Cease and Desist E-mail..

14 years ago

Send that letter to a lawyer who is familiar with internet issues. Most lawyers will give you a free initial consultation.

OR...Just delete the offers from that url and respond telling them you have done so.

Did the free ipad/iphone offers ask for just email or were they phone pin submit offers?

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ation

14 years ago

Originally Posted by sarafina

Send that letter to a lawyer who is familiar with internet issues. Most lawyers will give you a free initial consultation.

OR...Just delete the offers from that url and respond telling them you have done so.

Did the free ipad/iphone offers ask for just email or were they phone pin submit offers?

Just e-mail and address submit.

Originally Posted by E. Brian Rose

Ya, instead of posting that here, tell it to the company and ask them for further clarifications. Most problems in life can be resolved by simple communication.

I did that before I posted.

Originally Posted by Scott Ames

A legal threat via email? I don't buy it and would ignore it myself but that's up to you.

Yeah.. I don't know. I suspected that too but I googled his name and what not. He's on LinkedIn, and the company info matches up.

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E. Brian Rose

14 years ago

Originally Posted by ation

Any advice?

Ya, instead of posting that here, tell it to the company and ask them for further clarifications. Most problems in life can be resolved by simple communication.

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Scott Ames

14 years ago

A legal threat via email? I don't buy it and would ignore it myself but that's up to you.

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Success consists of going from failure to failure without loss of enthusiasm. -Winston Churchill

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Chris Worner 14 years ago

Originally Posted by Scott Ames

A legal threat via email? I don't buy it and would ignore it myself but that's up to you.

You may be shocked to find out that that is a valid way of delivering a letter of demand.

And I wouldn't ignore it either.

Chris
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matty-81

14 years ago

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Crew Chief

14 years ago

Originally Posted by matty-81

Whoa! Wait a minute! This is very dangerous advice. Here's what I would do:

1. Immediately take down the sites or stop promoting the offers.
2. Contact the company and ask for a better explanation.
3. If satisfied, let it go and move on. If not, contact your own attorney.

In no way, shape, or form should you ever ignore any ceast and desist communications without first getting to the bottom of it and talking to a qualified attrorney.

I've seen that advice given on here before and I'm always dumbfounded that someone would say that.

Matty, so if I someone sends you a cease and desist letter TODAY, are you telling me you would immediately take down the associated sites until you got the issue resolved?

Giles, the Crew Chief

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Scott Ames 14 years ago

Originally Posted by matty-81

Whoa! Wait a minute! This is very dangerous advice. Here's what I would do:

Dangerous? Nah... I have a taste for battle so that's what I would do, but others might take a different course of action.
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Success consists of going from failure to failure without loss of enthusiasm. -Winston Churchill
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- Crew Chief 14 years ago
  
  Originally Posted by Scott Ames
  
  Dangerous? Nah... I have a taste for battle so that's what I would do, but others might take a different course of action.
  
  In the business world, you have a "Taste for battle." Otherwise you will get eaten alive.
  
  I'm going to cower under and close shop (albeit, temporary or permanently) because someone sends me a cease and desist email.
  
  It's not going to happen!
  
  I stay on DEFCON 5 with everyone, but send me an email like that and I'm going to quickly escalate to DEFCON 3.
  
  Depending on their response, I will upgrade to DEFCON 1.
  
  I'll repeat this again, if you have a REAL IM business, you need to CYA, Cover Your Anatomy by having a legal beagle team on standby.
  
  It is not as expensive as you think.
  
  And it will save you a lot of sleepless nights.
  
  Giles, the Crew Chief
  
  Thanks
  
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genietoast

14 years ago

Those guys are not playing around about legal action. In fact, show that email to your affiliate manager at your CPA network and tell them what happened.

It may not be you. It could be some other guy promoting the same stuff, and he's doing it wrong, and you happened to be in at the wrong place at the wrong time.

Usually when companies do a cease and desist letter, don't fight them. Because if they don't sue you, they could sue your CPA network.

Bring the email to their attention so they can handle the situation, especially since Mpire Media appears to be another CPA network.

Let the two CPA networks sort it out between themselves.

Thanks
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thobbs31

14 years ago

Sounds like BS to me. Send an email back asking for their physical address and tell them your attorney will be in touch with them. See how they react to that and then take it from there. Also, check the "From" address on the email header and verify that it came from domain of the company they say they represent.

Just my .02.

Tom

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ation

14 years ago

Originally Posted by thobbs31

Sounds like BS to me. Send an email back asking for their physical address and tell them your attorney will be in touch with them. See how they react to that and then take it from there. Also, check the "From" address on the email header and verify that it came from domain of the company they say they represent.

