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Far-L 04-07-2010 10:17 AM

Quote:

Originally Posted by V_RocKs (Post 17011643)
How much does it really matter if it is? Lets think about it...

You can use it and promote someone else's program... They take you to court... The judge sees Top Buck's argument that they have been allowing certain advertisers to use the mark for promotional reasons. This other guy isn't an advertiser of the product associated with the mark. The judge rules that the guy either can advertise the site in question or give the mark to Top Bucks. It is pretty plain and simple...

And now lets look at the likelihood of someone using something like HerFirstBigCock and sending the traffic to Monster Cock Junkies. The surfer was searching for Her First Big Cock and doesn't really care for MCJ. So the conversions would be less than to send it to TB. It'd make NO SENSE!

So now lets say the owner of MCJ buys a domain for HFBC and he sends it to his own site. Somehow he gets #1 in Google. Now TB contacts their domain squatting affiliates and puts a price on their head. Instead of paying a lawyer 1000's they pay an affiliate $1000 to beat the other guy or get TB's own domain to #1...

And for the record... If you own a site and you cannot beat your affiliates to #1, you have something seriously wrong with your linking codes, etc... Cause getting #1 is pretty fucking easy since 95% of your affiliates have 1000's of links into your domains.

BTW, these programs all own their trademarks for their logos, site names, etc and copywrites to their content... Yet somehow they allow you to use it all to promote them. A domain name is NO DIFFERENT than your logo!

Your scenario, no offense, is full of speculative and assumptive assertions. First off, going to court would never play out in a manner that is so definitive. Second, the cost of going to court would have to be factored in. Next, you have to take in other possibilities, like what if the domain promotes not just the TB site but other competing sponsors in the same niche and makes it not so black and white and a judge and jury has to figure that grey area out for themselves.

I don't really understand what you are saying in that paragraph about price on the head and getting another affiliate to beat the one out. How is that a convenient solution?

crazytrini85 04-07-2010 03:04 PM

Quote:

Originally Posted by tinafaye (Post 17006497)
What I don't understand is why are these companies wasting the time of their lawyers attacking their affiliates?!

Why don't they team up and concentrate on attacking those that steal their content and post it for free... erm....ILLEGAL TUBES????!

Maybe because they own a lot of the tubes?

Jdoughs 04-07-2010 03:14 PM

Do I need to rewrite all the blog posts and pages that have any Nasty Dollars sitename mentioned in them?

I'm sure that will be next on the list. Since I am using your 'trademark' to promote you, I expect to be hearing this very soon.

I will make it very easy for you all. anything I have of ND's is coming down today.

Jdoughs 04-07-2010 03:16 PM

What is NastyDollars answer to ripping the html off these domains and putting it on their own servers, while only switching the referal code?

So these guys in question, send you sales for years, you JACK the domains, COPY the html, design, content, and replace the webmaster ids to your own.

Pretty fucking cheesy if you ask me. Play it how you want, word it how you want in the emails, but we can see by your actions what the real plan is.

You can't threaten people with money you owe them (closing accounts), and then rip them off since they need to get paid.

Fuck you guys.

Varion 04-08-2010 04:48 AM

Quote:

Originally Posted by nastythresh (Post 17010916)
Hey Guys. We understand all of your concerns and as always we want to work together with all of you to find a mutually beneficial arrangement. Please feel free to contact us directly.

Nastydollars
[email protected]
ICQ: 266736716

Why you weren't open to find a mutually beneficial arrangement earlier? Now you are ready to cooperate because your affiliates started to talk about your practices. I asked how long can you keep my ref code on 1 of my sites, but I didn't get any reply. You forgot that we are NOT your enemies.

SRT8 04-09-2010 11:09 PM

bump 1 2 3

mrjoint 04-10-2010 01:40 AM

I can see why companies do this. I used to promote a well known credit card company program about 2 years ago, Infact my site was #2 on google, above their own corporate site.

They never complained. Until one day I got greedy and decided to promote one of their competitors offers on the same site, boom, I got a letter. I had to turn in my domain and kiss it good by.

lesson learned :)

Fat Panda 04-12-2010 08:55 AM

Anyone learn anymore about this issue?

