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Old 04-20-2012, 03:24 AM   #1
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:mad Could I Get Into Legal Trouble by Advising My Users to Cancel Membership with a Sponsor

For years I promoted KinkyDollars.com (started when it was still Cybernet Entertainment) but only gave them a real push in the last few months. And after year of promoting, and after sending several conversions that purchased annual membership from kink.com sites in the last month, auspiciously just as my paycheck should have been pretty decent, kinkydollars decided to ban my account. I asked for explanation but got no response.

My question is - I have a really strong community of 3 million monthly users on my website. They are not just surfers, it's a very tightly knit community with dedicated supporters who will not hesitate to reverse their support for companies that backstabbed me. If I ask those who may have signed up with any Kink.com website to cancel their membership because I was backstabbed, cheated and ripped off, could it legally backfire at me? If so, what would be legally the safest way for me to deliver the message to my community so they know what is going on?
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Old 04-20-2012, 03:31 AM   #2
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Old 04-20-2012, 03:37 AM   #3
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hm, first hope you will get some response ... and second, i bet everyone in your community knows kink sites and i am not sure if they will be making problems to one of the biggest players on their playground, and if it is the best way for you to close the doors forever there ... but, you know your community sure, have luck man!
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Old 04-20-2012, 03:42 AM   #4
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Old 04-20-2012, 03:49 AM   #5
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i am not sure if they will be making problems to one of the biggest players on their playground
I know they are a big player but that's not the point. I just don't see why I should sit idly why they continue profiting off of members I referred to them.
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Old 04-20-2012, 04:07 AM   #6
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Us companies customer told to avoid them by a US citizen causing them financial harm ...yes you can get sue...especially dependent on what you say.

You better be real careful what you say/write and have proof. Even then you can be dragged into a expensive battle even if you win.
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Old 04-20-2012, 04:09 AM   #7
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I know they are a big player but that's not the point. I just don't see why I should sit idly why they continue profiting off of members I referred to them.
I guess you can request they cancel their accounts - Just be careful when explaining why they should ...
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Old 04-20-2012, 04:15 AM   #8
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I would, why not?
They suspended your account with NO explanation? That's enough of a reason to do it...

I would send out a newsletter to all of your urers, offer them something comparable (content wise ) and a bit cheaper! Maybe you can find another sponsor that can give these people a discounted Yearly membership
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Old 04-20-2012, 04:55 AM   #9
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No, you won't have any troubles.. nobody can touch you.

There is no reason to be afraid of things.. Just go ahead and do it.

NOBODY will touch you.

Period.
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Old 04-20-2012, 05:08 AM   #10
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Old 04-20-2012, 05:13 AM   #11
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isn't this getting superbly idiotic? nasty dollars, kinky dollars, all big players, all closing affiliate accounts as they please, without even bothering to elaborate it?
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Old 04-20-2012, 06:08 AM   #12
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If I wasn't getting paid and I were in that situation I would consider taking it one step further. I would ask them all to chargeback. As long as I didn't say anything untrue I would not be worried about a lawsuit.

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isn't this getting superbly idiotic? nasty dollars, kinky dollars, all big players, all closing affiliate accounts as they please, without even bothering to elaborate it?
You were warned.
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Old 04-20-2012, 06:14 AM   #13
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Pull their links and you could email them ONLY to discuss what has transpired and just warn them - since few people like to be told what to do. I doubt you'll get into legal troubles by saying, "my concerns have lead me to believe that your credit card/payment option may better secured elsewhere". (something like that). You don't need to get into details as this could be used against you - but if you have a lawyer, best to ask them first
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Old 04-20-2012, 06:16 AM   #14
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In spite of all the children and their idiotic comments, anyone can sue anyone. So if you took it upon yourself to intentionally harm someones business, you should expect ramifications and there are plenty of legal grounds for it. The very intention of your actions would be to cause financial harm. You might be right. You might feel you're right. You won't feel that way when you read your name on a lawsuit alleging a wide range of malicious acts on your part that's now a matter of public record and to which you must respond or possibly get a default judgement against you for damages.

As a mature adult, you should be thinking about the possible costs of your actions.

The possible gains = 0 The possible costs = > 0.

