Top Bucks Recent Injunction Compliance Mail

[Sexyteaser]

Top Bucks sent out this recent injunction request but what really got me was that they failed to mention that you must obey it or you could be fined, go to jail, or worst.


Dear Webmaster,
The following is important information that pertains to you as a
TopBucks-valued Webmaster and your participation in the TopBucks
Webmaster Program.

As you know, the TopBucks Webmaster Program was recently the subject
of a settlement agreement between Cyberheat, Inc. and the Federal
Trade Commission. Pursuant to the Injunction which resulted from the
settlement agreement, TopBucks is required to obtain certain
information from you, serve you with a copy of the injunction Order,
and obtain your signed Acknowledgment of the Order. In shorter terms,
your signature on the Acknowledgment verifies that you have read the
Order and you agree to comply with the Order,
the Adult Labeling Rule, and the CAN-SPAM Act. Because TopBucks
prohibits solicited or unsolicited email campaigns, compliance with
the Order should be basically a non-issue to you.

We, at TopBucks, have attempted to design the easiest method for you
to meet the requirements of the Injunction as they pertain to you.
Therefore, you may update your account personal information, read the
Injunction, and sign the Acknowledgment in just a couple of easy
steps. Please login to your TopBucks account and take a moment to read
the Injunction and sign the Acknowledgment at your earliest
convenience.

We greatly appreciate your cooperation in helping us to comply with
the Injunction so that we may continue to provide you with the same
great quality products and services. If you have any difficulty in
completing and processing the TB admin page or have any questions,
please feel free to contact your personal TopBucks Support
Representative or our friendly legal staff at...


Thank you from your TopBucks team

[Mediaguy]

From the TopBucks Members Area:

There seems to be some confusion over the FTC Order/email all TopBucks webmasters were sent yesterday. We would like to take this time to clear up some of these confusions.

As the letter refers, the TopBucks affiliate program settled with the FTC over a CAN-SPAM suit that we previously had been fighting. Through fighting, we were able to negotiate many things to keep the information of TopBucks webmasters private and there are some few simple steps needed to be taken on our end which include:

1) Making sure all of our webmasters are informed of the settlement agreement and know that violations of CAN-SPAM are not tolerated.

2) Making sure we have up to date information from webmasters who participate in the program. We are only required to provide information to the government if your account violates CAN-SPAM

Since the TopBucks program prohibits promotion via e-mail and there should be no accounts using email as a way to promote TopBucks sites, this just leaves a very simple record keeping update

If you have any additional questions, please feel free to contact your TopBucks Rep or email support@topbucks.com or our legal department at legaldept@torzo.com

Thank you from your TopBucks team.


Quick Summary: TopBucks does not allow promotion of our sites via mass e-mail marketing and has not for a few years. The statement below requires us to inform you of the consequences IF you violate our E-mail policy.

.

[Mediaguy]

Webmaster Acknowledgement

Earlier this year, Cyberheat, Inc. ("Cyberheat") announced the settlement of a case filed in 2005 against Cyberheat on behalf of the Federal Trade Commission ("FTC") pursuant to CAN-SPAM. In that lawsuit, the government claimed that Cyberheat should be liable for the unauthorized acts of several rogue affiliates who instigated e-mail campaigns in violation of their respective agreements with Cyberheat and/or its related companies. The settlement, which took the form of a negotiated order of permanent injunction (the "Order"), was an outright victory for Cyberheat, especially in relation to concessions demanded and obtained by Cyberheat regarding webmaster privacy and in relation to a precedent-setting opinion from the court limiting the liability of industry-related companies for the unauthorized acts of its contractors. The primary going-forward requirements of the settlement require little more than compliance with CAN-SPAM and its related regulations. (This is a non-factor, insofar as Cyberheat has been and is in full compliance.) The settlement does include several logistical requirements, including acknowledgement of the Order's requirements by Cyberheat-related webmasters and employees and the maintenance of certain webmaster-related information by Cyberheat.

Click here for a copy of the injunction.

In accordance with the settlement agreement, Cyberheat provides herewith your copy of the Order. Upon receipt, Cyberheat asks that you complete and return the acknowledgement below.

