[Trust]

Saw this pop up on my Twitter - http://affiliatefairplay.com/newsblog/2008/07/06/proposed-settlement-in-valueclickcj-adware-class-action-lawsuit/

[lulav]

Am I reading this correctly? CJ got away with it and only has to pay $1 million?

[Merchant Consultant Team]

It's not the money.
It's ALL THE REST that counts - imho

[ecomcity]

Amazing CJ/ValueClick wouldn't just pull the plug on ALL BHO's as this these few Eliteist parasites require all this additional policing and legal expense. Strange that a BHO (REMOVED) small group, who account for such a mininscule portion of affiliate sales acording to CJ management, keeps causing such trama when allowed to smin freely in the commission pool...

[Donuts]

Your trusted third party...

Good stuff, glad to see the lawyers involved focused a lot of effort on getting CJ to implement changes, not just poking them for funds. Some of the details about the data and policing and quality speaks volumes about what CJ hasn't done to earn anyone's trust... if you're a CJ merchant, this should be meaningful to you for to examine in detail.

[Haiko de Poel, Jr.]

A strong case and proof yet they [attorneys] settle for $1MM??? WTF ????

You've all been F'ed again but with prejudice this time.

GMAFB!

[Merchant Consultant Team]

I think it is important to understand some history.

Code of Conduct

[tlemke]

It's not just the money (actually it's $1 million plus $475,000 or so in attorney fees), but more importantly it's the precedent it sets for CJ. Now that they have made a de facto admission of negligence, if they don't clean up their act, the next suit can be a real monster. The settlement also sets the stage for the same legal team to go after Linkshare -- after all, they understand the issues, they have the legal strategy fine tuned, and they now know they can prevail

[Haiko de Poel, Jr.]

Originally Posted by tlemke

It's not just the money (actually it's $1 million plus $475,000 or so in attorney fees), but more importantly it's the precedent it sets for CJ.

$1MM is what some of these parasites were allowed to make in a WEEK , others in a MONTH, you think CJ isn't laughing all the way to the bank at this settlement agreement?

Originally Posted by tlemke

Now that they have made a de facto admission of negligence, if they don't clean up their act, the next suit can be a real monster.

Why is it always the next one that is the monster? We've got them dead to rights ... why are we just slapping their wrist? For the potential promise of something in the future? We've got them now, why wait for the next one?

Originally Posted by tlemke

The settlement also sets the stage for the same legal team to go after Linkshare -- after all, they understand the issues, they have the legal strategy fine tuned, and they now know they can prevail

Prevail? $1MM is prevailing? Worse, $1MM form CJ, LS and PFX each is prevailing? No, it's a bloody abomination!!!!

Your post scared the living daylights out of me, but worse, is that I'm sure others feel the same, it's only because we've been downtrodden on for years by the Networks. It's gotta stop, we have to realize that these cases are real, the evidence is clearly plastered throughout ABW, admissions are everywhere, we can't let this opportunity go, it may NEVER be availed again.

[Boom or Bust]

Originally Posted by Haiko de Poel, Jr.

It's gotta stop, we have to realize that these cases are real, the evidence is clearly plastered throughout ABW, admissions are everywhere, we can't let this opportunity go, it may NEVER be availed again.

Let's move forward with AV then and not let the dog go back to sleep!

No, didn't mean AV is the dog...

[Haiko de Poel, Jr.]

Oh it's definitely my intention Boomers ... I am arraigning a new AV conf call with the Attorney ... will post the time ASAP.

[davidh]

One million? That probably covers only 3 or 4 of their top independent publishers, if not just one or two.

[BurgerBoy]

Originally Posted by davidh

One million? That probably covers only 3 or 4 of their top independent publishers, if not just one or two.

And they are probably parasites and will just be making more money off CJ.

[Boom or Bust]

I'm curious as to how CJ is dealing with this internally, given the notorious identity of some of their advisory board members.

[davidh]

Well I did mean "aside from" the parasitic operators lol.

[Leader]

Reactions:
* I *knew* this would happen someday!

