Thank you for the info, Paul. :thumbsup

Is that what Marcel told you?

If so he was lying to you. The license is included in the buying process for the buyer to download, keep and print on all sales. It's also in the clients shopping basket area for all time.

Marcel never signed is and sent it to us, if he had he would of got it back signed by one of my staff. It would clearly state the content, price and what the content was licensed for.

Andre never made a purchase on the site according to our data base, are you saying he was an owner of smokincash and sold it to Marcel?

I have the license in the database and can see it. Want to see the proof?

Why don't you just come with an proposal for him to get the whole case
solved or tell him which content is yours that needs to be removed instead
of going back and forth over misunderstandings. :2 cents:

Yes, i asked about 25 times to see the license but you refused so far all the time, so yes, i'am still interested to see it of course....

because his intention isn't to solve the problem and issue but revenge for the "shitlist entry" of his affilate program on another forum where i'am a mod.
If he had made a fair prosposal we would have solved already, also the reason why he refuses to tell us exactly what and where his content is, we would have removed it by now x times but he didn't tell us upon all our requests. It's obvious he is not interested in solving the issue the one or other way, at least not so far...

The licenses as on our database. The licenses Marcel could of printed out and kept and got me to sign. The licenses he could of got to sign.

Clearly states the content license is not for affiliate distribution and reselling content to other webmasters.

http://www.paulmarkham.com/temp/pononada.jpg

http://www.paulmarkham.com/temp/pononada1.jpg

http://www.paulmarkham.com/temp/pononada2.jpg

http://www.paulmarkham.com/temp/pononada4.jpg

The domains allowed by Marcel to display the content on.

http://www.paulmarkham.com/temp/pononada3.jpg

http://www.paulmarkham.com/temp/pononada5.jpg

Want to claim it's a photochop? Other customers will tell you these exist. I will allow a trusted third party to login and see the licenses on the database.

No need for a 3rd party, i'am fine with that, i was just curious as i never saw it indeed. Is this the only excisting license or are there more?

Because that's where it started. I made countless offers to resolve it, all refused by him.

He knows this URL has our content, I told him yesterday on Ask Damage. http://www.smokinaccess.com/ Do you still see our content on that page?

OK here's an offer again.

Take down the content you don't own NOW. Or pay for it. Including the affiliates use license. Pornonada can make a public offer here and now.

Pornonada has had countless offers from me, from $2,000 down to a free banner on AD. All refused. Content still used. And probably still inside the site. We only have his word it's not and it's on the tour, on the affiliates side and given out on http://www.smokinaccess.com/

So all this content is NOT in the members area?

Maybe Pornonada would like to give me a login to the members area. He kicked me out of the affiliates area when he knew I had caught him out. Maybe someone else would like to look.

He made 5 purchases under the name of Marcel, all with it's own license. He could of grabbed a license at anytime and shown it to you. Any client will tell you they are all on the site to see. So is the invoice and the ability to add domains to the license.

There might be others purchases he made under different names. Andre never bought.

Most have been bound with things we can't give or do

Very funny, hard task if someone is NOT aware what exactly is your content and where exactly it's all displayed, means which FHGs, which pic exactly on a tour or design.

You sell the licenses, you make the price. All i can say is that we will not pay 5 times the price or US$ 11.000 for the affilate usage but prefer to remove it of course and replace this content from producers and brokers that cover such usage as well for a fair price.

As said again 100 times, your countless offers have been bound to things we can't do. We can't give you a free banner because your program is shitlisted. Your next offer was to remove you from the shitlist + US$ 200, while there is no problem with US$ 200, i can't remove you from the shitlist to make such deal. The other offer for US$ 2.200 for buying the content at exactly the same price again wasn't realy an offer or proposal because for that price we would have bought the content again, lol. Now your last blackmail offer yesterday was the full price x 5 for the affilate usage which we refused of course but prefer to remove the content if that's your last word

[QUOTE=Paul Markham;13824250]
Content still used. And probably still inside the site. We only have his word it's not and it's on the tour, on the affiliates side and given out on http://www.smokinaccess.com/