ACKNOWLEDGEMENT

I have received and reviewed a copy of the Order. I agree to comply with all applicable federal and state laws, including CAN-SPAM, the Adult Labeling Rule, and the provisions of the Order.

(Sign below by typing your name.)

[sarettah]

Originally Posted by Shelleehale

Top Bucks sent out this recent injunction request but what really got me was that they failed to mention that you must obey it or you could be fined, go to jail, or worst.

You really are an idiot Shellee. Where in any of this do you see that?

I have read the email, I have read Topbucks webmaster page, I have read the injunction. Nowhere does it say that I must agree to shit unless I want to stay as an affiliate.

Further, all the injunction does for affiliates is affirm the rules of CAN-SPAM which, for us who are U.S. based, has been the law for quite a while now.

If you are sending email for a website and you are not obeying CAN-SPAM already, then you are a dolt and probably heading for fines and shit already.

You fail to note the safe harbor clause in the injunction too.

TopBucks told us we are required to acknowledge the injunction if we want to continue to be affiliates, as they were required to.

TopBucks is required to obtain certain
information from you, serve you with a copy of the injunction Order,
and obtain your signed Acknowledgment of the Order. In shorter terms,
your signature on the Acknowledgment verifies that you have read the
Order and you agree to comply with the Order,

Once again you prove you have at best a feeble grasp of business on the net and virtually no grasp of accurately interpreting legalese.

Just imho of course.

[softball]

This was all over another board and it was headed as the death of American programmes. What a crock. There was a legal issue. They have been directed to comply. Big deal. Hell, and I don't even sell traffic and I can see this.
Shellee, you gotta stop firing from the hip. Take a deep breath, sleep on it, consider your options, and then post. Otherwise you are seriously embarrassing yourself around here.

[gonzo]

Originally Posted by rhetorical

This was all over another board and it was headed as the death of American programmes. What a crock. There was a legal issue. They have been directed to comply. Big deal. Hell, and I don't even sell traffic and I can see this.
Shellee, you gotta stop firing from the hip. Take a deep breath, sleep on it, consider your options, and then post. Otherwise you are seriously embarrassing yourself around here.

Im not so sure...

Reading over this its Top BUcks that has to comply.
And come on non of us beleive that any program ever has a rogue affilaite thats spamming under the radar.

Owning a spam host I can tell you that each and every program is more than aware of those affiliates that do spam and go to large measures to court them. At least in the past.

Top Bucks is covering their ass and as part of the agreement they have to focus on Yappo and bring the traditional membership end of the business to a halt.

I think I posted a thread on it as part of the FTC agreement that was posted.

Top Bucks is still under heat from the Feds to comply.

[Sexyteaser]

Originally Posted by sarettah

You really are an idiot Shellee. Where in any of this do you see that?

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.

Top Bucks is just one more company now under the watchful eye or the Federal Prosecutors office after settling rather than fighting their violation and now the Federal Court wants a list of affiliates to agree they have been warned or maybe its just to add to a list to monitor since of course if you read the details and depositions you would known that they blamed their affiliates for all the spam.

I would think a Data Magician could really see the details without me laying it all out there with some long 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.

I know more about the legal complaints, legislation, proposed bills etc on the horizon than you do if you would have read my opinions and then followed the filings you would have known that much; maybe you could help with 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 to look past the content and at the misuse and abuse of technology and focus on the thieves as they are in abundance in mainstream and not all in adult. Write them and tell them to stop using your tax payer dollars for grant money paid to men to search for possible obscenity cases in porn resulting in zero prosecutions. The millions of dollars wasted on this could go to better use.

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.

[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.

[Mediaguy]

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.

You don't need legal counsel to "sign" that acknowledgement; all you're doing is saying you are in compliance with (as TopBucks has been all along) with the CANSPAM act. That's it.

That's why I posted the body of the consequent documents - to show that it's no big deal.

Originally Posted by Shelleehale

Top Bucks is just one more company now under the watchful eye or the Federal Prosecutors office

TopBucks is no more under that "watchful eye" than anybody in the business whose affiliates have tried email/spam to get some sign ups.