* Hey I'm going to get some money out of this! *reads the fine print*
$1MM divided by a gajillion "Publishers." (Sarcasm) Woot! (/Sarcasm)

* So THAT'S why CJ just raised the account payout threshold to $50! So all the people who've gone inactive between 2003 and now won't see a red cent! Smart in a way, but still...chiselers...

Originally Posted by lulav

Am I reading this correctly? CJ got away with it and only has to pay $1 million?

Not quite. CJ got away with it and doesn't even have to actually pay $1 million!

If your part of the settlement would be under $1, no payment, period.

And if someone went inactive and their balance stays under the NEW $50 threshold despite the credit, an amount may appear in their account, but since it won't be going anywhere (since they are inactive and will therefore never cross the threshold), the bottom line is still no payment.

Aff marketing is a big revolving door (many who were active in 2003 probably don't even have a site up now), and there are going to be many people who've made only a sale or two in their entire aff marketing attempts--so chances are, with the above restrictions on the payouts, CJ won't even have to actually part with even half of that "settlement" money.

[Bradley.Senkovich]

sorry if this is an old wound that i am opening.

But think of the new tax laws that are coming out for certain stats (NY, NC, {maybe CA}, RI, etc).

now think of the parasites/adware/spyware/toolbars etc.

put it together and what do you have. Fraud yes? If the states are now wanting to use the Merchant Nexus' shouldn't their rear end catch up and make new laws against adware? I mean Adware should be illegal. and anyone producing malicious software that STEALS affiliates sales or in my case STEAL sales that were already coming to me.

Isn't that be just as bad as someone running into a store and reaching for the Cash Register?

one million a few years ago. they paid that and still continue their fault programs the same way.

I know I've heard several different arguments for either side. My favorite was by someone who put it like this:

you have a customer wallet out of pocket willing to pay for a product and a someone comes in from the street saying "buy it through me i have it cheaper" or "buy it from me i have added value" or "buy it from me i have cash back" or "buy it from me or else"

or with some of the tool bar programs they are actually building a shop that covers a merchants front doors and the customer has to buy through that guy in the way.

Don't get me wrong, Soft ware affiliates are still essential it has many many good applications. its just that there are so many bad applications as well. I would love to see laws passed against Mal ware and any company being held reasonably responsible for any software they endorse.

this has to be my favorite forum.

[Zeus]

Bradley.Senkovich - sorry if this is an old wound that i am opening.

Yes, it still hurts. It hurts to see these thieves still in business. It hurts to know these thieves have used stolen money to develop their unethical activities.
But, the facts are here for everybody to remember.

[Bradley.Senkovich]

Isn't there some group out there lobbying on behalf of the affiliates/Merchants against Spyware? I mean do the unethical earners have a louder voice to keep the ethical silent?

what the hell happened to consumer protection and regulation. I really hope that when the states roll the taxes in more people will keep note of this unethical behavior and strip it from the sites. we have to start somewhere, yeah?

[Zeus]

Affiliate Voice: http://forum.abestweb.com/forumdisplay.php?f=515

It's a long fight. It can't be solved overnight but I think Affiliate Voice is on the right track.

[Bradley.Senkovich]

Nice threads there. especially the organization possibilities. I'll have to post some thoughts there. I mean doesn't everyone start small then grow together?

[Chuck Hamrick]

To my knowledge there is no ongoing legal action to take on a parasite or a class action suit against many of them. The organizations that exist do not have the funding to do this themselves and unfortunately affiliates are too small to self fund this.

[Bradley.Senkovich]

hey they said the same damn thing about labor unions when they started up.

They would fire anyone who'd talk about unionizing until enough was enough, yes?

I think through a forum or through some website addy. or some sort of endorsement from affiliate programs, affiliates, and merchants we can rise to become some massive party. hell you have labor unions and energy czars. Why can't affiliate marketing be represented.

Before unions workers were hired and fired for crazy cheap. We are similar but we fight a digital oppression, yes?

[Chuck Hamrick]

Bradley, I suggest that you educate yourself with the parasite forum and Affiliate Voice. Then individually contact all that have contributed to the discuss with the idea of forming a legal action. If you get the support others here can help you move forward but so far with the exception of Haiko, no one has been willing to take on the time commitment or risk involved.