Just my .02.

Tom

Their company is based in Australia (although doing some googling they don't seem to have much track record anywhere).. which leaves me to believe it might be competition trying to scare me.

And this was sent via the "Contact Us" form on my site. I don't think I have an e-mail address on the page so I think that's the only way they can contact me.. but they can input any e-mail they want for the "From address".

But when I replied I didn't get a bounce back or anything, so it appears to be a legitimate e-mail...

Then again googling this e-mail turns up no results, so it seems unlikely that someone could be faking the e-mail address, because it was sent from the Ad networks main domain (mpiremedia.com.au)

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MeghanK

Banned 14 years ago

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Crew Chief

14 years ago

Originally Posted by ation

I received an e-mail in the early morning hours from Mpire Media out of Australia saying

I'm terribly confused about all of this. I have been promoting the Free iPad and Free iPhone offers (which are what the URLs were), with CPA networks like MaxBounty.. but have never once advertised any cell phone offer (always e-mail or address submits) or anything targeted towards Australians.

Any advice?

Are in Australia yourself? Or what country do you operate out of?

Giles, the Crew Chief

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ation

14 years ago

Originally Posted by Crew Chief

Are in Australia yourself? Or what country do you operate out of?

Giles, the Crew Chief

I'm in the USA

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genietoast

14 years ago

Still inform Max Bounty.

The Australian site could be legit or it could be a scam, but it appears to be a CPA network.

Those URLs you are using belong to Max Bounty. Remember, they get a commission off the money you make, so they should have a vested interest in this as well.

Let the two CPA networks sort it out. If that company is indeed fake and is fraudently trying to threaten one of Max Bounty's affiliates and assume URLs that don't belong to them, Max Bounty has the right to counter sue.

Don't make assumptions about this one. I've heard of affiliates who've been sued by eBay and Microsoft -- sometimes by companies not even that big -- and they lost big time.

Let the CPA networks duke it out. You'll at least have done your part. If your CPA network turns out to be no help to you, then go and get a lawyer.

Keep your emails and document what steps you've taken.

Thanks
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Black Hat Cat

Banned 14 years ago

Originally Posted by genietoast

Still inform Max Bounty.

Don't make assumptions about this one. I've heard of affiliates who've been sued by eBay and Microsoft -- sometimes by companies not even that big -- and they lost big time.

Name them.

You may be shocked to find out that that is a valid way of delivering a letter of demand.

And I wouldn't ignore it either.

Chris

I would, at least until he sends me something from an actual law firm instead of some lame demand he typed up himself, which likely would have been his first step if he were serious.

At this point, I would tell him to go jump in a lake, if I told him anything at all.

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Crew Chief

14 years ago

Originally Posted by ation

I'm in the USA

They have ZERO jurisdiction over you.

Having said that, they should have contacted the CPA firm and not you.

I've received ceast and desist emails from both legitimate and ill legitimate sources and this one sounds W-A-Y to fishy to me.

You can contact the CPA company and see if they've heard anything. If not, tell those Blokes to put a few more shrimps on the barbie.

Giles, the Crew Chief

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Chris Worner

14 years ago

Originally Posted by Crew Chief

They have ZERO jurisdiction over you.
Giles, the Crew Chief

BOY ARE YOU WRONG THERE, the United States and Australia have cooperation treaties in placeto combat cyber-crime and other offenses, this includes cooperation with the FTC.

I would contact your CPA company immediately.

Chris

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Crew Chief

14 years ago

Originally Posted by skyfox7

BOY ARE YOU WRONG THERE, the United States and Australia have cooperation treaties in placeto combat cyber-crime and other offenses, this includes cooperation with the FTC.

I would contact your CPA company immediately.

Chris

I'm well aware of those treaties, HOWEVER, did you notice what the email said...

We are currently being audited by regulatory agencies because your sites violate the agencies current compliance standard

What are they alleging? No licensed attorney, business manager, COO or CFO sends cryptic e-mails in that fashion on such a critical issue.

When I have received legitimate cease and desist e-mails they explicitly spelled out what the company/person was alleging. There was no pulling teeth on my part to figure out if it was real or not.

This e-mail is the epitome of ambiguity.

What agency?

What law?

What compliance or non-compliance?

And this should be a lesson for everyone reading this thread.

Get lawyered up!

You should have at least three lawyers on speed dial.

My system is; use Prepaid Legal and keep additional attorneys on retainer.

Fire at me and I fire right back.

Giles, the Crew Chief

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Jagged

14 years ago

Body:
It has been brought to our attention that there are five sites you are currently hosting on your domain that advertise a service that my company offers. These offers are operated on a mobile short phone number that we own. The short phone number or “short code” is 44999.
We are currently being audited by regulatory agencies because your sites violate the agencies current compliance standards.

