Top Bucks Recent Injunction Compliance Mail

[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.

[Mediaguy]

Originally Posted by sarettah

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

You are just as effective if not more so as a "nice" person...though i'll miss the old sarettah tho...

[Sexyteaser]

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.

Actually, lawyers are hired to read between the lines, and when they want to read between the lines of a Civil Consent Decree like the one Cyberheat agreed to, they read things like

Restonic Charged With Criminal Contempt
Court Finds Smith and Schlumberger Guilty of Criminal Contempt for Violating Consent Decree
Criminal Contempt for Violation of Consent Decree in Fair Labor Standards Act Case
FTC Holds Owner of Funderal Home In Criminal Contempt in 2002 for Violating Consent Decree He Entered into Ten Years Before


A finding of criminal contempt for violating a Consent Decree is proper under City of Richmond v. Thornton, 548 F.2d 123
when it is "proved beyond a reasonable doubt that a person willfully, contumaciously, intentionally, or with a wrongful state of mind, violated a decree which was definite, clear, specific, and left no doubt or uncertainty in the minds of those to whom it was addressed."

These legal principles should put rest to the notion that a Consent Decree enforcing CANSPAM regulations is of no greater legal effect than the CANSPAM act itself.

But if you need it made clearer, check out this brief by the Department of Justice, that says:

A key purpose of having clear, objective prohibitions in a consent decree is to avoid future litigation .... A Final Judgment can validly prohibit transactions, even if those transactions would not themselves independently violate the ... laws. A court's equitable power is broad, and not limited to enjoining illegal activity. The court can also impose prophylactic or remedial provisions that prohibit otherwise legal conduct if it concludes that those measures are an aid to, or are necessary or important for, ensuring effective relief.

Prophylactic relief -- or remedial provisions -- Now that I think of it, that's exactly what an industry full of jerkoffs and strung out on Viagra needs!

[Mediaguy]

Originally Posted by Shelleehale

Actually, lawyers are hired to read between the lines, and when they want to read between the lines of a Civil Consent Decree like the one Cyberheat agreed to, they read things like

Restonic Charged With Criminal Contempt
Court Finds Smith and Schlumberger Guilty of Criminal Contempt for Violating Consent Decree
Criminal Contempt for Violation of Consent Decree in Fair Labor Standards Act Case
FTC Holds Owner of Funderal Home In Criminal Contempt in 2002 for Violating Consent Decree He Entered into Ten Years Before


A finding of criminal contempt for violating a Consent Decree is proper under City of Richmond v. Thornton, 548 F.2d 123
when it is "proved beyond a reasonable doubt that a person willfully, contumaciously, intentionally, or with a wrongful state of mind, violated a decree which was definite, clear, specific, and left no doubt or uncertainty in the minds of those to whom it was addressed."

These legal principles should put rest to the notion that a Consent Decree enforcing CANSPAM regulations is of no greater legal effect than the CANSPAM act itself.

But if you need it made clearer, check out this brief by the Department of Justice, that says:

A key purpose of having clear, objective prohibitions in a consent decree is to avoid future litigation .... A Final Judgment can validly prohibit transactions, even if those transactions would not themselves independently violate the ... laws. A court's equitable power is broad, and not limited to enjoining illegal activity. The court can also impose prophylactic or remedial provisions that prohibit otherwise legal conduct if it concludes that those measures are an aid to, or are necessary or important for, ensuring effective relief.

Prophylactic relief -- or remedial provisions -- Now that I think of it, that's exactly what an industry full of jerkoffs and strung out on Viagra needs!

This might be fine if Cyberheat trangresses their consent brief but has nothing to do with me or an affilliate who signs or doesn't.

If I sign and don't transgress I'm not bound by anything to anything you blindly listed there.

If I sign and transgress, I'm violating the Cyberheat/TopBucks agreement as well as the law; Cyberheat/TopBucks may report me but they'll certainly cut me off.

Either way there's no fines or jail time involved or nomenclature enjoining legal consequences such as you suggested.

And your quotes and references are absolutely irrelevant here. Even if Cyberheat/TopBucks affiliates who signed the acknowledgement spammed anyway, Cyberheat/TopBucks would be exempted from reprisals.

The only way Cyberheat/TopBucks would be tainted is if said affiliates didn't sign the acknowledgement, spammed, and were still supported by Cyberheat/TopBucks.

No jail, no fines, no thing... irrelevancy won't buy the peanuts and popcorn to this three ring circus.

[Mediaguy]

Originally Posted by Shelleehale

Prophylactic relief -- or remedial provisions -- Now that I think of it, that's exactly what an industry full of jerkoffs and strung out on Viagra needs!

