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  1. #1
    ABW Ambassador Andy's Avatar
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    I spoke to my Attorney about this Exclusion List situation, and this is what he said to me:

    By signing up to have your site excluded from a software program, you are not relinquishing any of your rights to sue that software program at a later date, if you decide to.

    You cannot be bound by any agreement between Haiko/ABW and another party. Affiliates who submit their sites would be a third party to any agreement (if there even were one, and I'm not saying there is.) As such, affiliates cannot be bound to anything. If there were any binding agreement at all, it would have to be between ABW and the affiliates. So far, I've heard nothing about any obligation on the part of the affiliates to Haiko. Haiko is doing this out of his own goodwill to try to better the industry.

    There was a lot more said, but that kind of sums up the legal questions that have come up. I know this is just one Attorney's opinion, and I'm sure there are others who would disagree, but I trust my Attorney.

    I also cannot see a software company using the list to block those sites from their end users. To do so would cause a huge uproar, as end users discover they not only must endure pop-ups, but they are now unable to visit any site on the Internet they want. The end users would dump the software immediately if they discovered they were being governed.

    I haven't decided what I'm going to do yet, but I see this being presented as a short term option to greatly reduce the link overwriting that's been going on.

    As an affiliate, I have the same concerns as everyone else, yet I also can see what Haiko is trying to accomplish. I think only time will tell if this is going to work, but ultimately we all have to decide for ourselves what to do.

    The important point here is that none of us are giving up any of our rights if we do decide to take legal action later, based on what I've read so far.

    Andy

    AFFILIATE MARKETING STANDARD: The site upon which the initial action to buy occurs is the site the commission is paid to. Period.

  2. #2
    ABW Ambassador
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    Hello Andy...

    I had dinner with my attorney last night, and he told me the same thing. I must admit that he is a corporate jackal, not a contract lawyer, so one can make of that what they will.

    Obstinatedon

    You must not lose faith in humanity. Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty.

    Mahatma Gandhi

  3. #3
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Thank you Andy, posts like this instead of malarkey bets and conjecture will move the parasiteware issue forward to conclusion as is my goal. 7/21 or for foreigners 21/7 2003

  4. #4
    ABW Ambassador Steveinid's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> By signing up to have your site excluded from a software program, you are not relinquishing any of your rights to sue that software program at a later date, if you decide to. <HR></BLOCKQUOTE>This was my biggest concern on this matter.

    However, I will still follow my gut instinct on this one and stay as far away from this list as possible and give my support to a methodic well planned boycott of merchants (1 at a time) who support scumware.

    Good luck to all who sign up. I'm out.

  5. #5
    Member
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    Excelent post Andy

    You've pretty well summed up my feelings on this matter..

    No matter how I decide...
    At least this list presents one more option that I have..

    Thanks Haiko.. And keep up the good work.

    Cow Patch...

  6. #6
    ABW Ambassador
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I also cannot see a software company using the list to block those sites from their end users. <HR></BLOCKQUOTE>

    Actually this type of blocking is being done, and has been for quite some time, by Kazaa.

    All around the mulberry bush the monkey chased the weasel

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