Not a hard formula to understand ;)
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Last edited by TheSquealer; 04-20-2012 at 06:31 AM..
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Old 04-20-2012, 06:21 AM   #15
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That's a nice sized community you got power over... like a decent sized city.
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Old 04-20-2012, 06:22 AM   #16
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My first suggestion would be to try to contact the guys at Kink again. Not sure who you have tried to contact, but I would try contacting them again to find out why they shut down your account. Here is the contact info off their page, and I know you can also get Terry by emailing [email protected]

Yan
Affiliate Development Coordinator
ICQ: 60001616
Yahoo: yan.kink
yan at kink.com
Terry Mundell
Affiliate Program Manager
Office: 415-856-0771 ext. 138
ICQ: 410353788
AIM/Yahoo: trmfremont2005

Otherwise, I would suggest talking to a lawyer first. I am sure what you can say and how you can say it is wholly dependant on where you are located and what the laws are there.

Again tho, it doesn't make sense to start a war if you don't have to, at the very least, you should get an answer as to why your account has been shut down. I know I would want one.

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Old 04-20-2012, 06:23 AM   #17
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Wow. Some of you armchair lawyers are way off base.

I suggest that if you have any friends who are real lawyers you have them explain to you your liability. No lawyer friends? Pay a real lawyer a few hundred bucks to cover your ass and show them in writing what you are going to write and a copy of the TOS.

Well worth a few nights dinner to protect your ass.

Making someone cancel a service and breaking a relationship is not the same as switching which product someone wants to buy in the future.

Last edited by suesheboy; 04-20-2012 at 06:26 AM..
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Old 04-20-2012, 06:29 AM   #18
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On a further note, if I was your sponsor and saw how you tanked another one publicly, I would drop you like a hot potato.
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Old 04-20-2012, 06:33 AM   #19
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I doubt you'll get into legal troubles by saying, "my concerns have lead me to believe that your credit card/payment option may better secured elsewhere".
Almost the worse advice I have ever seen on GFY.

Libeling a company to say they have unsecured credit processing in this day and age with PCI compliance and the proven financial hardship you can do to them without hard proof is retarded.
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Old 04-20-2012, 06:43 AM   #20
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http://ripoffreport.com

It's no wonder people get screwed so much in adult. So many people just grab their ankles and take it. Give them a chance to respond. Try to call them. But if they are stealing from you then sometimes you have to punch a bully in the nose. They can sue for anything. That doesn't mean they will win. They don't want the publicity of fucking with you either.
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Old 04-20-2012, 06:52 AM   #21
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yan may help. or ping me at radimcillik at gmail for one more contact email at kink. have luck!
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Old 04-20-2012, 06:53 AM   #22
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Maybe you can offer them [COLOR="Red"]Punish Tube[/COLOR] thru CrakRevenue



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Old 04-20-2012, 06:57 AM   #23
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I don't know anything about kink.com or you or your situation but as a matter of strategy the following occurs to me.

You shouldn't even be thinking about it unless you think you have the power to generate more than 100 Visa or 50 Mastercard transactions for them within a single calendar month.

If you can do that, (pretty fucking unlikely), then you have a chance of taking their processing down, assuming they only have one merchant account. (also pretty fucking unlikely) Anything else will roll like water off a duck's back and leave them in a position to hit you back hard, legally or however they roll.

If you succeed, you cut off their cash flow, including whatever they would have to pay a lawyer to sue you. I am assuming there's no great amount of cash to be gotten from you anyway or you wouldn't be whining about one lost sponsor.

However, in the end you only succeed in fucking up someone else's business and that may give you a fleeting feeling of satisfaction but it won't get you anywhere financially and you will have cashed in whatever credibility you have with your community.

Best bet is to seek out a competitor of theirs and push them instead. Positivity is the key to moving forward. I think if you look around you will see that it's pretty rare for publishers to use their marketing clout to negatively impact an advertiser or sponsor. Most likely it's because it's a waste of media, there's nothing to be gained from it and the effect is minimal.

So wash your hands and move on. The most you can gain is to find out what you did to piss them off so you don't do it again.

Last edited by iSpyCams; 04-20-2012 at 06:59 AM..
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Old 04-20-2012, 07:17 AM   #24
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Wow. Some of you armchair lawyers are way off base.

