Acacia's (Berman's) own words..
 

I pulled this from the D$ interview with Berman

"We're only looking to collect on the income stream Once.. You can't collect multiple times on an income stream.. It's simply not allowed.. It's patent issues"

How can they try to charge 100's or 1000's of tgp's and affiliates if they can only collect once from an income stream? Numerous tgp's/affiliates have links to the same videos (income streams)..

"If the website (affiliate program) is paying us, we're not gonna also collect from the affiliate.. It's either gonna be from one or the other."

So if a sponsor has paid for the license, then by his words, that sponsor's affiliates are in the clear.

You better check their definition of affiliate, its nowhere close to ours.

The "standard" contracts on their own website prove "double dipping" ...
stand by for "Webmaster" and "End-User" posts...
brb

because hes a scammer and he knows hes scamming and will try any tactic to get as much cash before the patent is invalidated.

They are reaching so hard its funny.


In his own words he also says the webmaster license is based on subscription revenue. A tgp/linksite has no subscription revenue. So that means they will want 2% of all the money they make from affilaite programs that have video.


The whole acacia thing is kinda pathetic, this thing will blow over in 6 months to a year, but alot of money will be spent on the fight. Then scum like Berman will move onto his next scam.

I know.. he used 'affiliate' as within our use of the term.

Standard Webmaster contract?
<IMG SRC="http://www.sexeducation.com/acacia/acacia_contract_section2-2.jpg" ALT="Screen capture of Acacia PDF Contract File" >

Standard "End User" contract?

<IMG SRC="http://www.sexeducation.com/acacia/acacia_contract_section2-2_ver2.jpg" ALT="Screen capture of Acacia PDF Contract File" >

So in consideration of these two "different" standard contracts?

Webmaster supplier "A" licenses content to Webmaster "B" who then resells that content to an "End User" ...
That's now 4% of sales ...
until they change the rates again - right?

That looks like it's from the content provider's contract.

Both contract quotes are from their website.
Now I see there is also an "AVN" contract ...
the "contracts" I surmize will change as fast as their lawyers and the stock price manipulations...
This smells like the "Enron of IP companies" ...

here is the link to those contracts

:1orglaugh Ahahahaha that's fucking priceless.

No actually he clarified his statement saying that his use of the term "affiliate" by no means reflected our use of the term affiliate.

Not in this case.. I know what you're saying as far as his legal definition of 'affiliate' being different..

But he was answering this question:

"The affiliate marketer, who makes revenue from the site.. He's not gonna have to pay because the partner program's already paying?"

I think that's the content provider contract. :2 cents:

2nd point: Acacia told me that even if you link to a sponsor, and even if that sponsor has paid the licence fee; YOU HAVE TO PAY ACACIA AS WELL!!!....

If they're saying this, then they are admitting that they are doing wrong in that Berman said you can't do that..

yep.

My advice is don't take Berman at his word.

Look at what has happened so far...

Acacia violated confidentiality agreements when they used names like CE to tell everyone who settled.

Berman says things like "Your definition and the legal definition of affiliate are different."

They keep changing their "drop dead" deadlines.

They told their investors that they were not being sued and that they were close to settling with current defendants.

That makes him a double-talking no-count back-stabbing liar in my book.

Yes - I believe you are correct - I'm using my "terminology" ... instead of the "official spin & gag" terminology of the Almighty Acacia.

It seems like it should be a violation of some SEC rule to lie to investors.

It's not only against SEC to lie - but also to purposely not report significant issues which may affect the company.

If I was an investor - I would feel cheated that Homegrown's Litigation was not fully disclosed during the last 3rd Quarter "conference call" when they were asked specifically about "litigation issues" and the reply was "....[pause] NO - real litigation issues to speak of" - or something close.

This stunk from the beggining and it's rot is seeping out slowly - but will seep out none the less. Just keep the pressure on.

I also want to clarify ... because of my current sig and my activisim on GFY ...
That - I am NOT an affiliate of Homegrown.com.
I have never signed up with them nor do I intend to until Acacia blows over. It's not that I don't want to - I do, but people may think the only reason I support Homegrown is because I am an affiliate.

I support Homegrown.com simply because they are doing the right thing. That's it - that's all.

If you have an adult website and need an affiliate program - you should check them out. It definitely appears they do the right thing (ie: no shaving) ....

[chuckle] we all can see what acacias word is actually worth ...

Indubitably. :thumbsup

Sexed: I appreciate the compliments and the support... but I recommend you do some homework about who we are partnered with on our sponsor program. Some people have been suspicious of us since our relationship with CE is seen as a conflict of interest with respect to Acacia.

Everyone is free to draw their own conclusions. Our actions speak for themselves, and whatever settlement CE got does not apply to Homegrown Video.

Homegrownvideo.com is our paysite. Homegrown.com is a canadian music website, but I think I heard they want us to buy the url...

Homegrown Content is our content leasing site. If anyone is looking to support our business right now, then that would be the best place to do it.

Far-L ....
I am not doing any homework on your sites.
I have never visited your sites nor do I intend to.
(they may or may not be ICRA.org rated)

What I know is - you are fighting Acacia because it is the right thing to do - that's all I need to know.

You did NOT take the easy way out.
You did the right thing.

Those looking to support an HONEST corporation should check out your websites and programs.