Top Bucks Recent Injunction Compliance Mail

[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 Shelleehale

Or ask the Botto Brothers what it was like.

You know RB? Hmm, maybe I'm wrong about you.

probably not though

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.

Why do we need lawyers when we have you?

[Mediaguy]

Originally Posted by Shelleehale

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.

My whole point was that "compliance" is impossible since TopBucks, regardless of affiliates signing the "acknowledgement", won't be able to know if one of them is spamming until it's too late - just as was the situation with this lawsuit. TopBucks affiliates weren't allowed to spam, yet did.

Originally Posted by Shelleehale

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

Well what did you intend by imputing that affiliates could be fined or jailed? There's no mention of that anywhere and it's not "between the lines" either.

Originally Posted by Shelleehale

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?

I used "supposedly" because whether or not the settlement depended on them withdrawing from online business was irrelevant to the statement you made that they were forced to "shut down". There is no mention or intention of shutting down - there's a discrepancy there.

Originally Posted by Shelleehale

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.

If you promote them and support them, sign the acknowdledgement - you already did when you signed up for their program by accepting their terms of service - no spam, period.

You run no chance of being fined or jailed by not signing their acknowledgement, you'll just be deleted from them and not allowed to promote them anymore.

Originally Posted by Shelleehale

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.

This is good advice, generally. But if you read their actual webmasters communique in the affiliate area and the "acknowledgement" agreement, you'll see it's a repeat of the original terms plus a mention of the injunction against spamming... so unless you plan to spam and try to get away with it or create a newsletter for one of your sites with a double-opt-in without consulting with TopBucks, there's nothing you should worry about signing (eletronically) their agreement.

It's very straightforward, short and free of legalese.

And nowhere threatens fines, jails or waterboarding :P

.