what going on here any poon pics?

Great! Maybe you and D can go jack off at the movies... :thumbsup

seriously, you should have just stayed out of the thread..

now that the relationship is pretty clear between you and jenni... both your posts are lame... :2 cents:

Due, would you pay shoehorn if you were in DirtyD's position...

yes or no?

Also promotion via keyword hijacking adware does not appear to be in the TOS.

Would you have looked at it different if that is how it was done ?

At the same time please keep in mind that adware is not actual illegal software but is also operating in the grey area as it's usually designed to take advantage of those from who you are superior (in other words, the stupid surfers)

If you deal with the law then you have to be very specific if you start specifying certain things. In this case it seems to be neither allowed nor disallowed.

Agreed. :thumbsup


p.s. See sig.

Specifically speaking:

Dirty D made a decision to not pay an affiliate but continued to accept the affiliates purchased traffic.

That's stealing.....Specifically speaking.

Bump for Shoehorn. Bump for Justice.

mispost...

any non-shady program in this position would have used this thread/drama to make themselves look good - they'd have made good on the money they owe Shoehorn without agreeing with him. everybody would have clapped and commended DirtyD for doing the right thing.

Shoehorn wants his money and Dirty D is on vacation...

Oh, and here's a poon pic:

http://www.asiandivagirls.com/gfy/mr-poon.jpg

ADG

i hear your point. what people have to understand is that adult was built on a foundation of a "free for all". this industry has grown past that which is why people with no business background are having a tough time surviving. brick and mortar companies learned a long time ago that when it comes to business, contracts rule..

any judge will tell you that ignorance is no excuse when it comes to law..

the issue here, imho, goes to the core of contractual law. if you run a business, then you need to run your company as a business.

i deal with a lot of mainstream affiliate programs and they are all very clear when it comes to their terms and their clients terms.

i dont have a single personal issue here with d. what i do have an issue with is that shoehorn acted within d's tos (which doesnt really exist).

in a court of law, this is a cut and dry case... :2 cents:

This is going to be the most expensive $350.00 in the history of the adult internet.

Should've paid the man his money.

So who is going to design your show floor t shirts?

:winkwink: :pimp

I have a feeling this thread just got more life... 10 pages worth.

FAKE NIC.... :1orglaugh

(at least that what's dirty d says about anyone that doesnt take his side)

http://media.merchantcircle.com/3000...41_medium.jpeg

I am not sure if the Playhouse Theater constitutes out of the country but judging by the girl in the picture, she does look like an ugly fucking foreigner.

Exactly, that is the real issue here.

It's funny that my opinion is interesting now that you are aware of my relationship to Jenni.
I would base my choice if he made an effort or not to solve it.
I probably would have paid him and moved on.
Do I think he deserved it ? Probably not.
Again, it's all a question of his attitude towards me.

If any promotional tactic is not illegal and not specified as not welcome in the program's terms, then yes - sales generated are to be paid out. In your example, if the adware isn't illegal, he should be paid (though obviously posting a thread about that situation would likely garner him a lot less support).

So someones attitude towards you determines if you pay them the money you owe them or not? I am glad I deleted that email from you that you sent me a couple weeks ago about using your billing.

And once again for the record, I tried to "solve" this with him over a period of two weeks.

There is absolutely nothing that is a cut and dry case when speaking the law. Words like intend, effort or best effort, knowingly makes a world of difference.
Especially dealing within areas where it is questionable if it can be defined as cybersquating or not.
Most companies is very strict about their contracts but very often they are not worth the piece of paper they are written on.

We have ourself had to write off 6 digits sums in the past due to word games in contracts. A contract/tos give you something to challenge, it doesn't protect you :2 cents:

Actually my terms is quiet clear and I guarantee payments till termination of the service, regardless if I receive settlements or not from our carriers and contractual partners. :2 cents:

I get the feeling youre doing your best to answer this without flat out saying yes you would pay him to save face with your friend...