Far-L 04-12-2010 09:22 AM

Quote:

Originally Posted by mrjoint (Post 17020979)
I can see why companies do this. I used to promote a well known credit card company program about 2 years ago, Infact my site was #2 on google, above their own corporate site.

They never complained. Until one day I got greedy and decided to promote one of their competitors offers on the same site, boom, I got a letter. I had to turn in my domain and kiss it good by.

lesson learned :)

Thank you for coming forward with that; it is one great reason that programs have a problem with this issue. In adult, there is another possibilitiy that needs to be considered. Say a trademarked domain gets used to not just promote a competitor, but a competitor with content that is questionably legal. Now that site might not just be confusing the trademark but associating it with something that the original trademark holder wants zero connection to.

This is certainly a issue where both the affiliate and the mark holder/program need to walk a mile in each other's moccasins.:2 cents:

tonyparra 04-12-2010 11:35 AM

Can we get a list of sponsors who do not allow this at all, and those that do?
I asked one and they said it was cool but im getting the feeling they could change at anytime.

Far-L 04-12-2010 12:20 PM

Quote:

Originally Posted by tonyparra (Post 17026209)
Can we get a list of sponsors who do not allow this at all, and those that do?
I asked one and they said it was cool but im getting the feeling they could change at anytime.

In my opinion...

Anyone that tells you it is cool to do whatever is probably not listening to the advice of a good IP attorney. Any company with a mark worth protecting either has or should have a very clear guideline on what you can or cannot do with the marks.

Every program I know of has terms in their affiliate agreements that make it possible for them to change, alter, amend, etc. their terms to be able to change their minds on things like this with zero to minimal notice. So, no matter what affiliate rep jumps in here to snag biz from this conflict telling you whatever you want to hear, there is still going to be the plain open truth fact that the ownership can change its mind on a whim and the affiliate will have little to no recourse for reconsideration.

pradaboy 04-12-2010 12:27 PM

Quote:

Originally Posted by Far-L (Post 17026405)
In my opinion...

Anyone that tells you it is cool to do whatever is probably not listening to the advice of a good IP attorney. Any company with a mark worth protecting either has or should have a very clear guideline on what you can or cannot do with the marks.

Every program I know of has terms in their affiliate agreements that make it possible for them to change, alter, amend, etc. their terms to be able to change their minds on things like this with zero to minimal notice. So, no matter what affiliate rep jumps in here to snag biz from this conflict telling you whatever you want to hear, there is still going to be the plain open truth fact that the ownership can change its mind on a whim and the affiliate will have little to no recourse for reconsideration.

So why don't you own names like homegownvideo.com & homegronvideo.com?

Far-L 04-12-2010 12:31 PM

Homegrown Video is trademarked
 
Quote:

Originally Posted by pradaboy (Post 17026426)
So why don't you own names like homegownvideo.com & homegronvideo.com?

Thanks for bringing those to my attention. :thumbsup

tonyparra 04-12-2010 12:44 PM

Quote:

Originally Posted by Far-L (Post 17026448)
Thanks for bringing those to my attention. :thumbsup

what i want to know is if you would have a problem with affiliate promoting homegrownvideotube.com? I dont have this domain, but im just saying if someone is selling your product on this domain exclusively why hammer him after he did all the work? makes no sense, and yes i understand the use of marks, non-competes, etc I used to own some stores in a national franchise chain. The site owners are losing that revenue to tubes and torents, cus dumb surfers are typing those terms in and getting free porn first.

Now there is difference to someone who jack your domain, buy the mispell, then cross promo other sponsors. But there is no good reason to hammer guy who simply registered another variation of your name and promotes only your product. I actually used to like some of these brands but now :321GFY ill stick to smaller sponsor take my chances.