I suggest that if you have any friends who are real lawyers you have them explain to you your liability. No lawyer friends? Pay a real lawyer a few hundred bucks to cover your ass and show them in writing what you are going to write and a copy of the TOS.

Well worth a few nights dinner to protect your ass.

Making someone cancel a service and breaking a relationship is not the same as switching which product someone wants to buy in the future.
They can only sue successfully if he says something that is not true.

He can happily say "I don't like them, please use xxxx.com instead".

You don't need a lawyer to tell you that....
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Old 04-20-2012, 07:31 AM   #25
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Us companies customer told to avoid them by a US citizen causing them financial harm ...yes you can get sue...especially dependent on what you say.

You better be real careful what you say/write and have proof. Even then you can be dragged into a expensive battle even if you win.
If you say "In my opinion .... " or "I don't like this because .... " or "This is a scam because .... " it's fine. Just be careful you don't piss off your community. It's a two way street.
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Old 04-20-2012, 07:34 AM   #26
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You could always just post a similar question to your members and get their advice. After all it's just a question not a suggestion. But I hope you work it out instead. A community of 3 million members would be nice to have promoting a program one would think.
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Old 04-20-2012, 07:40 AM   #27
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One thing though, this really surprise me from KINK.

Have you tried to talk with John or Terry ? These are good guys,, maybe there was a simple misunderstanding
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Old 04-20-2012, 07:46 AM   #28
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In spite of all the children and their idiotic comments, anyone can sue anyone. So if you took it upon yourself to intentionally harm someones business, you should expect ramifications and there are plenty of legal grounds for it. The very intention of your actions would be to cause financial harm. You might be right. You might feel you're right. You won't feel that way when you read your name on a lawsuit alleging a wide range of malicious acts on your part that's now a matter of public record and to which you must respond or possibly get a default judgement against you for damages.

As a mature adult, you should be thinking about the possible costs of your actions.

The possible gains = 0 The possible costs = > 0.

Not a hard formula to understand ;)
took about 14 posts to read something that made sense...
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Old 04-20-2012, 11:07 AM   #29
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They can only sue successfully if he says something that is not true.
Business 101.

Any lawsuit against you even if you get it thrown is a loss unless you get damages to pay for your time, reputation and legal costs.

Most of us here are small businesses and the last thing we can afford to do is waste time and money paying lawyers - even if we win.
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Old 04-20-2012, 11:12 AM   #30
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One thing though, this really surprise me from KINK.

Have you tried to talk with John or Terry ? These are good guys,, maybe there was a simple misunderstanding
I'm surprised too, they canceled my account recently - but after explaining things, they turned it back on and all is good. Strange they wouldn't at least talk to you about it.
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Old 04-20-2012, 11:18 AM   #31
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I dunno what the possible implications of breaking their terms and conditions might be, but I would also consider that. Many sponsors have clauses to the effect of .. you will not disparage them after the fact. No idea if that is enforceable though.
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Old 04-20-2012, 11:24 AM   #32
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Old 04-20-2012, 11:25 AM   #33
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RE: "If I ask those who may have signed up with any Kink.com website to cancel their membership because I was backstabbed, cheated and ripped off, could it legally backfire at me? If so, what would be legally the safest way for me to deliver the message to my community so they know what is going on?"

**Talk to an attorney.**

>>>Winners WIN because they NEVER GIVE UP!<<<
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Old 04-20-2012, 11:34 AM   #34
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Email me your account and I'll bring it to the attention of the owner
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Old 04-20-2012, 12:17 PM   #35
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For years I promoted KinkyDollars.com (started when it was still Cybernet Entertainment) but only gave them a real push in the last few months. And after year of promoting, and after sending several conversions that purchased annual membership from kink.com sites in the last month, auspiciously just as my paycheck should have been pretty decent, kinkydollars decided to ban my account. I asked for explanation but got no response.