Yes, it's still there on the tour i guess and yes, it's on the affilates area which i got aware yesterday, but i take the full vault for that as well as i don't await that anybody believes me that i wasn't aware that some content was/is used on some FHGs

ALL the members area have been lost completly due the bad server move.
They are being restored step by step by the new owners with the content we got back from the other content providers. And yes, i realy hope there is NO content from you there

That's another blantant lie, i NEVER kicked you out, i'am even not aware you joined. I never had to hide anything. It's a public issue for some weeks now and i don't think someone is able to hide FHGs that have been up for months before i bought the program. The whole fact alone that not one single piece has of content has been removed so far should tell you that i don't hide anything.

Send me these 5 licenses please, they aren't anyway valid for me but would help to find your content much faster after we know what to search and look for exactly. You have sent you my email yesterday about 5 times so you have it i guess.

Or make a final public offer to get this resolved, because we are already in contact with removeyourcontent.com and i want hesitate to pay him to remove your content from allover smokincash to have this unlucky chapter finally closed. It's all up to you as i admit ALL my mistakes and it's more than obvious that i try to solve the situation one or the other way....

Good man ..... :thumbsup

Some clarification for readers who don't know what "the shitlist" is: it is a forum on another board where shady sponsors are listed.

Pornonada is a moderator on that board, not an owner, so I'm not sure why or how Paul thought he could action the removal of the thread shitlisting him. Ditto with banner ads on that forum.

To transfer the 5 licenses to you for the PAYSITE use only $250.

We will supply you with a new FTP for the content and new licenses.

Content use in the affiliates area is, 3 times the original purchase price to give it to affiliates and 5 times the original price to put it in FHGs and give it to affiliates. Less the original purchase price paid by Marcel. So 2 and 4 times.

Because when i bought the program we have been 3 people that wanted to run the program together, me financing it and the other 2 managing different tasks. Than back askdamagex was one of them but right after the buying of the program the idea was no longer an option for reasons i don't want to comment here. However, i was left alone and that's one of the reasons i sold the program again as it was obvious to me immediatly i can't run it alone...

Wait, am I following this right: he
a. Never saw the license
BUT
b. clearly violated the license

How would he know he violated the license if he has never seen it?

I never said he knew he was doing it.

He said he had looked at the licenses on our site and said he thought they were made out to a domain. He must of seen we do not license for affiliate use. Does that clear up that one?

Pornonada if you are selling the site I think you had best take all our content down. Don't want this all over again.

Because I was talking to DamageX who I believe has the power. I asked for a free ad, he said that would mean him taking me off the shit list so I said that as well. :winkwink:

I was put on the shit list when I refused to give affiliates un watermarked content. Seems DamageX thinks we should and to disagree with him is good enough to get you shit listed. :Oh crap

http://www.smokinaccess.com/images/myexpic1_big.jpg

So it would be, $250 + 4 x $2.200 = $9.050

reading your next post it seems you would like to have that whole thing taxed another time when the program is finally transfered to the new owners. But anyway, that offer isn't of any interest for me neither i want to deal in some days again with the transfer to the new owner again so i will stick with the removal.
Send me please the 5 issued licenses so we can lookup your content and forward them to removeyourcontent so he can go through everything way faster and more easy or send them just directly to him if you feel more comfortable that way, there is actually no need for me. So in some time your content will be removed from all smokincash sites, fhgs and tours, i hope you are satisfied now.

Now the final question, as the content would get lost that way i at very least would prefer that the previous owner and original buyer of the content could use the content than. How much will it cost to add an additionally doman to the license agreement? From what i see the license is for 10 domains, but only used on 3 domains, so is there a fee to have the 3 removed and add other domains to the previous owner so at very least he can use the content?! Just a thought so the money paid once isn't lost totally.

I didn't make any comments on the thread you are talking about which lead to a shitlist entry, but if i remember right it was more of the sort that you admited to give shit about your affilates, but i could be wrong.

