome.. Hopefully they pick up a few more of my quotes that I added today..

ronaldo · 08-24-2006, 03:09 PM

Quote:

Originally Posted by Quick Buck

i 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".

Sorry, 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.

RRRED · 08-24-2006, 03:09 PM

Quote:

Originally Posted by SiMpLe

Call me

Trying to break away here... gimmie 30ish

Jace · 08-24-2006, 03:10 PM

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. NR

JFK · 08-24-2006, 03:10 PM

Quote:

Originally Posted by crockett

Ha I made it into the complaint... that's awesome.. Hopefully they pick up a few more of my quotes that I added today..

WOW.......your fifteen minutes are here

Degenerate · 08-24-2006, 03:12 PM

Quote:

Originally Posted by crockett

Ha I made it into the complaint... that's awesome.. Hopefully they pick up a few more of my quotes that I added today..

I dont know if thats a good thing

Kimmykim · 08-24-2006, 03:13 PM

Quote:

Originally Posted by ronaldo

Sorry, 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.

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.

I was actually really surprised to hear about that particular feature of NATS on the permanent licensing.

Degenerate · 08-24-2006, 03:18 PM

Quote:

Originally Posted by Kimmykim

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.

I was actually really surprised to hear about that particular feature of NATS on the permanent licensing.

In addition to that, I highly doubt we will be hearing from either party until a resolution is met by them.

BTW, Kim, didn't you used to defend NATS in the past?

Sparks · 08-24-2006, 03:24 PM

Hmm, this should be interesting. I don't see how they have a case.

uno · 08-24-2006, 03:24 PM

Quote:

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.

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.

Manowar · 08-24-2006, 03:28 PM

$5mill is tons

Degenerate · 08-24-2006, 03:29 PM

Quote:

Originally Posted by Manowar

$5mill is tons

Happy you got your +1 post count?

xxxice · 08-24-2006, 03:43 PM

This big drama

willow · 08-24-2006, 03:47 PM

Quote:

Originally Posted by uno

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.

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.

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.

beemk · 08-24-2006, 03:47 PM

Quote:

Originally Posted by Jace

Maybe $5million is the amount that is owed to affiliates, and that is how they are going to recoup that money since Brandi and Chris are obviously too broke to pay that money back out

Furious_Male · 08-24-2006, 03:50 PM

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.

Degenerate · 08-24-2006, 03:53 PM

Quote:

Originally Posted by Furious_Male

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.

I agree... people like PimpleDog will be fucked.

08-24-2006, 04:04 PM

That's a big nut to ask for from a company as small-midsized as it is.

Also, never once did I hear anybody from TMM mention "shaving".

Doctor Dre · 08-24-2006, 04:07 PM

LMAO. Adress your problems first and there won't be problems like that. What a stupid move by xclusive.

modF · 08-24-2006, 04:46 PM

Quote:

Originally Posted by quantum-x

http://avnonline.com/imagearchive/27...dComplaint.pdf

Just to clariry for page 16, it is "modF" not "ModF". In addition, he or she happens to be a "he".

Wouldn't it be nice if NR resovled the issue before throwing around these interesting lawsuits?

Juicy D. Links · 08-24-2006, 05:02 PM

interestingggggggggggggg

tranza · 08-24-2006, 05:08 PM

They are pretty much dead now...

LiveDose · 08-24-2006, 05:50 PM

This action was inevitable after that first post that started all this.

wjxxx · 08-24-2006, 05:55 PM

You can buy shitload of niggers for 5 mil$

Rice_Master · 08-24-2006, 06:34 PM

Quote:

Originally Posted by wjxxx

You can buy shitload of niggers for 5 mil$

you sir are a fuckning idiot.

BoyAlley · 08-24-2006, 06:35 PM

Quote:

Originally Posted by wjxxx

You can buy shitload of niggers for 5 mil$

I wonder if this will make it into the court filings?

SonOfJesus · 08-24-2006, 06:50 PM

I have returned my children.

Degenerate · 08-24-2006, 07:17 PM

Quote:

Originally Posted by SonOfJesus

I have returned my children.

Fill us in then.

mailman · 08-24-2006, 07:21 PM

Quote:

Originally Posted by SonOfJesus

I have returned my children.

Rejoice?

HorseShit · 08-24-2006, 07:22 PM

hows sluttystars

Pleasurepays · 08-24-2006, 07:25 PM

Quote:

Originally Posted by Jace

the 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"

davidd · 08-24-2006, 07:47 PM

blah blah

MediumPimpin · 08-24-2006, 07:55 PM

Quote:

Originally Posted by Doctor Dre

LMAO. Adress your problems first and there won't be problems like that. What a stupid move by xclusive.

It seems that simple to me fix the rebills pay up, wtf is the problem?

FlexxAeon · 08-24-2006, 07:59 PM

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.

Degenerate · 08-24-2006, 08:04 PM

Well, look at the bright side, at least there are only about 200 webmasters at MAX waiting on payments.

BoyAlley · 08-24-2006, 08:07 PM

Quote:

Originally Posted by Degenerate

Well, look at the bright side, at least there are only about 200 webmasters at MAX waiting on payments.

spacedog · 08-24-2006, 08:11 PM

Hopefully now that mouthy little fuck will learn his lesson.

Jace · 08-24-2006, 08:11 PM

Quote:

Originally Posted by FlexxAeon

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.

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 paid

NR didn't go fo that

Scootermuze · 08-24-2006, 08:15 PM

Quote:

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

Private??

Message boards that can be read my anyone without any registration requirements can hardly be considered private..

SomeCreep · 08-24-2006, 08:23 PM

I predict John from NATS will never post anything ever again, regarding NATS and issues with companies using that software.

