Top Bucks Recent Injunction Compliance Mail

[sarettah]

Originally Posted by Shelleehale

My point was that you don't see the implications of violating the injunction and it is a fact - Ask your legal counsel; violating the injunction or the law can result in a fine or jail time, etc. even if your not a Top Bucks affiliate.

And as I stated. If you are in the U.S. and mailing and do not know the implications of CAN-SPAM then you are already in trouble. The injunction forces TopBucks to inform their affiliates that they must comply with CAN-SPAM. Period as far as the affiliates are concerned.

A fair analogy to what you are trying to do here would be ragging about a car dealer not telling you that speeding is illegal.

drawn out explanation including my resume and net worth to validate a personal opinion on Oprano about an affiliate program caught spamming or another one getting sued.

lolol.. Another one. Another asshole in the biz sayng I have money so therefore I am important and should be listened to.

That don't mean shit around here.

If your resume is full of experience in the internet and specifically the adult internet it might be worth something here. Otherwise, again, it don't mean squat.

I know more about the legal complaints, legislation, proposed bills etc on the horizon than you do

You really are an arrogant bitch, aren't you. You have no idea what I know or don't know or what my experience is in this biz or the world in general.

I work really hard at things I don't often get credit for that is the honor of consulting your paid to let other people have the lime light with your ideas.

That sounds like your own choice, get over it.

[EmporerEJ]

Personally, I think the government is achieving their goal-

Making us eat each other.


Can we try to get back to the part about "Us" VS. "THEM" that are trying to kill us and put us out of business?

[gonzo]

Originally Posted by EmporerEJ

Personally, I think the government is achieving their goal-

Making us eat each other.


Can we try to get back to the part about "Us" VS. "THEM" that are trying to kill us and put us out of business?

Aint gonna happen. You got people that smell blood.
Affilaites wanting to demand higher percentages for their traffic because they live in Europe.

Its only just begun!

[mojobill]

Pretty simply put... you can do what they ask, even though you had nothing to do with it... or you can move your links, and cut your ties....

Friend sent me this link: http://www.avn.com/internet/articles/3433.html

The most interesting part from the article. "The settlement was also made possible by Cyberheat's planned departure from the business of owning and promoting websites."

[gonzo]

Originally Posted by mojobill

Pretty simply put... you can do what they ask, even though you had nothing to do with it... or you can move your links, and cut your ties....

Friend sent me this link: http://www.avn.com/internet/articles/3433.html

The most interesting part from the article. "The settlement was also made possible by Cyberheat's planned departure from the business of owning and promoting websites."

I keep pointing that out. Glad to see someone else saw it.

[bluemoney]

Originally Posted by EmporerEJ

Personally, I think the government is achieving their goal-Making us eat each other.

In that case I call "dibs" to pair up with Nymph

[Nymph]

Originally Posted by bluemoney

In that case I call "dibs" to pair up with Nymph

If you hold me before & after (durring if possible) in your strong arms sweetie...I'm all yours

(I've given up on playing hard to get)

[2MuchMark]

I was thinking that it is amazing that a statement that is as clear cut as the one from TopBucks can so blown out of proportion by Shellee Hale.

...has dodged maximum penalties
...you must obey it or you could be fined, go to jail, or worst
...violating the injunction or the law can result in a fine or jail time, etc. even if your not a Top Bucks affiliate.

It is a testament to the ability of the Republicans to stay on message: "Be Scared, America."

[helix]

If you had questions, disagreement, or a lack of understanding of the intent of the TopBucks email, why not contact them and ask for clarification before you make a post on an industry board?

Unless drama was your intent.

[Sexyteaser]

The "watchful eye" comment is easily supported, because I bet the Consent Decree requires the FTC to monitor compliance and report back to the court. Any failure to comply with the decree would expose you to contempt sanctions, and to further prosecution. Ask Brian Schuster of Xpics what being saddled with an FTC Consent Decree will do for your business over the long run. Or ask the Botto Brothers what it was like.

This is all a very tortured interpretation of my intention for this post!

Let me take you back to this comment you made Greg "It's not shutting down." and bring your attention to this:

The settlement as it stands was supposedly "made possible by Cyberheat's planned departure from the business of owning and promoting websites".

Was Cyberheat planning on "departing" the paysite business before?

Are they not being forced OUT of business by the DOJ?

Now let me just ask why you think that I am stirring up drama and fear around something that concerned me and affects the business I am fully invested in and a progrram I am supporting? I am just trying to operate a law abiding and consumer oriented company in the adult space - that is my choice.

I still believe that legal counsel should be advised before agreeing to these terms with Top Bucks - when you all have done that come back and let's talk further.

[sarettah]

Originally Posted by helix

Unless drama was your intent.

No, Helix, that couldn't be the reason for the thread. Man, don't you realize that she is just trying to educate and inform all of us who are unedumacated and uninformed.

She is trying to do us a service, ya know?









Yeah, that's the ticket

[bluemoney]

Originally Posted by Nymph

If you hold me before & after (durring if possible) in your strong arms sweetie...I'm all yours

(I've given up on playing hard to get)

[Sexyteaser]

I just thought the following would have been imporant information to provide:

Main Points of the Can-Spam Act

• Outlaws the use of false or misleading headers.
• Outlaws the use of deceptive subject lines.
• Requires a clear and conspicuous opt-out mechanism within every commercial email.
• Requires the inclusion of a valid physical postal address within every commercial email.