Btw, the first time i signed up for a porn membership, i typed in "bangbros videos", cus i heard from a friend and saw on their computer the cool bb content on assparade. That was 8 yrs ago. Now if i made the same search i may type "bang bros tube". Go ahead google it. And come back and tell me how many affiliate or sponsor links come up in top 10.

pradaboy 04-12-2010 12:45 PM

Quote:

Originally Posted by Far-L (Post 17026448)
Thanks for bringing those to my attention. :thumbsup

WIPO is your cheapest option, even a so-so laywer should be able to get those transferred. WIPO is $1500, lawyer costs depend on the lawyer. If you want me to find you anymore drop me an e-mail. I'll run a scan for you.

Far-L 04-12-2010 01:34 PM

Quote:

Originally Posted by tonyparra (Post 17026493)
what i want to know is if you would have a problem with affiliate promoting homegrownvideotube.com? I dont have this domain, but im just saying if someone is selling your product on this domain exclusively why hammer him after he did all the work? makes no sense, and yes i understand the use of marks, non-competes, etc I used to own some stores in a national franchise chain. The site owners are losing that revenue to tubes and torents, cus dumb surfers are typing those terms in and getting free porn first.

Now there is difference to someone who jack your domain, buy the mispell, then cross promo other sponsors. But there is no good reason to hammer guy who simply registered another variation of your name and promotes only your product. I actually used to like some of these brands but now :321GFY ill stick to smaller sponsor take my chances.

Btw, the first time i signed up for a porn membership, i typed in "bangbros videos", cus i heard from a friend and saw on their computer the cool bb content on assparade. That was 8 yrs ago. Now if i made the same search i may type "bang bros tube". Go ahead google it. And come back and tell me how many affiliate or sponsor links come up in top 10.

Well in our case we are pretty up front about wanting people to ask permission first and then we are very specific about what is ok or not ok. We are also small enough to have reasonable control over the situation. We have had some nightmarish legal precedents in our history that have made us very aware of the advantages and disadvantages of affiliates using/misusing our marks. Since our brand is literally the oldest established amateur video brand we have to be hyper vigilent about our marks.

So far, as a result of our experiences, we have been able to amicably resolve nearly every dispute without resorting to attorneys or WIPO complaints and with turning the webmaster into a successful affilliate. We always start with the sugar, never the vinegar; works for us.

pradaboy 04-12-2010 01:43 PM

Quote:

Originally Posted by Far-L (Post 17026652)
Well in our case we are pretty up front about wanting people to ask permission first and then we are very specific about what is ok or not ok. We are also small enough to have reasonable control over the situation. We have had some nightmarish legal precedents in our history that have made us very aware of the advantages and disadvantages of affiliates using/misusing our marks. Since our brand is literally the oldest established amateur video brand we have to be hyper vigilent about our marks.

So far, as a result of our experiences, we have been able to amicably resolve nearly every dispute without resorting to attorneys or WIPO complaints and with turning the webmaster into a successful affilliate. We always start with the sugar, never the vinegar; works for us.

Good luck with TRFCN, I doubt they'd even respond, looks like it's just a front. They own a large portion of the best paysite typos.

datatank 04-12-2010 01:54 PM

Quote:

Originally Posted by CyberClaire (Post 17006327)
Yes I agree.

At one time many programs didnt mind you having thier name in your domain as long as you promoted them . I had a few like this not to cybersquat but it simply makes the surfer not feel he has gone to a different site.....but recently as adult gets harder to make $$$$ changes ranging from this domain issue to major webmaster general terms are getting hit...most times its not in the favour of the webmaster.

LOL

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u-Bob 04-12-2010 01:56 PM

Quote:

Originally Posted by Robbie (Post 17011839)
There is also this to think about:
No judge involved or any of these other scenarios: If TopBucks (or anybody else) doesn't actively protect a trademark they lose it. Not that the govt. goes around searching for every trademark in the world...

But, let's say that Top Bucks goes after a pirate (as they are doing right now in court). The pirate lawyers point out that TB doesn't protect their trademarks. Probably isn't going to win the case for the pirates...but it DOES put TB's trademarks at risk of being default.

Isn't what Topbucks is saying a bit like a franchise agreement?

u-Bob 04-12-2010 02:00 PM

Quote:

Originally Posted by SAC (Post 17013148)
I was told ANYTHING with a ND site name in the url

so what about NDsitename.mycrazypornsitdomain.com? or http://www.mycrazypornsitedomain.com...ame/index.php?

