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View Poll Results: Should JuicyAds pay $50,000 to the client for mis-rated images? | |||
No, the client's demand is ridiculous and/or extortion! |
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51 | 87.93% |
Yes, the damage to client's website is worth it! |
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7 | 12.07% |
Voters: 58. You may not vote on this poll |
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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
Confirmed User
Join Date: Nov 2003
Location: Canada
Posts: 1,062
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JuicyAds client attempts to extort $50k for mis-labeled images
So here's the story;
Advertisers sometimes mis-label their ads in our network (nude, non-nude, general, etc). We fully review every image that is uploaded, and switch ratings to ensure that the images are labeled correctly. Every once in awhile something will slip through, and by no means is our network perfect. If reported, we simply change the rating or remove the images to resolve the issue. So, we have a client that is pretty upset (and I understand why) and we did our best to resolve the issue. It was then found that he was running an auto-refresh on his website (impressions fraud on our ads and TOS violation) and we requested he stop otherwise face suspension. And here's what happened, note the time stamps: Client [Aug 29, 2013 at 4:53 PM]: "As I am sure that you have been made aware, your network was showing nude ads on a non nude request. I have recorded screenshots, not only of the infraction, but of your service rep acknowledging seeing them. How can we resolve this?" JuicyAds [Aug 29, 2013 at 5:03 PM]: "This is actually already being resolved. Apparently an advertiser labeled some nude images as non nude, so we are in the process now of removing those images from his campaigns, which will clear then out of the network, and no longer appear on non nude ads. I sincerely appreciate you bringing this to our attention!" Client [Aug 29, 2013 at 5:28 PM]: "That's wonderful and all, but what is going to prevent this from happening in the future? Your publishers have expectations from your network, you have let us down. Your network obviously is in no way able to prevent this type of thing from happening. You are accountable to your publishers to ensure that this type of thing does not occur, but yet it has been. I'm sure that others will be interested in this occurrence, and many will withdrawal from your network upon publication of it. I can't be the only one affected by this. I'm wondering what kind of compensation JUICYADS is willing to offer me for this occurrence. It was your networks failure to comply with the request of a publisher for non nude ads, however nude ads were displayed and recorded, and acknowledged by one of your own employees. I await your response." Client: [Aug 29, 2013 at 5:59 PM] Are you going to respond to this? Client: [Aug 29, 2013 at 6:18 PM] "Since your ad network did not actively provide the necessary protection to me or your publishers, I am asking for $50,000USD in compensation for your networks inadequacy. I feel that this is a fair amount. It will prevent your network from being involved in a court battle, It will save both of us much time, money and press. I am willing to devote my time and effort into this. I have all screenshots of the ads that your network deemed "NON NUDE" and screenshots of your employees acknowledgement of your inadequacy to provide what you promised to your publishers. Please get back to me." Client: [Aug 29, 2013 6:24 PM] "I am open to offers to settle this out of court and out of the public eye. Please respond." === Several years ago, we didn't do internal review and relied on Advertisers to label correctly. After complaints, we added several layers of review. Today, JuicyAds staff reviews all images and banners to ensure they are acceptable, labeled properly, and we follow up with any reports that something is awry and simply make it right. We have various image blacklists, and strive for the majority of issues to be caught internally. I'd love perfection, but humans make mistakes. Regardless, this is my public apology to this client and any others we may have let down by not being 100% perfect in our efforts to review and correct mistakes made by our advertisers regarding image ratings. This client appears to still be running our ads on his website, but is demanding $50,000 in payment to keep this issue "out of court and the public eye." What do you think we should do? Vote above. |
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#2 |
So Fucking Banned
Industry Role:
Join Date: Jun 2011
Location: the land of woke sleuths
Posts: 16,493
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They have to prove, in court, money was lost and you caused it, and prove to a judge what that number is.
Maybe a case for Judge Judy. |
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#3 |
Promoting Debate on GFY
Industry Role:
Join Date: Apr 2007
Posts: 27,173
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There are some twisted folk out there
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#4 |
Jägermeister Test Pilot
Industry Role:
Join Date: Dec 2001
Location: NORCAL
Posts: 73,964
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Mistakes are made. Client sounds like a douchebag.
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#5 |
Confirmed User
Industry Role:
Join Date: Aug 2007
Posts: 6,697
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He's being ridiculous asking for $50k but I'm not sure that all auto-refreshing is impression fraud though it may still be a violation of your TOS. I've used rotators which did that automatically by default and if you only had one ad for the spot it might still rotate the one ad every 15 seconds. For certain iframes the behavior can make sense too like for a dating creative where it loads different profile pictures per impression.