Originally Posted by Shelleehale

I would think a Data Magician could really see the details without me laying it all out there with some long 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.

What's a Data Magician?

You had no "laying it all out" to do. And actually you laid nothing out; you just copy-pasted. This isn't an accusation, it's just an observation of what you did.

Since TopBucks was NOT "caught spamming" (read the documentation before you make accusations), however they HAVE set an important precedent for programs in this case protecting programs from idiot affiliates who want to spam. Read it.

Originally Posted by Shelleehale

I know more about the legal complaints, legislation, proposed bills etc on the horizon than you do if you would have read my opinions and then followed the filings you would have known that much; maybe you could help with 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 to look past the content and at the misuse and abuse of technology and focus on the thieves as they are in abundance in mainstream and not all in adult. Write them and tell them to stop using your tax payer dollars for grant money paid to men to search for possible obscenity cases in porn resulting in zero prosecutions. The millions of dollars wasted on this could go to better use.

One can spend thousands acquiring the documentation; however one must read it. Beyond that, one must understand what one is reading.

You may have an "inside" connection or friends on the administrative side of things who can make you feel like you're in touch with "the future" and "big cases" for the industry, but so far that feeling has caused you to make nothing but false claims.

Your prophetizing can cast a falsely negative light on programs such as TopBucks if you interpret the information incorrectly or, as in this case, you don't interpret it at all and just post an email out of context.

The TopBucks case has NOTHING to do with what you are referring to, ie. the FBI cadre assigned to surfing porn to spot possible "obscenity" cases.

Originally Posted by Shelleehale

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.

Work a little harder, analyze your data, and report on your findings; don't just post out of the blue so that insinuation becomes the principle weight of your "message".


.

[Mediaguy]

Originally Posted by Shelleehale

Top Bucks sent out this recent injunction request but what really got me was that they failed to mention that you must obey it or you could be fined, go to jail, or worst.

I don't see in any of this stuff I've read now where an affiliate who doesn't spam, hasn't spammed, and acknowledges these facts by signing the "Acknowledgement" of compliance to TopBucks' compliance to no-spam policy and law will land anyone in jail (or worst? you mean worse? what would be worse than jail? they're not taking spammers to Guatanamo Bay are they?!? lol )

.

[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

[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.

[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.

[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.

[sarettah]

Originally Posted by DragonKing

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

Yep, that's me in a nutshell, just an angry person. You got me there.












except when I'm not

[Sexyteaser]

Originally Posted by Mediaguy

I don't see in any of this stuff I've read now where an affiliate who doesn't spam, hasn't spammed, and acknowledges these facts by signing the "Acknowledgement" of compliance to TopBucks' compliance to no-spam policy and law will land anyone in jail (or worst? you mean worse? what would be worse than jail? they're not taking spammers to Guatanamo Bay are they?!? lol )

.

No they take them to Spamtanamo.

Cyberheat's attorney made this request:

"The overriding theory of the DOJ's case - absolute liability for the owners of websites advertised by email - seemed especially ominous to Cyberheat's attorney Pete Wellborn, who stated, ‘Any company with an Internet presence should run - not walk - to the office of their nearest congressperson and demand congressional action to prevent and eliminate this absurdly tortuous construction of CAN-SPAM by the government.'


I just added that we should also ask that they stop wasting our tax payer dollars to find potential obscenity cases that are thrown out for being unconstitutional; I was not implying the two points (Spam/Obscenity) were connected in this case.

I can't be the only one concerned or interested in a proactive approach to protect my interests.

As the industry starts to feel the pressure of an economic turn and capital is diminshing it is not a coincidence that these cases are hitting now. Don't you see how much easier it is for the DOJ and AG's to go up against these Companies now that they are not as wealthy as they used to be and across boarders with the new alliances they are not as limited as before.

[2MuchMark]

Shellee,

I don't really understand what the problem is. Topbucks has a no-spam policy and will cut anyone off who doesn't obey this policy. GOOD.

Topbucks takes the time to email their affiliates about the latest FTC dealings and instructions on how to remain Legal, and to keep their accounts in good standing. GREAT!