Trixxxia 04-12-2010 02:05 PM

At the end of the day, I'm happy a lot of you are starting to see the value of a good program. I'm happy I switched everything to TB when I started working with them and didn't change anything even after I left. I don't do anything to promote them anymore, yet I still make money from 5-6 yr old sites.

The more appreciation they get from affiliates, the gladder I am cuz they deserve it! There are few outstanding programs still left in the gam, and Topbucks is on the top of the list.

pradaboy 04-12-2010 02:10 PM

Here Far-L I did you a favor, good luck chasing them all :glugglug

hoemgrownvideo.com
homegorwnvideo.com
homegrownviedo.com
homegrownvidoe.com
hmegrownvideo.com
hoegrownvideo.com
homgrownvideo.com
homegrowvideo.com
homegrownviddeo.com
himegrownvideo.com
homwgrownvideo.com
homrgrownvideo.com
homegownvideo.com
homegrwnvideo.com
homegroenvideo.com
homegrowenvideo.com
homegroanvideo.com
homegronvideo.com
homegrowmvideo.com
homegrownvido.com
homegrownvide.com
homegrownviedos.com
homegrownvidoes.com
homgrownvideos.com
homegrowvideos.com
homegrownvideoe.com
wwwhomegrownvideo.com

All registered typos of the homegrown video brand.

Far-L 04-12-2010 02:19 PM

Quote:

Originally Posted by pradaboy (Post 17026677)
Good luck with TRFCN, I doubt they'd even respond, looks like it's just a front. They own a large portion of the best paysite typos.

Yeah, fortunately that other one is actually redirecting directly to us with out any affcode. The traffic on both those domains is tiny, like one hit a month or 1.3 every three months. Still we take even that small a misuse of our mark seriously. Like I said though, most, not all are easy to deal with... however, the whois on that one gives a Bellevue Washington number and since I am Seattle... putting on the ninja suit and handling that one personally should not be a problem. :winkwink:

Many, many thanks for the offer to help. Hit me up on email when it is convenient for you. timlake at homegrownvideo dot com.

Far-L 04-12-2010 02:23 PM

Quote:

Originally Posted by pradaboy (Post 17026782)
Here Far-L I did you a favor, good luck chasing them all :glugglug

hoemgrownvideo.com
homegorwnvideo.com
homegrownviedo.com
homegrownvidoe.com
hmegrownvideo.com
hoegrownvideo.com
homgrownvideo.com
homegrowvideo.com
homegrownviddeo.com
himegrownvideo.com
homwgrownvideo.com
homrgrownvideo.com
homegownvideo.com
homegrwnvideo.com
homegroenvideo.com
homegrowenvideo.com
homegroanvideo.com
homegronvideo.com
homegrowmvideo.com
homegrownvido.com
homegrownvide.com
homegrownviedos.com
homegrownvidoes.com
homgrownvideos.com
homegrowvideos.com
homegrownvideoe.com
wwwhomegrownvideo.com

All registered typos of the homegrown video brand.

Many thanks, that is most hugely appreciated.

Going to tell you right now that chasing this kind of stuff is one of the least fun parts of the day so your helping out is really, really damn decent of you.

Thank you!

datatank 04-12-2010 02:58 PM

Quote:

Originally Posted by kristin (Post 17010727)
Our belief is that if we weren't smart enough to register it, free game. (Just as long as you promote us)

When TB first launched, we actually didn't buy any misspells or .biz, .net, etc because we wanted the WMs to register them to promote us. It worked.

We still continue this biz model - and hell, we'll even host it for you!



Tobucks hardly has the same "brands" as ND.

Far-L 04-12-2010 07:19 PM

Quote:

Originally Posted by datatank (Post 17026958)
Tobucks hardly has the same "brands" as ND.

Interesting observation in light of what was said earlier. Certainly points to what is at stake here if you ask me.

CunningStunt 04-12-2010 07:47 PM

Quote:

Originally Posted by Jdoughs (Post 17014469)
What is NastyDollars answer to ripping the html off these domains and putting it on their own servers, while only switching the referal code?