FlexxAeon · 08-24-2006, 08:34 PM

Quote:

Originally Posted by Jace

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 paid

NR didn't go fo that

well now......that's um......err....uh...

AbulletAway · 08-24-2006, 08:35 PM

Quote:

Originally Posted by Degenerate

Care 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.

tony286 · 08-24-2006, 09:21 PM

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.

BluMedia · 08-24-2006, 09:24 PM

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.

Mark

spacedog · 08-24-2006, 09:30 PM

Quote:

Originally Posted by BluMedia

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.

Mark

so, now it's xclusive cash's fault nats didn't track right?

JMM · 08-24-2006, 09:45 PM

Quote:

Originally Posted by BluMedia

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.

Mark

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.

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.

Shoplifter · 08-24-2006, 09:47 PM

Quote:

Originally Posted by crockett

Well 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..

08-24-2006, 03:05 PM	#151
DirtyJ_ExtendedMarketing Confirmed User Join Date: Nov 2003 Posts: 375	http://www.gofuckyourself.com/showpo...0&postcount=38 __________________ High Quality Domains for Sale - No Reserve Prices - Many ANY Offer Part vampire, Part warrior, Carnivore and voyeur

08-24-2006, 03:05 PM	#152
DirtyJ_ExtendedMarketing Confirmed User Join Date: Nov 2003 Posts: 375	http://www.gofuckyourself.com/showpo...0&postcount=38 __________________ High Quality Domains for Sale - No Reserve Prices - Many ANY Offer Part vampire, Part warrior, Carnivore and voyeur

08-24-2006, 03:07 PM	#153
Degenerate Confirmed User Join Date: May 2006 Location: USA Posts: 1,294	ill take 50 __________________ .

08-24-2006, 03:08 PM	#154
crockett in a van by the river Industry Role: Join Date: May 2003 Posts: 76,806	Ha I made it into the complaint... that's awesome.. Hopefully they pick up a few more of my quotes that I added today.. __________________ In November, you can vote for America's next president or its first dictator.

08-24-2006, 03:50 PM	#169
Furious_Male Doing the grind since 99 Industry Role: Join Date: Oct 2003 Location: Buffalo NY Posts: 16,881	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:shanedws

08-24-2006, 03:10 PM	#157
Jace FBOP Class Of 2013 Industry Role: Join Date: Jan 2004 Location: bumfuck, ky Posts: 35,562	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. NR

08-24-2006, 03:24 PM	#162
Sparks Confirmed User Join Date: Nov 2004 Location: Southern CA Posts: 2,466	Hmm, this should be interesting. I don't see how they have a case.

08-24-2006, 03:28 PM	#164
Manowar jellyfish Join Date: Dec 2003 Posts: 71,528	$5mill is tons

08-24-2006, 03:43 PM	#166
xxxice Confirmed User Join Date: Feb 2002 Posts: 5,042	This big drama

08-24-2006, 04:04 PM	#171
shermo Guest Posts: n/a	That's a big nut to ask for from a company as small-midsized as it is. Also, never once did I hear anybody from TMM mention "shaving".

08-24-2006, 05:02 PM	#174
Juicy D. Links So Fucking Banned Industry Role: Join Date: Apr 2001 Location: N.Y. -Long Island -- Posts: 122,992	interestingggggggggggggg

08-24-2006, 05:08 PM	#175
tranza ICQ: 197-556-237 Join Date: Jun 2003 Location: BRASIL !!! Posts: 57,559	They are pretty much dead now... __________________ I'm just a newbie.

08-24-2006, 05:50 PM	#176
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	This action was inevitable after that first post that started all this. __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

08-24-2006, 05:55 PM	#177
wjxxx So Fucking Banned Join Date: Feb 2005 Posts: 4,448	You can buy shitload of niggers for 5 mil$

08-24-2006, 06:50 PM	#180
SonOfJesus Registered User Join Date: Aug 2006 Location: Heaven and Earth Posts: 47	I have returned my children. __________________ GFY Nick of the Year - 2006 Holy figure/Spirit of the year - 0000AC - 2006AC

08-24-2006, 07:22 PM	#183
HorseShit Too lazy to set a custom title Join Date: Dec 2004 Posts: 17,513	hows sluttystars

08-24-2006, 07:47 PM	#185
davidd Confirmed User Industry Role: Join Date: Jul 2003 Posts: 1,076	blah blah Last edited by davidd; 08-24-2006 at 07:48 PM..

08-24-2006, 07:59 PM	#187
FlexxAeon Confirmed User Industry Role: Join Date: May 2003 Posts: 3,765	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] gmail

08-24-2006, 08:04 PM	#188
Degenerate Confirmed User Join Date: May 2006 Location: USA Posts: 1,294	Well, look at the bright side, at least there are only about 200 webmasters at MAX waiting on payments. __________________ .

08-24-2006, 08:11 PM	#190
spacedog Yes that IS me. Bitch. Industry Role: Join Date: Nov 2001 Posts: 14,149	Hopefully now that mouthy little fuck will learn his lesson.

08-24-2006, 08:23 PM	#193
SomeCreep :glugglug Join Date: Mar 2003 Location: Where the Wild Things Are Posts: 26,118	I predict John from NATS will never post anything ever again, regarding NATS and issues with companies using that software. __________________ Webair Hosting I use and recommend Webair for hosting.

08-24-2006, 09:21 PM	#196
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	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.

08-24-2006, 09:24 PM	#197
BluMedia Confirmed User Industry Role: Join Date: Dec 2002 Location: Colorado Posts: 3,973	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. Mark __________________ IntenseCash - If you can't convert us then you might want to look for a new job . BrokeStraightBoys.com converting 1:124 stats counted by Nats