Top Bucks Recent Injunction Compliance Mail

[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 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

.

[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

[softball]

Originally Posted by sarettah

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

That's why consultants make the big bucks.

[helix]

Originally Posted by sarettah

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?

No thanks. I like facts.
Thats why I suggest the issue be taken up directly with TopBucks and not played out on a public forum,
but I also understand that is too logical and straightforward for somebody that has a different agenda.
Once again I focus on solving the problem and not spinning it so I can get some attention.
My bad.

I am pretty quiet on this board, but I love to read the posts. I thought I had noticed a distinct
behavioral pattern and a quick google search explains why.

btw...good luck with that anger management

[sarettah]

btw...good luck with that anger management

Thanx man. You know I need it I think everyone on the board knows how mean I am. But I'm trying to be better, really I am.








Trust me

[helix]

Originally Posted by sarettah

Thanx man. You know I need it I think everyone on the board knows how mean I am. But I'm trying to be better, really I am.








Trust me

I still cherish my picture of you...lol
I'm here for you buddy

[sarettah]

Originally Posted by helix

I still cherish my picture of you...lol

So, now you're blackmailing me