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#6 |
Permanently Gone
Industry Role:
Join Date: Mar 2004
Posts: 10,019
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I assume this $50k demand is being made by a $100/wk client?
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#7 |
Too lazy to set a custom title
Industry Role:
Join Date: Oct 2006
Location: Earth
Posts: 30,989
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i think you should ask for this thread to be deleted.
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#8 |
Confirmed User
Join Date: Nov 2003
Location: Canada
Posts: 1,062
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#9 |
Confirmed User
Join Date: Jun 2002
Posts: 9,506
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Looks like fun.
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#10 |
Confirmed User
Join Date: Jan 2006
Posts: 6,218
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I saw a boob once. Please send me $50k too.
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Sup |
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#11 |
Femcams.com
Industry Role:
Join Date: Jul 2011
Location: bjcam.com
Posts: 12,223
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No, the client's demand is ridiculous and/or extortion!
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#12 |
Confirmed User
Industry Role:
Join Date: Feb 2008
Location: Paris - Miami
Posts: 6,537
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Don't you have TOS he agreed to when he signed up as a publisher?
This guy is out of his mind and can't prove the loss of revenue. He's playing you!
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#13 |
Pay It Forward
Industry Role:
Join Date: Sep 2005
Location: Yo Mama House
Posts: 77,228
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+1 on that
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#14 |
No, I am not banned
Industry Role:
Join Date: Nov 2003
Location: ChatGF.com
Posts: 5,345
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__________________
TubeCamGirl.com |
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#15 |
So Fucking What
Industry Role:
Join Date: Jan 2004
Location: Whore Island
Posts: 14,445
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Tell him to go snort a line of HIV infected dingle berries
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#16 |
Confirmed Chicago Pimp
Industry Role:
Join Date: Aug 2004
Location: Chicago
Posts: 7,100
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If there isn't something in the TOS then add something covering possible image classification issues. Personally I'd spend 300k in court b4 I paid him 50k.
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#17 |
So Fucking Banned
Join Date: Feb 2006
Location: between east coast and vegas
Posts: 2,067
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you might have to litigate
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#18 |
Confirmed User
Industry Role:
Join Date: May 2012
Location: With your mom
Posts: 5,189
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What a moron your client is...
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#19 |
Icq: 14420613
Industry Role:
Join Date: Mar 2001
Location: chicago
Posts: 15,432
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#20 |
Mayor of Thneedville
Industry Role:
Join Date: Oct 2004
Posts: 25,217
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I'm not an attorney.. but ...
An attorney might argue that publishers put their faith in you and your system and the promises you've made to them. An attorney might argue that its idiotic to allow advertisers to make the choice whether or not to display adult ads on non adult sites when the publisher has already made an effort to display non-adult ads. An attorney might argue that you incentivize people to advertise on non-adult sites because as I understand it, ads are displayed in the selected category and above. I.e. "non adult" ads can be displayed in softcore, hardcore. Therefore any damage done to the publisher was deliberate and where you then directly benefited in additional ad impressions or clicks. An attorney might ask you to beg the mods to delete this idiotic thread and beg you to stop talking. You don't always need to respond to legal threats, but only a moron would take additional steps to continue to agitate and provoke with absolutely nothing to gain in doing so. An attorney would also bring up the fact that you made a defamatory statement in the thread title accusing this person of a criminal act, adding yet another cause of action to a civil suit. That said, depending on California law as well as that of his location, it certainly seems like an open and shut case of a criminal extortion attempt. The "out of the public eye" was not a smart thing to say (read: "pay me what I demand or I will embarrass you and your company"). Such a statement I believe would get any attorney disbarred in any state. Making any kind of threats and demanding unjustified compensation was very unwise. I would guess stating specifically that failure to pay means going to court, where damages again are not clear and the amount seems both excessive and arbitrary was also not a wise thing to say. Furthermore, California has a loser pays law I believe, so he cannot sue without the threat of a counter suit as well as having to pay all your reasonable attorney fees incurred in the defense. Had you just acted your age and fired back a tersely worded letter from a credible attorney, you could have most likely shut this all down before it started.
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#21 | |
So Fucking Banned
Industry Role:
Join Date: Jun 2011
Location: the land of woke sleuths
Posts: 16,493
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Quote:
But you did make an argument that sounded actually like an attorney ![]() Jay would not have come on here if the guy was purchasing 100K/month... the dude is likely buying $50/month and tried to extort 50K with education from movies, poverty, and a twinkie diet. |
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#22 | |
Mayor of Thneedville
Industry Role:
Join Date: Oct 2004
Posts: 25,217
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Quote:
It costs 100s to file a lawsuit to make a point and that lawsuit is forever on the public record making any allegations or accusations one wishes. Furthermore, once filed, the defendant has to respond and that costs money.