So these guys in question, send you sales for years, you JACK the domains, COPY the html, design, content, and replace the webmaster ids to your own.

Pretty fucking cheesy if you ask me. Play it how you want, word it how you want in the emails, but we can see by your actions what the real plan is.

You can't threaten people with money you owe them (closing accounts), and then rip them off since they need to get paid.

Fuck you guys.

:2 cents:

teomaxxx 04-15-2010 02:28 AM

just got the email from ND concerning the trademarks:

Hi Guys, I know in the last few weeks you will all have been contacted about
some trademarked domains that we need to get transferred. I wanted to write
this email to you all because we value our partners, and heard some
complaints from some of you. We have a revised plan that I am thinking of,
but I would like to discuss it with you all and fine tune it to a mutually
beneficial arrangement. Please email me at your convenience so we can
discuss.

Thank you,
Ernesto
NastyDollars



it would be good to know the revisited plan, but i am today leaving my country for a week, so i am not able to discuss anything with them right now.

TeenCat 04-15-2010 02:32 AM

they have to know what sites are hurting and what sites are helping to their trademark. i have seen many of their domains that are more than ugly, but i have seen also some that are really nice and i will be glad for those free sites as sponsor. go nasty think! :)

nolongerexists 07-08-2010 10:30 AM

just got another email, in a few words = they didn't find anything to cooperate with webmasters and still want "their" domains :D

lazycash 07-08-2010 11:05 AM

Talk about role reversal, I recently discovered why the sponsor CamazonCash who operated their main site Camazon had to cease operations and become Loadedcash. Seems Amazon didn't like their name being infringed upon and took over the domain Camazon, forcing the program to come up with a new flagship site - xxxblackbook.com http://whois.domaintools.com/camazon.com

nolongerexists 07-08-2010 11:40 AM

Rofl :-)

epitome 07-08-2010 12:13 PM

Quote:

Originally Posted by tinafaye (Post 17006497)
What I don't understand is why are these companies wasting the time of their lawyers attacking their affiliates?!

Why don't they team up and concentrate on attacking those that steal their content and post it for free... erm....ILLEGAL TUBES????!

I know this is an old thread but it's my first time seeing it.

WINNER!

The straight side of the industry is dying a slow death because the lawyers are focused on the wrong thing.

On the gay side the lawyers are busy going after tubes, torrents and other things. They may not be outright winning, but they are surviving because they are focusing on what matters.

If you apply the 80/20 principle, affiliates sitting on domains are 20% of the problem and everything else is 80% of the problem. Ignore the 20% and focus on the 80% that is really causing harm.

icymelon 07-08-2010 12:30 PM

if your a cybersquat affiliate its a good idea to push just the site your squatting on that domain

RogerV 07-08-2010 12:34 PM

Its starting to get Ugly. soon webmasters wont be needed

RogerV 07-08-2010 12:37 PM

Quote:

Originally Posted by tonyparra (Post 17026209)
Can we get a list of sponsors who do not allow this at all, and those that do?
I asked one and they said it was cool but im getting the feeling they could change at anytime.

We dont care...

Fat Panda 07-08-2010 03:49 PM

Anyone else receive emails today?

TeenCat 07-08-2010 03:52 PM

Quote:

Originally Posted by SAC (Post 17320797)
Anyone else receive emails today?

you mean thread related? from who?

TubeSubmitters 12-10-2012 01:21 PM

Bump for including Kinkydollars on list of programs to avoid

icymelon 12-10-2012 02:15 PM

dukedollars?

V_RocKs 12-10-2012 02:26 PM

Funny shit...

The two programs referenced ended up letting me have the domains since I was promoting their products only...

cybermike 12-10-2012 05:57 PM

So which big programs are kosher with using their site names in affiliate promo?

V_RocKs 12-10-2012 06:20 PM

To my knowledge the only ones kosher are Media revenue owned...

ND and NA both updated their terms of service to exclude the use of their domain names from future advertising.

teomaxxx 12-11-2012 05:48 AM

Quote:

Originally Posted by icymelon (Post 19362038)
dukedollars?

I can confirm it.


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