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-   -   Fleshlight Just Threatened To Shut My Account Down For Violating Their Trademark but (https://gfy.com/showthread.php?t=756694)

will76 08-01-2007 04:23 PM

Quote:

Originally Posted by chupacabra (Post 12856564)
wow, ironic for them of all people to be bitching about trademarks and such... i mean, they pay thieves on torrent sites to steal my and others copyrighted content...

pot, kettle, black anyone..? :2 cents: :321GFY



oh the irony.

They don't want their own affiliates to advertise Fleshlight using the word " fleshlight" but it is ok for them to advertise on sites with stolen content. :upsidedow:warning:warning:helpme:warning:Oh crap:upsidedow

jacked 08-01-2007 04:26 PM

you guys do realize that this has been part of their TOS for sometime now right?

atleast a year or two, since i had signed up

Aneros Josh 08-01-2007 04:26 PM

A follow up email will be sent out addressing the concerns brought about by a vague email that was not written by myself and not approved before sending out. The main focus is on the AdWords and using our terms. The new email will give a better explanation.

crockett 08-01-2007 04:27 PM

Quote:

Originally Posted by FleshJosh (Post 12856529)
We are not telling you to remove the word Fleshlight from your domain name, we are simply stating that you can't bid on the term "Fleshlight" in adwords....that's all, plain and simple...no need to take down your Fleshlight domain


cool good you make that clear, had me worried a bit.

baddog 08-01-2007 04:28 PM

Quote:

Originally Posted by pocketkangaroo (Post 12856567)
Most mainstream programs have that same policy.

This is true. Rather common actually.

yahoo-xxx-girls.com 08-01-2007 04:32 PM

Sounds reasonable
 
Quote:

Originally Posted by FleshJosh (Post 12856529)
We are not telling you to remove the word Fleshlight from your domain name, we are simply stating that you can't bid on the term "Fleshlight" in adwords....that's all, plain and simple...no need to take down your Fleshlight domain

I was wondering if I had a sub-domain setup for indexing purposes could I use for example.

fleshlight-girls.prismvod.com ( being directly pointed to your associate program? ) just as an example...

Thanks for your time FleshJosh,

.

SmokeyTheBear 08-01-2007 04:48 PM

Quote:

Originally Posted by baddog (Post 12856632)
This is true. Rather common actually.

kinda .. not too many products "are" the name

its hard to describe fleshlight in an ad without using the word fleshlight.

Babaganoosh 08-01-2007 04:53 PM

"fleshlight" in a domain is ok? Yes or no.

Hollywood Horwitz 08-01-2007 04:55 PM

not to make light of this thread, Josh! how ya been dude? Hit me up on ICQ sometime and let's catch up. I won't be at any WM shows for awhile so..

JFK 08-01-2007 04:57 PM

Quote:

Originally Posted by fuzebox (Post 12856370)
Um it was a canned email they sent all their affiliates, and if you reread it they aren't accusing you of anything, just stating what their new policy is.

I got the same thing,it was a canned email, as you say :winkwink:

georgeyw 08-01-2007 04:59 PM

Quote:

Originally Posted by FleshJosh (Post 12856547)
First of all, I NEVER said you couldn't use AdWords...I said you couldn't use our trademarked name in AdWords. If you want to promote Fleshlight through the use of other AdWords, that is fine.

You do realise that people searching for the term "fleshlight" is due to your affiliates BRANDING the freakin term right?

So what you've basically done is wait and till fleshlight is well and truly out there and figured hey alot of people actually search for fleshlight. Let's ban our affiliates from being able to bid on these terms from now on and keep all the money.

fris 08-01-2007 05:01 PM

stop crying already its not like you have any traffic

Young 08-01-2007 05:02 PM

all of your AdWords, AdCenter, YSM traffic are belong to us.

Young 08-01-2007 05:05 PM

I can see asking the competition to stop bidding on the Fleshlight trademark.....but to stop your own affiliates? Who have pretty much made the Fleshlight a frathouse name? On sales that you're going to be getting anyways?

Cutting off the middle man FTW!

StuartD 08-01-2007 05:06 PM

Quote:

Originally Posted by FleshJosh (Post 12856422)
using our trademarked name to make a profit.

That would be a profit for you as well... no?

DidierE 08-01-2007 05:08 PM

Quote:

I can see asking the competition to stop bidding on the Fleshlight trademark.....but to stop your own affiliates? On sales that you're going to be getting anyways?