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. Yes, fewer illegal immigrants working equates to more job opportunities for American citizens. Rochard |
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#23 |
Confirmed User
Industry Role:
Join Date: Jun 2003
Location: cyberspace
Posts: 8,021
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A tosser!
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#24 | ||
Choice is an Illusion
Industry Role:
Join Date: Feb 2005
Location: Land of Obama
Posts: 42,635
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Quote:
Quote:
While it's tough to bite your tongue on this sort of bullshit that is effecting the business you had built with your blood, sweat and tears. At the same time, if you're seriously going to let the lawyers handle it, you need to keep quite and let them do their thing. Any good lawyer will tell you that you should not engage in these sort of pissing wars on a public forum. ![]() |
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#25 |
Confirmed User
Industry Role:
Join Date: Jul 2009
Location: LA and Florida
Posts: 1,887
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Channel your inner Harvey (only Suits viewers will get this)
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#26 |
Likes Pie
Industry Role:
Join Date: Dec 2007
Location: The land that liberated porn
Posts: 12,401
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This
![]() Even though when 999/1000 times people in this industry threatens with legal action, it ends in nothing, you don't want this thread around if it does. Just ask for it to be deleted, treat the person nicely and then otherwise just kick it over to your lawyer. Don't pay the 50K lol |
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#27 |
(>^_^)b
Industry Role:
Join Date: Dec 2011
Posts: 7,223
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Close his account for breaching the TOS. I guarantee nothing else will happen.
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#28 |
The Video Specialist
Industry Role:
Join Date: Jul 2003
Location: California
Posts: 5,615
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#29 |
It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Ask your lawyer to look at your terms of service and the standard contractural language in the contract/agreement for the paragraphs relating to this situation; disclaiming any liability or limiting the damages to the cost of the ad -- these clauses should be there ... |
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#30 |
Registered User
Industry Role:
Join Date: Jul 2013
Posts: 82
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#31 |
So Fucking Banned
Industry Role:
Join Date: Oct 2007
Posts: 6,748
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Perhaps the internal review needs to be reviewed.
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#32 |
Too lazy to set a custom title
Industry Role:
Join Date: Mar 2004
Posts: 16,116
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Does Chris ever get on Skype? Been trying to reach him for a month and a half.
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#33 | |
2011 GFY Hall of Fame!
Industry Role:
Join Date: Nov 2000
Location: Back in Texas!
Posts: 15,224
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Quote:
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Looking for Opportunity! ![]() |
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#34 |
Confirmed User
Industry Role:
Join Date: Feb 2002
Location: I Roam Around
Posts: 2,236
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LOL @extortion attempt. I mean, I've squawked a couple of times about inappropriate network ads, and they got politely fixed ... or, in one case, I had it gently pointed out to me that I didn't properly understand the classification parameters. But it never occurred to me to demand compensation for, what, the intangible damage to my commercial image suffered by display of an inappropriate picture? This is just basic commercial give-and-take; you give the network a little leeway to push stuff to your pages and if you don't like the results, you either suck it up (while cashing the checks), you hash it out until you DO like the results, or you find another network. Some people just shouldn't be in business, I swear.
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#35 |
Confirmed User
Join Date: May 2009
Location: San Francisco
Posts: 1,795
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Im still suffering from PTS disorder from seeing janet jackson's nipple during the super bowl. The NFL owes me 50K!
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#36 |
Confirmed User
Industry Role:
Join Date: May 2005
Location: UK
Posts: 1,201
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Yeah, fuck off clients , who needs your business you idiots. Like anyone gives a fuck if you want decent service. FTW. fuck em all.
Sorry if I got that wrong, but is the question , who gives a toss about service and client expectations and whatever is promised to them is totally irrelevant? |
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#37 |
Confirmed User
Industry Role:
Join Date: Apr 2012
Posts: 168
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Jay. Let your lawyer handle it and get back to work. It not even worth your time if the client is not spending a high dollar value with your company.
I would simply write back and say you are closing his account and provide your lawyers details.
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#38 |
Confirmed User
Industry Role:
Join Date: Apr 2013
Posts: 1,060
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Close the clients account and be done with it. He's not going to take you to court.
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#39 |
So Fucking Banned
Industry Role:
Join Date: Aug 2013
Location: Agrabah
Posts: 323
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