We request that you please take down all the files located at the URL’s below. Unfortunately if we do not get a response back from you in two days we will be forced to take legal action. We appreciate your immediate help in this matter.
<<urls>>

Way to vague to be real IMHO. "a service that my company offers"...OFFERS??? Not owns??....also....his company?? name the company then...

Regualtory agencies?? Which one's? There are hundreds of them....

Request? If it was actually mine...I would be demanding removal, not just requesting...

If it is true & he does intend to use legal action......the first thing a lawyer would do is send a warning to shut it down...I would wait until that happens before taking any actions on this...

Now, i am not a lawyer by any stretch of the imagination....to play it safe it would be advisable to consult with one....but if I received this email...I would take Scotts advise & send it to the ignore file...& wait for an official notice.

~Ken

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LondonPaladin

14 years ago

Ya. You need to talk to your CPA network. Also pay attention to which email you got hit at. Are your domains publicly or privately registered?

If it's real just change what products your are offering and if it's fake then your cpa network will find out where it really came from and ban that person.

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ation

14 years ago

Strangely enough they listed 4 URLs that they wanted down (out of like the 12 similar sites i own on the domain)
One of them I haven't even advertised in a couple weeks and was already pretty much dead.
The other I hadn't gotten clicks on in a while.
The other two are my big ones though.. I took the first two down, because it doesn't matter anyways. If this is legitimate he will have to reply to my reply asking for further clarification, so I suppose I'll just wait for that.

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Superform

Banned 14 years ago

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Bill Farnham 14 years ago

It's been said before...

http://www.warriorforum.com/main-int...vice-here.html

Look who the original poster was...

~Bill
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- ation 14 years ago
  
  Originally Posted by Bill Farnham
  
  It's been said before...
  
  http://www.warriorforum.com/main-int...vice-here.html
  
  Look who the original poster was...
  
  ~Bill
  
  Yeah.. yeah.. I know
  I don't really have a lawyer I can just call up though.. I am just a student, trying to make his way in IM. Advice is just that though.. and it has definitely helped.
  Anyways, I've been rotating offers on these sites between three CPA networks, MaxBounty was just an example. I'll wait for his reply (he gave me a two day time frame), see what his problem is and with what, and then contact the CPA networks, or see what he says (or doesn't say) and go from there.
  
  Thanks
  
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seoguy0

14 years ago

It doesn't sound too threatening. Read the applicable regulations to determine if you've actually violated their rights.

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Chri5123

14 years ago

Is part of business - contact Maxbounty and make them aware of the email, replay and ask for clarification and contact a lawyer to ask for advice.

Most of all don't worry i know from experience it is best to seek advice then to just take your site down.

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sbucciarel

Banned 14 years ago

It sounds like you're not in compliance with the company's affiliate terms. Lawyers do send emails these days so I would not ignore this. Contact your affiliate manager and/or the company and ask specifically what is wrong with your offer or go back and read the TOS for those offers and see if you can figure it out yourself. At any rate, you're probably going to have to delete those offers.

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mcmahanusa 14 years ago

Was it an attorney with MPire Media that sent the Cease and Desist? If it was an attorney, I would take a serious look. However, an attorney would have been more specific.

If it was not an attorney sending the email, I would definitely demand clarification. As another poster said, "What authorities?" I have received similar threatening letters in the past, but always from private individuals with an agenda. Never from an attorney. I would want enough additional information from this company to know the basis for their allegations.

One poster suggested to immediately take down the websites. Not without a more official notification and more detailed information, I wouldn't. Making any decisions based upon a kneejerk reaction and few facts is never a wise move. Of course, as several others have recommended, the counsel of an attorney would be advisable as well. But an attorney would want clarification as well.
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Jack Blankenship,RN

14 years ago

Contact your CPA manger, immediately.

It is puzzling that there is no lawyer or law office that is part of the email.

Believe it or not, there are many Blackhat ways to deal with the competition and I am not so sure that this is not one of them.

How do you know that they really OWN the number and why are they under investigation?

1. Contact your CPA Manager NOW.

2. I would keep to business as usual. That is, until your CPA Manager tells you otherwise. It is their offer and it is strange that if they were aware of this problem that they did not immediately pull this offer and notify all of the publishers?

In re-reading the email, it seems like BS.....they are very vague about things, and what do they mean that your site are violating what????

Hmmm......something fishy going on here.

Again, contact your CPA manager immediately and forward the emails to them.

Jack

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Cease and Desist E-mail..

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