Cutting off the middle man FTW!
I agree 100%
We're all in this together...why make war when we should make sales :winkwink:

So FleshJosh and Co, please be kind to your affiliates from now on ;)

Vick! 08-01-2007 05:21 PM

Quote:

Originally Posted by BoyAlley (Post 12856335)

What a bunch of clusterfucks that company is. They've NEVER seemed to have their shit together
:321GFY

Quote:

Originally Posted by FleshJosh (Post 12856379)
I can assure you that I did not send out this email

Hence Proved! :thumbsup

Quote:

Originally Posted by Varius (Post 12856538)
That sounds like they may not use it at all in any way shape or form pretty much, not specifically bidding. :2 cents:

See what BoyAlley said above.

Quote:

Originally Posted by pocketkangaroo (Post 12856567)
Most mainstream programs have that same policy. Many adult companies too. That policy is not new.

Quote:

Originally Posted by baddog (Post 12856632)
This is true. Rather common actually.


I second that!

Programs don't like bidding on their name. AFF is also an example.


And by the way, FleshJosh .. hire some professional to write terms and conditions for you. Also the emails related to reminding of terms.

You are saying here that you can use "fleshlight" on-page and in domain but your email says you cannot. WTF? :error
Refer to Varius's post for further details.

In short, Please, get your shit together.

ps. I am concerned. Because I also have a domain name with "fleshlight" in it.

will76 08-01-2007 05:23 PM

Quote:

Originally Posted by Hollywood Horwitz (Post 12856757)
not to make light of this thread, Josh! how ya been dude? Hit me up on ICQ sometime and let's catch up. I won't be at any WM shows for awhile so..

to talk about torrents or spyware? bro.

will76 08-01-2007 05:24 PM

Quote:

Originally Posted by georgeyw (Post 12856773)
You do realise that people searching for the term "fleshlight" is due to your affiliates BRANDING the freakin term right?

So what you've basically done is wait and till fleshlight is well and truly out there and figured hey alot of people actually search for fleshlight. Let's ban our affiliates from being able to bid on these terms from now on and keep all the money.

bingo!!!!

Aussie Rebel 08-01-2007 05:30 PM

Quote:

Originally Posted by BoyAlley (Post 12856531)
They donated $7,000 to the Free Speech Coalition as part of one of my charity sig auctions if that's what you're referring to.


It's funny how all the sites that advertise on torrent sites seem to make a donation to the Free Speech Coalition.
Fuck Fleshlight you torrent supporting cocksuckers

DidierE 08-01-2007 05:31 PM

Quote:

You are saying here that you can use "fleshlight" on-page and in domain but your email says you cannot. WTF?
Yes even the original TOS found here: http://www.fleshlightcash.com/external.php?page=terms

say you cannot have the term "FLESHLIGHT" in the domain or in your meta keywords...

This is some confusing shit :Oh crap

chupacabra 08-01-2007 05:37 PM

Quote:

Originally Posted by FleshJosh (Post 12856626)
A follow up email will be sent out addressing the concerns brought about by a vague email that was not written by myself and not approved before sending out. The main focus is on the AdWords and using our terms. The new email will give a better explanation.

ok, how about an email detailing why you guys are supporting torrent sites like adultsins .net that are putting operators like me out of business? was that a policy that wasn't written by yourself either, will i get a "better explanation" on that matter via email anytime soon, bro..?

Vick! 08-01-2007 05:38 PM

Quote:

Originally Posted by DidierE (Post 12856927)
Yes even the original TOS found here: http://www.fleshlightcash.com/external.php?page=terms

say you cannot have the term "FLESHLIGHT" in the domain or in your meta keywords...

This is some confusing shit :Oh crap

Don't you think they should have some shit to use as last weapon? Kick the webmaster and keep his money? :321GFY

stickyfingerz 08-01-2007 05:48 PM

Look out Charlie Brown.... The torrent hater gang is going to take you down. WHOO AHHH! :1orglaugh

Sands 08-01-2007 05:52 PM

Muh knee's actin' up... storm's brewin'. Gunna be a big'un.

tony286 08-01-2007 05:52 PM

Quote:

Originally Posted by stickyfingerz (Post 12857008)
Look out Charlie Brown.... The torrent hater gang is going to take you down. WHOO AHHH! :1orglaugh

Thanks for bringing that up, its funny they care about their trademark but having their banners on sites that giveaway others content is ok. Thats funny.

germ 08-01-2007 05:56 PM

I think you guys are making way too big of a deal about the email.

Yeah, it was poorly written and confusing. The guy came in and cleared up what the email was supposed to convey, and apologized. I think it's time to stop crying about it. It's their policy. If you don't like it, don't promote them.

stickyfingerz 08-01-2007 05:57 PM

Quote:

Originally Posted by tony404 (Post 12857020)
Thanks for bringing that up, its funny they care about their trademark but having their banners on sites that giveaway others content is ok. Thats funny.