My question is - I have a really strong community of 3 million monthly users on my website. They are not just surfers, it's a very tightly knit community with dedicated supporters who will not hesitate to reverse their support for companies that backstabbed me. If I ask those who may have signed up with any Kink.com website to cancel their membership because I was backstabbed, cheated and ripped off, could it legally backfire at me? If so, what would be legally the safest way for me to deliver the message to my community so they know what is going on?
Hey AAB,

Shoot me an email an I will make sure the issue is resolved. Terry At Kink dot com.
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Old 04-20-2012, 12:34 PM   #36
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I'm surprised too, they canceled my account recently - but after explaining things, they turned it back on and all is good. Strange they wouldn't at least talk to you about it.
I was subscribed to email notifications of conversions. Each time someone signed up through my referrer code, I received an email. So I used to check it every day to see how much money was made to keep on top of things and then I see no signs ups. I thought - shitty day, happens to everybody. Next day no sign ups again - oops, another shit day, damn it. Then after a week of no new sign ups, it started to feel a bit weird so I went to log in to my account on kinkydollars to see if everything was OK and couldn't get in. I requested password reset, received new password in the email, still can't log in.

So I emailed support asking why I couldn't log in. 3 days later I receive an email that my account was suspended. It wasn't until then that I pulled links but by that time, for at least a week, they freely enjoyed traffic I was sending. There easily may have been conversions which I will never know about.

That is definitely backstabbing when they suspend your account but won't let you know so you keep sending them traffic (and potential conversions). 10 days after asking what was the reason for my suspension, no response.
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Old 04-20-2012, 12:44 PM   #37
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I was subscribed to email notifications of conversions. Each time someone signed up through my referrer code, I received an email. So I used to check it every day to see how much money was made to keep on top of things and then I see no signs ups. I thought - shitty day, happens to everybody. Next day no sign ups again - oops, another shit day, damn it. Then after a week of no new sign ups, it started to feel a bit weird so I went to log in to my account on kinkydollars to see if everything was OK and couldn't get in. I requested password reset, received new password in the email, still can't log in.

So I emailed support asking why I couldn't log in. 3 days later I receive an email that my account was suspended. It wasn't until then that I pulled links but by that time, for at least a week, they freely enjoyed traffic I was sending. There easily may have been conversions which I will never know about.

That is definitely backstabbing when they suspend your account but won't let you know so you keep sending them traffic (and potential conversions). 10 days after asking what was the reason for my suspension, no response.
Hey AaB

I prefer to discuss the details of our affiliates accounts via email or ICQ. Please hit me up.
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Old 04-20-2012, 12:50 PM   #38
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don't implicate yourself. just say you found some better sites and you recommend signing up for them instead. simple.
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Old 04-20-2012, 01:06 PM   #39
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Hey AaB

I prefer to discuss the details of our affiliates accounts via email or ICQ. Please hit me up.
Taking it off here, sending you an email. Your post here appeared as I was writing my previous reply so I didn't see it.
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Old 04-20-2012, 01:07 PM   #40
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For years I promoted KinkyDollars.com (started when it was still Cybernet Entertainment) but only gave them a real push in the last few months. And after year of promoting, and after sending several conversions that purchased annual membership from kink.com sites in the last month, auspiciously just as my paycheck should have been pretty decent, kinkydollars decided to ban my account. I asked for explanation but got no response.

My question is - I have a really strong community of 3 million monthly users on my website. They are not just surfers, it's a very tightly knit community with dedicated Congrats mate , you nowsupporters who will not hesitate to reverse their support for companies that backstabbed me. If I ask those who may have signed up with any Kink.com website to cancel their membership because I was backstabbed, cheated and ripped off, could it legally backfire at me? If so, what would be legally the safest way for me to deliver the message to my community so they know what is going on?
If you are running a community that big. And making decent money from it.

Congrats mate you now have a business.

Never knew a business that did not have a lawyer retained.

Therefore , ask your lawyer.

simple huh?

Why ask a bunch of porn slingers and , well judging by some of the responses , surfers their opinion. You'd be better off asking your cat.

Of course...by the same logic why value my opinion.Except it makes sense. LOL
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Old 04-20-2012, 01:38 PM   #41
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If you are running a community that big. And making decent money from it.

Congrats mate you now have a business.

Never knew a business that did not have a lawyer retained.

Therefore , ask your lawyer.

simple huh?

Why ask a bunch of porn slingers and , well judging by some of the responses , surfers their opinion. You'd be better off asking your cat.

