Quote:
Originally posted by Marc De@Oct 6 2003, 02:22 PM
Hey Ken, can you post your contract with Acacia so all your affiliates are aware what type of 'protection' is being offered by being a Hustler / Vivid affiliate? I'm sure there are some loopholes set by Acacia and you really should identify those. You wouldn't want an affiliate assuming they are covered from sending traffic to Hustler / Vivid and then still be sued by Acacia. That could get very costly for Hustler / Vivd themselves (law suits from your affiliate against you because you claimed indemnification and it was false because of loophole a, b, or c)
That is a good move on your part and assuming you have a good agreement I'll be one VERY happy camper 
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Marc,
As Serge pointed out and you know very well, we can't post our contract. However, you do bring up a good point and we would be happy to clarify.
Acacia has agreed to indemnify our affiliates ONLY for traffic they are sending to us. So they would not have a blanket indemnification. They would ONLY be indemnified for the portion of business they are sending to Hustler and Vivid. Basically, this protects them from possible "contributing to infringement". Will Acacia go after affiliates for "contributing"? Who knows. We just thought it would be nice to bundle that in our deal so our affiliates didn't have to deal with this issue should it ever arise.
In no way are we saying that affiliates who are not sending to Hustler and Vivid are going to have problems, nor do we want our settlement to scare anyone. It shouldn't. It was simply the right choice for Hustler and Vivid. It might not be the right choice for everyone.
10-06-2003
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