Oh, and this "industry full of jerkoffs and strung out on Viagra" is completely not the impression I've gotten from the shows I've attended, which may or may not be a few shows more than you have.

[softball]

Originally Posted by Mediaguy

Oh, and this "industry full of jerkoffs and strung out on Viagra" is completely not the impression I've gotten from the shows I've attended, which may or may not be a few shows more than you have.

This "person" has zero idea about our business. A jailhouse lawyer with a laptop. Shellee has contributed nothing of any substance and mostly irrelevant ramblings. Personally, I find it interesting that she swallows so much bait so quickly. Now if she could swallow cum in such huge quantities, she would have some credibility in an industry that, after all, bases its very existence cum shots.

[Sexyteaser]

Originally Posted by rhetorical

This "person" has zero idea about our business. A jailhouse lawyer with a laptop. Shellee has contributed nothing of any substance and mostly irrelevant ramblings. Personally, I find it interesting that she swallows so much bait so quickly. Now if she could swallow cum in such huge quantities, she would have some credibility in an industry that, after all, bases its very existence cum shots.

Please.... Who is really baiting who here? Shoot yourself in the face and swallow your own shit and video it for a quick upsale if you need some attention.

[softball]

Originally Posted by Shelleehale

Please.... Who is really baiting who here? Shoot yourself in the face and swallow your own shit and video it for a quick upsale if you need some attention.

This person is crashing and burning before our very eyes. Her literacy level is sinking like a sunset.
Here's a piece of board advice to a newbie like yourself, Shellee.

Don't get even.....get mad.

And, another lesson in adult marketing that may help you as a consulting guru. That video would not be an upsell. It would be a sale.

[Mediaguy]

Originally Posted by rhetorical

This "person" has zero idea about our business. A jailhouse lawyer with a laptop. Shellee has contributed nothing of any substance and mostly irrelevant ramblings. Personally, I find it interesting that she swallows so much bait so quickly. Now if she could swallow cum in such huge quantities, she would have some credibility in an industry that, after all, bases its very existence cum shots.

Oh! Ouch! I thought this sarettah had closeted herself! Welcome back lol!

I agree her posts have often if not mostly been off-topic or somehow skewed to the subject - I really think she just doesn't finish reading posts - but this is like that over enthusiastic kid in your kindergarten always disrupting class and making noise - in the end, most often, they end up a star pupil with the most points for initiative.

I know. I was one :P

[sarettah]

Originally Posted by Mediaguy

Oh! Ouch! I thought this sarettah had closeted herself! Welcome back lol!

I agree her posts have often if not mostly been off-topic or somehow skewed to the subject - I really think she just doesn't finish reading posts - but this is like that over enthusiastic kid in your kindergarten always disrupting class and making noise - in the end, most often, they end up a star pupil with the most points for initiative.

I know. I was one :P

Jesus Christ Monkey Balls !

Once again. That is rhetorical.

For fucks sake, the spelling between the 2 names isn't even close.

[2MuchMark]

Originally Posted by Shelleehale

Now that I think of it, that's exactly what an industry full of jerkoffs and strung out on Viagra needs!

So now we know what you really think of people in the adult industry. Nicely done, ShelleHale. The next time someone ELSE turns their back to you at a trade show, you will know why.

[gonzo]

Originally Posted by 2MuchMark

So now we know what you really think of people in the adult industry. Nicely done, ShelleHale. The next time someone ELSE turns their back to you at a trade show, you will know why.

Only time Ive seen em turn their back on her at a show is the subliminal hint for her to pick up yet ANOTHER check.

Warm weather is here Abomb. Time to get that one Tommy Bahama dry cleaned!

[pam]

Did you have to sign something in agreement, Shellee?

All I had to do was make sure my contact information was correct. And, it was. I didn't find it that big of a deal since I don't spam, never have, and never will.

[Mediaguy]

Originally Posted by gonzo

Only time Ive seen em turn their back on her at a show is the subliminal hint for her to pick up yet ANOTHER check.

Warm weather is here Abomb. Time to get that one Tommy Bahama dry cleaned!

But what on Satan's bad earth would anyone in adult pay her for?

[Sexyteaser]

Originally Posted by Mediaguy

But what on Satan's bad earth would anyone in adult pay her for?

Don't you think your credibility would go up a notch if you had more than one girl online and no one in paid chat on a Saturday Night for a platform your selling with a developed talent pool (as you say) IMHO.

[Mediaguy]

Originally Posted by gonzo

Only time Ive seen em turn their back on her at a show is the subliminal hint for her to pick up yet ANOTHER check.

And they pay her for what exactly?

[gonzo]

Originally Posted by Mediaguy

And they pay her for what exactly?

I have yet to see anyone pay.