The FTC (Federal Trade Commission) will be strict in their enforcement of the Can-Spam law and violators may be subject to “cease and desist” orders or penalties up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders will also be subject to prison time.

I guess we know that legitimate email marketers (such as yourself!) will likely not have to worry about the consequences mentioned above but it’s important to know about the seriousness of this law and how it pertains to affiliate marketing and current prosecutorial motives.

After reviewing the acknowlegment I believe the US Attorney will not be happy with the notice by Top Bucks and ask that it be revised and re- issued. I guess you all disagree with that and are just fine with giving your acknowledgment to the US Attorney's office to support future litigation against you if you are found non-compliant or if someone spams without your knowledge under your domain name or email address and are falsely accused and forced to defend yourself. Good luck with Top Bucks giving you all free legal advise on this one, they couldn't keep themselves out of litigation but maybe they will keep you from it but it looks to me like staying an affiliate and acknowleging this agreement you will be under the "watchful eye."

[sarettah]

Originally Posted by Shelleehale

I just thought the following would have been imporant information to provide:

Main Points of the Can-Spam Act

• Outlaws the use of false or misleading headers.
• Outlaws the use of deceptive subject lines.
• Requires a clear and conspicuous opt-out mechanism within every commercial email.
• Requires the inclusion of a valid physical postal address within every commercial email.

The FTC (Federal Trade Commission) will be strict in their enforcement of the Can-Spam law and violators may be subject to “cease and desist” orders or penalties up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders will also be subject to prison time.

I guess we know that legitimate email marketers (such as yourself!) will likely not have to worry about the consequences mentioned above but it’s important to know about the seriousness of this law and how it pertains to affiliate marketing and current prosecutorial motives.

After reviewing the acknowlegment I believe the US Attorney will not be happy with the notice by Top Bucks and ask that it be revised and re- issued. I guess you all disagree with that and are just fine with giving your acknowledgment to the US Attorney's office to support future litigation against you if you are found non-compliant or if someone spams without your knowledge under your domain name or email address and are falsely accused and forced to defend yourself. Good luck with Top Bucks giving you all free legal advise on this one, they couldn't keep themselves out of litigation but maybe they will keep you from it but it looks to me like staying an affiliate and acknowleging this agreement you will be under the "watchful eye."

Shellee, out of respect for DK, and in my new spirit of being a nice person (it's hard, but I am trying).

I think pretty much everyone on this board is all quite familiar with the CAN-SPAM law and it's ramifications.

Your last paragraph applies to everyone in the business whether they are affiliated with TopBucks or not. If someone spams from one of my domains, I will probably get called on it, whether I agree to the topbucks injunction or not. If I spam I will get called on it whether I agree to the injunction or not.

SPAM is illegal period. Agreeing to the injunction just states that you know you are not allowed to SPAM TopBucks sites. If someone didn't already know that then they were clueless to start with.

[sarettah]

Originally Posted by EmporerEJ

Personally, I think the government is achieving their goal-

Making us eat each other.


Can we try to get back to the part about "Us" VS. "THEM" that are trying to kill us and put us out of business?

I don't think so at least if you are referring to this thread.

ShelleeHole is, imho, an enemy of this biz. (a clueless enemy perhaps, but still an enemy)

[DragonKing]

Sarettah, Your a nasty mean person,

there is one thing to disagree with someone, It's another to personally attack someone who is a very nice person if you took the time to know her instead of bashing her.

So what if you don't like her or agree with her, is calling her a Hole needed?
She is after all someones mother, sister, wife daughter.

Stop being a bully and treat women with an ounce of respect.

[sarettah]

Originally Posted by DragonKing

Sarettah, Your a nasty mean person

Yeah, so what else is new?? You could have asked my kids and found out that much.

there is one thing to disagree with someone, It's another to personally attack someone who is a very nice person if you took the time to know her instead of bashing her.

Yeah, TokyoRose was a nice lady too. The enemy is still the enemy, no matter how nice they are.


What's it matter anyway, I am nobody (just ask Jace).

[Mediaguy]

Originally Posted by DragonKing

So what if you don't like her or agree with her, is calling her a Hole needed?

Obviously that was a typo... right?

[sarettah]

Originally Posted by Mediaguy

Obviously that was a typo... right?

Yeah, The O is too close to the A on my keyboard. Yeppirs, that's the ticket

[DragonKing]

If I felt threatened by one noobie poster I guess i'd be an angry person too.

btw I don't have to ask Jace..
I know exactly who you are.

[2MuchMark]

Shelle: You said:

...making a positive difference and shape the future of this industry and the laws and cases being filed by working as hard as I do lobbying our legislators, senators, congressmen ...

Can you show us any letters or emails you have sent to any congressmen or senators in regards to the Adult Internet Industry? Can you please provide their contact info, as well as their replies to you? As a member of this industry I would very much like to you know what you are saying to them on our behalf. Also, I have never lobbied for anything and am very curious as to how it is done, the protocol that would be followed, etc.

Thanks.