The government is doing something about SPAM and which accounts for something like 80% of all email traffic and costs ISP's Billions in wasted bandwidth, and costs Billions more in wasted time. FANTASTIC!

Your posts Shellee seem more about creating drama or to serve some personal pleasure than anything else. For example, you said :

Top Bucks is just one more company now under the watchful eye or the Federal Prosecutors office after settling rather than fighting their violation

What does "Watchful eye" mean? You think the FTP have setup a special task force now just to watch what TopBucks is doing 24/7? Have they tapped their phones? Are they sniffing their packets? What? How do you know that this is hapening?

And why wouldn't they prefer to settle than fight? It's cheaper #1, and #2 it lets them get back to business sooner.

Like Rhetorical said, you need to stop "shooting from the hip". And as Sarettah said :

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

I have to agree. Posts like this make you seem much more intent on bringing the industry down than doing anything to help. imho, of course.

[Sexyteaser]

Original post about this from 3/2007 http://www.oprano.com/msgboard/showt...ing+affiliates

TUCSON, Ariz. — Cyberheat apparently has dodged maximum penalties over alleged Can-Spam violations after a federal judge ordered the Justice Department and the online adult company to hammer out an agreement.


In a case at U.S. District Court in Tucson, Cyberheat, which operates webmaster program TopBucks, is defending itself against charges by the Federal Trade Commission over sexually explicit spam messages sent by its affilates. It contends it can't control the actions of affiliates. If convicted, Cyberheat would be liable for $11,000 in civil penalties for each spam email, or $7.1 million. It would be the largest fine levied against an online adult company.

Rest of the story


The problem is that as a condition of the settlement Cyberheat had to shut down and Top Bucks can exist under intense scrutiny with a whole lot of conditions...

[Mediaguy]

Originally Posted by Shelleehale

No they take them to Spamtanamo.

lol yeah don't we all wish there was one!

Originally Posted by Shelleehale

Cyberheat's attorney made this request:

"The overriding theory of the DOJ's case - absolute liability for the owners of websites advertised by email - seemed especially ominous to Cyberheat's attorney Pete Wellborn, who stated, ‘Any company with an Internet presence should run - not walk - to the office of their nearest congressperson and demand congressional action to prevent and eliminate this absurdly tortuous construction of CAN-SPAM by the government.'

Well it sure would set a dangerous precedent to hold a corporate entity responsible for people who violate terms of use when they're acting as unlicensed third-party contractors, be it promotional or what not.

Originally Posted by Shelleehale

I just added that we should also ask that they stop wasting our tax payer dollars to find potential obscenity cases that are thrown out for being unconstitutional; I was not implying the two points (Spam/Obscenity) were connected in this case.

Only in their uselessness and as wasteful expenditures (though making someone burn money defending themselves over vacuous accusations can be a good method of harrassment if you can afford it - and the DoJ can).

Originally Posted by Shelleehale

I can't be the only one concerned or interested in a proactive approach to protect my interests.

It is NOT proactive to state that TopBucks "failed to mention that you must obey it or you could be fined, go to jail, or worst" if one didn't sign the acknowledgement.

At best it's highly misinterpreted, and that is using the utmost consideration in assuming you read the thing quickly, mistook what was written, did not read through to the subsequent documents, and went on to post impulsively.

Originally Posted by Shelleehale

As the industry starts to feel the pressure of an economic turn and capital is diminshing it is not a coincidence that these cases are hitting now.

This is in no way a barometre of the state of things. Cyberheat was first taken to court over the actions of its affiliate/s three years ago. If you read the rest of it and the articles in the industry press, it's obvious Topbucks/Cyberheat decided to settle because it was the most opportune and expeditious time, not to mention the least expensive - also, as they mentioned, it prevented setting dangerous precedents.

Had they gone to court, they would have won; but the government would have held it up for as long as it took for them to go broke. No one has as much money to waste as the Bush administration.

Originally Posted by Shelleehale

Don't you see how much easier it is for the DOJ and AG's to go up against these Companies now that they are not as wealthy as they used to be and across boarders with the new alliances they are not as limited as before.

There's no trend here. The industry trend-wise is consolidating, big companies getting bigger and richer, in effect becoming defense funds against specious prosecutions from agencies such as the DoJ.