So assume you are still in DirtyD's shoes... or a couple days ago rather when this thread was posted. Seems shoehorns emails all seemed professional and willing to cut it out, just wanting his money earned, especially since it was accepted before then not accepted and payments denied without notice later.

so here 'you' are with finding this thread... are you saying even though it wasnt in your TOs that you would not pay your affiliate and move on?

You wouldnt pay him if he got a little pissy beforehand? Youre saying you would base your choice to pay him on emotions between one another and not was legally binding?

There is one simple answer here and some people seem to want to fight that...

sssh you are a fake nick.. what do you know noob?
:winkwink:

and yes dirty d this will cost u $x,xxx or even $xx,xxx in lost sales.. dumb fuck..

Just so you know, all my emails were professional. I tried to explain to him what I was doing and tried working with him to get my money, but he refused. :2 cents:

No but here's a poon video

thats why lawyers have insurance and thats why one should use them..

if you lost a case in court due to the wrong interpretation by your lawyer(s) then you can sue your lawyer..

i would be interested in hearing more about your case where you had to pay 6 figures..

did your lawyer suck or was their lawyer that much better?

or did you make the mistake of relying on people with no legal training to interpret the contract?

I figured that... that specific part was hypothetical...

because its a clear case of conflict of interest...

come on bro... its human nature to stand by the ones we love and choose sides based on feelings..

i wont fault you for that... i will fault you (as a successful business person) for not knowing when to sit on the sidelines..

if your girl wants to support this shitbag then fine, but support her at home not on the boards.. :2 cents:

Agreed. Support her all you want on your dime. Not mine. Sit on the sidelines and watch because your views are subjective. Bottom line is shoe was fucked over and wasn't paid for the joins he WORKED HIS ASS OFF to send over. The TOS were not clear. You and your old lady should play with each other on your own time. THIS IS OUR TIME.

We paid 6 figures to our clients which I do not regret, we did not collect the same payments from our contractual partners that had the direct contract with the telecoms via interconnect agreements.
We could not collect as our contract said we would be paid when they got paid and passed on the payments. If they did not get paid there would not have to legally pay but only make an effort to collect the payment, not collect based on their best effort.
Our contract was vague, although it was about 20 pages, it's a lesson learned and mistake that will not repeat. :2 cents:
Personally I think a few people got some fat bonuses to pull that stunt but can't prove it and we did spend a lot of money trying to challenge it and ultimately decided to put it to rest.
It taught us a very important lesson, I would never put a client in the same position if I had previously told them I would pay. I pay. (granted you do not engage in criminal activity) :2 cents:

correct me if i am wrong, but it sounds like you did the right thing based on your beliefs and paid the clients even though you were at fault for not having a clear and concise contract?

so, what would have happened if you would have not paid your client? it sounds like you would have had a valid reason to not pay your client? your client would have understood?

if so, then why did you pay the client?

I was thinking the same thing!

i was thinking i shouldn't put my hand in dirty d's popcorn bucket.

Sorry I'm not being clear. Our payments is guaranteed. It means that we guarantee the payments. That's why we paid our clients!

I do not know if our clients would have understood, we never asked

C'mon, for fucks sake. Even Walmart shows goodwill with taking refunds without a receipt and you don't even have to have bought it at their fucking store. Pay it, get some respect back (if possible), and then change TOS. If you don't change the TOS now, it will really look like you are purposely trying to fuck webmasters over who use the same marketing idea.

My mistake - subcontractor.

no offense, but who the fuck are you?

http://icanhascheezburger.files.word...re-in-jail.jpg

True dat... :Oh crap

http://www.spoiltvictorianchild.co.u.../Popcorn_2.jpg

http://www.hornystyle.com/images/Ima...Friends-Ea.jpg

Send us a postcard Dirty D...since you are apparently "vacationing" at a "resort" without internet access. :1orglaugh

ADG

:1orglaugh:1orglaugh:1orglaugh