Quote:
Originally Posted by FiReC
I have no idea what you are talking about, and this is totally false and would never happen.
If you use our trademark/content to promote somebody else is the only reason to worry, and I don't think anybody would disagree with that.
We are very affiliate friendly when it comes to promo.
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Check your TOS...
Basically, whoever agrees to it is agreeing to transfer all his sites to you and pay you some money if some day you wake up and say "handle all that to me".
Fortunately, if I am not promoting you
Here are some of the most disturbing parts, but there are more... Having a lawyer at full time helps to spot such things on the fly.
Chapter XI, point B-3:
As a specific matter ? the Affiliates are not permitted to registered any Uniform Resource Locator (URL) or world wide web address that contains any of Our Marks or URLs or that contains any terms that are confusingly similar to Our Marks or our URLs.
Basically, if I have a domain or URL (wtf were you drinking when you wrote url?) with "nubiles" then I am not allowed to promo you.
www.example.com/nubiles/promo-page-here.html is not allowed. Not to mention that your famous "N" logo is just a funky font. I can tell you that Canal + (french and spanish divisions) already infinged on your "N" logo around 1994 and probably a bit after. I know it because we used a very similar or the same kind of "N" for some of their printed ads. If your "N" (lets be polite) logo??? was not registered before 1994, then you should rethink it a bit.
Chapter XI, point B10- 1,2,3:
You may bring the URL to Our attention by e-mailing [email protected] .If so, You will be offered amnesty until 180 days from date of finalized agreement, at which point all amnesty is revoked. Amnesty requires that You not only contact Us before We contact You, but that You voluntarily transfer the domain name to Us within 72 hours of receiving notice from Us that the domain infringes on Our rights.
Because you already know that you have absolutely no chance to get a domain with "nubiles" on it, or just an url out of anyone even going to courts, you demand that the domain is transfered to you "voluntarily". Good luck
Chapter XI, point B-12:
If We serve You with a demand or request to transfer any URL that We believe, in Our sole discretion, is a violation of any of Our rights in Our Marks, You shall pay five thousand dollars ($5,000.00) in liquidated damages if We are determined to be the prevailing party in any dispute over the domain name. We reserve the right to waive this amount in exchange for rapid compliance with Our demand. Upon issuance of Our demand, We have the option of treating the Affiliate as a violator under Part XI(C) of this Agreement and We may take on the role of the ?Aggrieved Party.?
Yeah, and that's a very good reason no one with sane mind would want to be your affiliate. On your sole discretion you can try to fine your affiliates $5k.
Chapter XI, point B-13:
Upon demand, the Affiliate must transfer the offending URL to Us. If the demand is not met within 72 hours of the demand being sent via e-mail, then the Affiliate agrees to pay Us an additional two-hundred and fifty dollars ($250.00) in liquidated damages per twenty-four (24) hour period or portion thereof until the domain is transferred to Us. We reserve the right to withhold any payments otherwise due the Affiliate in escrow in order to collect these liquidated damages from the Affiliate. We will not collect them from escrow until You have exhausted or waived Your appeal rights and other legal remedies.
Sent via email = gone to my spambox. And you plan to fine your affiliates $250 per day for that?
Chapter XI, Point C-1:
The Affiliate is not permitted to register any Uniform Resource Locator (URL) or world wide web address that contains or infringes upon any other person or entity?s trademarks. Affiliates may not register URLs that contain any terms that are confusingly similar to any other person or entity?s trademarks or URLs. This includes use of any URLs that may be considered to be cybersquatting on another person or entity?s trademark rights, including but not limited to, those owned by XFC and discussed herein.
Now you also tell your affiliates that they cannot register other domains? Oh wait, I am going to handle half of my domains to you.
Chapter XI, Point D:
At any time, the Publisher may, at its sole discretion, require a copy of any and all legal documentation showing rightful ownership, or licensed distribution for any item displayed on the Affiliate?s website so as to resolve any copyright or other legal claims that may arise. If Affiliate is unable to provide ownership or licensing information to the complaining party and/or website, then Affiliate must remove the objectionable material, or face having the applicable pages taken down by the Publisher.
Nothing wrong with that, but if it's not your content, then you have no ground to demand whatever documentation you want... unless you want to know how much did my company pay for that content to a given studio. Obviously, not a good business idea to tell you.
Now try to explain me that you are affiliate friendly all you want... But unless that TOS goes completely changed, I don't think you are the kind of company/site my company would be interested in promoting.