Of course...by the same logic why value my opinion.Except it makes sense. LOL
There are many people who "been there, done that" on here. There are insider tips you can't get from a lawyer
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Old 04-20-2012, 04:00 PM   #42
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If I wasn't getting paid and I were in that situation I would consider taking it one step further. I would ask them all to chargeback. As long as I didn't say anything untrue I would not be worried about a lawsuit.
An affiliate gets ripped off so you think the consumers should initiate a chargeback? What justification would they have for doing this? Got to be one of the strangest suggestions I've read today.
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Old 04-20-2012, 04:20 PM   #43
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An affiliate gets ripped off so you think the consumers should initiate a chargeback? What justification would they have for doing this? Got to be one of the strangest suggestions I've read today.
Mess with the bull, get the horns. If I sent a lot of joins and suddenly someone refused to pay me and refused to talk to me would I eventually tell my members to cancel, get refunds, or maybe charge back if I could? You bet I would. That's what you get for trying to fuck me. I wouldn't lie and make things up. I'd tell the truth about what happened. You can't let people walk all over you or everyone will do it. It wouldn't be my first choice. I'd rather have the money than have to do that. Looks like it's getting fixed a better way where he might get his money.

Last edited by signupdamnit; 04-20-2012 at 04:21 PM..
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Old 04-20-2012, 04:27 PM   #44
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Looks like it's getting fixed a better way where he might get his money.
Terry proposed to discussed it in public so from this point on it's between him and me. I still maintain that kinkydollars handled it very unprofessionally from the start however remedies were offered so I'm leaving it at that. If anyone else wishes to discuss this, be my guest. As for me, I consider this /thread
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Old 04-20-2012, 04:31 PM   #45
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They can only sue successfully if he says something that is not true.

He can happily say "I don't like them, please use xxxx.com instead".

You don't need a lawyer to tell you that....

"Sue successfully"

Here is one of the many things the mental midgets of this forum can't seem to understand. A company with money (or in house counsel) sues an individual... the individual has to respond. That means that individual is now in court defending himself, spending $1000s of dollars in legal fees to prove he's "right". To make a point, simply filing the complaint is already "success" - a default judgement or judgement is just icing on the cake but pointless since it will never be paid by 99% of people in this biz or collected.

When you get sued and can't afford to play with the big boys, you lose. End of story.

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Old 04-20-2012, 04:33 PM   #46
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An affiliate gets ripped off so you think the consumers should initiate a chargeback? What justification would they have for doing this? Got to be one of the strangest suggestions I've read today.
If its a tight community, why wouldnt they support AAB? They signed up with the notion that everything would be hunky dory. Instead AAB had his account shut down while his members continue to support the company.

At the very least he should inform his members that he no longer promotes them because they shut his account down without notice. Let his loyal followers decide for themselves what they want to do next.
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Old 04-20-2012, 04:34 PM   #47
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There are many people who "been there, done that" on here. There are insider tips you can't get from a lawyer
Your thread is entitled.

""Could I Get Into Legal Trouble by Advising My Users to Cancel Membership with a Sponsor ""

Note the word "legal"

The only legal advice worth having is from a Lawyer.

Good luck.
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Old 04-20-2012, 04:39 PM   #48
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Your thread is entitled.

""Could I Get Into Legal Trouble by Advising My Users to Cancel Membership with a Sponsor ""

Note the word "legal"

The only legal advice worth having is from a Lawyer.

Good luck.
Why hanker about a word choices on a forum. GFY is a busy place, with so many people participating, someone may have been in a similar situation and could have pointers or advise. It doesn't hurt to ask. What you do with advise offered is what counts.
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Old 04-20-2012, 05:43 PM   #49
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I have a really strong community of 3 million monthly users on my website. They are not just surfers, it's a very tightly knit community with dedicated supporters who will not hesitate to reverse their support for companies that backstabbed me.
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Old 04-20-2012, 05:47 PM   #50
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"Sue successfully"

Here is one of the many things the mental midgets of this forum can't seem to understand. A company with money (or in house counsel) sues an individual... the individual has to respond. That means that individual is now in court defending himself, spending $1000s of dollars in legal fees to prove he's "right". To make a point, simply filing the complaint is already "success" - a default judgement or judgement is just icing on the cake but pointless since it will never be paid by 99% of people in this biz or collected.

When you get sued and can't afford to play with the big boys, you lose. End of story.

So, you are are saying there is no freedom of speech in the USA unless you can afford to defend yourself if someone doesnt like what you are saying?
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