As i said, i didn't comment anything in the thread you mention, so i will have to look it up when i have some spare time...

i would say that this is the typical paul thread

HAHAH THIS PIC IS TOO DAMN FUNNY:-

http://www.sharkyfarts.com/gallery/d...magic-paul.jpg


Sorry ... but it's hilarious .... HHAHA OMFG HAHAHAHAH

http://www.sharkyfarts.com/gallery/d...magic-paul.jpg

owner of photographs issues license for use of his/her copyrighted work. If this work is used outside of license terms, it's wrong. Plain and simple. If you don't have the license to publish images affiliate areas, you simply can't do that. There's nothing else to discuss here.

No it would of been $250 for all the licenses and the resupply of the content.

But the original license does not give the licensee the right to resell it. So if you want to sell it on again you're asking for a brand new license. Not the old one transfered. A license we don't give to others.

As for the original buyer using the content again. This clearly shows your lack of understanding of license terms. Go back and read them and see why I am well within my rights to turn down this request.

License terms are there for a reason. To stop people from abusing them.

As for your eagerness to remove the content. You can make an immediate start with these banners and any content that relates to them inside the site.

LesboFever.com MyExGirlfriendz.com ToyTeenies.com

And the images that are with this one.

http://www.smokinaccess.com/images/myexpic1_big.jpg

But you have known this for a while now.

The rest I will do when I have time, I have to go shopping. But here's a tip. If you don't own a license you probably should question whether you have the rights to publish or resell it to a new owner.

I never said you had anything to do with getting me shit listed. So no accusations.

Ok, i was just considering to pay these US$ 250 bucks so at least the tour pages and member areas could be used and restored as they have been, but that comment made me again immediatly clear that you are not interested in a solution. You are well aware that we are in the process of selling smokincash at the moment, so just another typical "Paul-Markham-impossible-to-agree-proposal", right?
What are you trying to do? Do you mean that the proposal is US$ 250 for transfering it to me and at the very same time a brand new license for US$ 2.200 for the new owners of smokincash in some days? Or is it US$ 250 to me and US$ 250 for the new owners? I realy get confused with all that offers and proposals...

granted i am not personally involved in this transaction so i can not say with certainty that it is a corporation HOWEVER i am fully aware of the legal hoops you have to jump thru to get a corporate entity to buy something for an individual, even when that individual is the 100% owner.

I know that the affiliate program was a corp since we were paid out of a corp account.

at least in canada and i believe in the US, the default status of a representative of a corporation entering into an agreement using that company money to pay for said agreement is "agent of" status.

basically under the conditions you stated you entered into a fraudlent contract
which would allow the corporation (smokincash) the right to revoke and ask for a refund.

if i were pornonada would be asking questions like
did you get the directors of the smokincash corporation to sign off on the assignment of a licience to an outside individual?

if the answer is yes
can you prove that you got such written authorization ?

Paul you know full well what you are doing here is wrong.

There is no point in arguing with you. You only hear what you want to hear, and in doing so your argument is skewed.

A misunderstanding does not make one a 'Scammer and Pirate', but if it makes you feel better, carry on with your lies, many lies since this started.

Pornonada, I'd just say "fuck it" and remove his content. Too much hassle over something that should be very simple to resolve. I'm sick of reading all these twists myself, you must be tearing your hair out trying to understand what the fuck Paul wants you to do...

see this is where i have a problem with what you were claiming

if the pornonada were to pay you $250 why does he have to do it as an individual
why can't he purchase it as the corporation so that when he sells it the liciencee does not change

the new owner of the corporation would own the existing licience and therefore have no need to purchase another licience from you again, because there was no tranfer of the liciences (since it was the same corporation)

you seem to be saying that a corporation can't buy a licience, which brings us back to my original post.

No response for you I guess...but it is clear to me that...clueless...sells to a person...so if that person sells his business...the new owner/person has to repurchase the same content once again. In a brick and mortar business it would be like the new owner of the business would have to repurchase the stock from the wholesaler all over again...even though the wholesaler had already been paid for the stock by the previous owner. Nice scam...I guess...if one can get away with it.

Three pages?

ladidadida...