Re read the thread I didnt bring it up. I was replying to it. :upsidedow

tony286 08-01-2007 05:59 PM

Quote:

Originally Posted by stickyfingerz (Post 12857044)
Re read the thread I didnt bring it up. I was replying to it. :upsidedow

I was just glancing and yours spoke to me :)

Jace 08-01-2007 06:05 PM

I got the same email and thought it was directed at me also.....in fact I loaded up my domain list and tried to find what domain I had with fleshlight in it...when I didn't find one I hit reply and was about to send you all a email asking why you thought I was violating

before I hit reply I came to gfy...LOL

Young 08-01-2007 06:10 PM

Quote:

Originally Posted by germ (Post 12857040)
I think it's time to stop crying about it. It's their policy. If you don't like it, don't promote them.

You're obviously someone that didn't invest your hours, money, traffic and hard work into helping build Fleshlight into the brand that it is today....only to be told to either comply or leave it all on the table.

F-U-Jimmy 08-01-2007 06:16 PM

I got the same fucking e-mail and im not an affiliate. Think you got your spam lists mixed up ?

Penny24Seven 08-01-2007 06:28 PM

why didn't the email just say adwords and nothing else?

CyberHustler 08-01-2007 06:52 PM

Bahhh, humbug...

SmokeyTheBear 08-01-2007 08:36 PM

Quote:

Originally Posted by Aussie Rebel (Post 12856924)
It's funny how all the sites that advertise on torrent sites seem to make a donation to the Free Speech Coalition.
Fuck Fleshlight you torrent supporting cocksuckers

Of course they do , torrent sites cant possibly keep 2257 records for stolen videos thus if your affiliate base is sent to jail its rather hard to make money.

That being said i have noticed a small decline in the fleshlight ads on torrent sites and other sites with stolen content, hopefully this continues and is not just a diff ploy to get some free cash by letting torrent sites ride until their checks don't come

stev0 08-01-2007 08:46 PM

Quote:

Originally Posted by beerptrol (Post 12856351)
Here's they email they sent me. I'm assuming it was sent to all their affiliates


Hello Everyone,

I would just like to remind everyone that as per our service agreement,
terms and conditions, terms of service (whichever you choose to call
it) that we do not allow trademark bidding.

Please refer to Section 2 Articles 5 and 7:

5. We also prohibit the use of keywords, search terms, and domain
names that contain any variations of our Trademarks, such as
"Fleshlight,? for use in search engines, portals, sponsored advertising services,
or other search and referral services. If you send visitors from any
site we consider an unacceptable traffic source, your account may be
cancelled, and any monies owed to you will be forfeited.

7. You will not redirect traffic to our site where the URL remains in
the address when a customer attempts to bookmark, what appears to be,
our site.

Please cease all trademark bidding within the next 48 hours or we will
be forced to remove you from the Fleshlight Affiliate Program.

Thank You For Your Compliance,

The Fleshlight Team

Those rules are pretty rediculous... you want affiliates to promote your "fleshlight" yet, not refer to it as a "fleshlight" for fear that the affiliate will get better SE rankings that your own site?

Support your affiliates or market it on your own.. you can't have it both ways.

who 08-01-2007 08:56 PM

I also got the email. You really got your knickers in a twist about that? Wow..

Tempest 08-01-2007 10:34 PM

I'm amazed at the level of reading comprehension so many people appear to have..

bobby666 08-01-2007 11:10 PM

they just flashed out their tos

the indigo 08-01-2007 11:27 PM

Since affiliates are in big part responsable for the global "branding" of the product, which directy affects the number of SE searches, I don't see a legit reason to prohibit affiliates from getting their 'share' of that global branding.

The trademark argument is stupid. Fleshlight.com already get a shit load of indirect type-ins sales from the affiliates, which you don't have to pay.

This is normal and out of control, even if the affiliate program want to give the commission to an affiliate who seen his sale slip due to the customer typing "fleshlight.com" instead of clicking on the banner. (and a lot actually type fleshlight in their google bar instead of clicking the affiliate banner)

Having said that, you can run your affiliate program the way you want, but I don't think it is a good ethic move towards your affiliates, especially since the copyright protection argument doesn't sound legitimate since all the keywords searches are going to fleshlight.com -- the difference is that you have to pay commissions and you can keep the 100's of daily sales from SE for yourself.

Without the affiliates, you won't be doing 100's daily sales from SE's - You think it is fair? Well, no... not at all.

We lost $40,000 last year from the NATS fiasco, and now this. What is the next thing for 2008?


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