Most officers and policy drivers, judges & prosecutors, defense lawyers and the like, have little or no inkling of internet technology or methodology. It's little surprise that in wanting to prosecute those responsible for spam, they overshot the actual guilty parties and attacked the holding company for the program the affiliates were trying to promote.

But basically there's nowhere any indication of what you claimed as a threat to the liberty and potential incarceration (or waterboarding) of TopBucks affiliates.

[Mediaguy]

No no no! Shellee read your own copy-pastes!! Read and PROCESS the information...

Originally Posted by Shelleehale

Original post about this from 3/2007 http://www.oprano.com/msgboard/showt...ing+affiliates

Why did you link to this? It's a repeat of this post but with no more info.

Originally Posted by Shelleehale

TUCSON, Ariz. — Cyberheat apparently has dodged maximum penalties over alleged Can-Spam violations after a federal judge ordered the Justice Department and the online adult company to hammer out an agreement.

In a case at U.S. District Court in Tucson, Cyberheat, which operates webmaster program TopBucks, is defending itself against charges by the Federal Trade Commission over sexually explicit spam messages sent by its affilates. It contends it can't control the actions of affiliates. If convicted, Cyberheat would be liable for $11,000 in civil penalties for each spam email, or $7.1 million. It would be the largest fine levied against an online adult company.

Rest of the story

In case someone is (again) misled by you posting this year-old pre-settlement version of this case, let me point out that there's NO REASON to post this now: it's out of date, irrelevant to reality, disregards the facts of the present and only reported the possible or theoretical outcome of the case before it ever hit the dockets.

Originally Posted by Shelleehale

The problem is that as a condition of the settlement Cyberheat had to shut down and Top Bucks can exist under intense scrutiny with a whole lot of conditions...

WHERE did you read that a condition of the settlement was that Cyberheat had to shut it's doors?

You didn't.

It's not shutting down. The settlement as it stands was supposedly "made possible by Cyberheat's planned departure from the business of owning and promoting websites".

Where did you read that TopBucks can "exist under intense scrutiny with a whole lot of conditions"?!?!?

The same conditions prevail as before (since everyone is "barred from future violations of the CAN-SPAM Act" anway lol) and supposedly Cyberheat/TopBucks will have to somehow monitor affiliates more closely.
That's about it. But since there's no way to prevent or know that an idiot will buy an email harvest and spam it before he actually does it, the "conditions" mean nothing but business as usual.

There's no other "lot of conditions" here.

Why spread manure where nothing will grow?

What's the point of trying to prey on people's fears?

There wasn't a positive peep out of you when Seth and SoulCash completely WON (did not settle, people, but outright WON) against the government and created an important precedent that was GOOD for the industry and fair to program owners.

Injecting inuendo and alarmist outcry to any piece of information that can be bent to the purpose, posting with the assumption that no one will read to the source, and spreading misinformation about other companies is no way to become an industry beacon.

Why do you only trumpet doom?

What are you selling?

.

[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

[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.

[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

.

[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."

[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 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 helix

I still cherish my picture of you...lol

So, now you're blackmailing me

[helix]

Originally Posted by sarettah

So, now you're blackmailing me

lol....not at all.

[Nymph]

Originally Posted by helix

lol....not at all.

Oh helix... you know I love you long time sailor boy...give me the pic, I'll blackmail him

[helix]

Originally Posted by Nymph

Oh helix... you know I love you long time sailor boy...give me the pic, I'll blackmail him

hehe....you are a bad lady. I can't roll over on him that easy.

[Nymph]

Originally Posted by helix

hehe....you are a bad lady. I can't roll over on him that easy.

Oh please, please, pretty please...with whipped cream & a big juicy cherry on top?

[helix]

Originally Posted by Nymph

Oh please, please, pretty please...with whipped cream & a big juicy cherry on top?

heh...you know me better than that. Stop batting your eyes at me woman.
Your charms wont work....lol

[Nymph]

Originally Posted by helix

heh...you know me better than that. Stop batting your eyes at me woman.
Your charms wont work....lol

But I won't tell him I got it from you....and I will send a pic in return

[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...