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Class-Action Lawsuit against CPALEAD

Discussion in 'Affiliate Programs' started by muschi, Aug 6, 2010.

  1. geomark

    geomark Peon

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    #61
    Everyone on this thread is a liar, scammer and cheater...except me of course.
     
    geomark, Aug 11, 2010 IP
  2. minivanman

    minivanman Peon

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    #62
    They did a mass ban/purge of old affiliates who didn't login for like 30 days or so. Just contact them if you are that worried about your account. If it wasn't inactive, then you probably did something wrong. Multi-million dollar companies don't ban you to keep your money, they do it to protect their business.
     
    minivanman, Aug 11, 2010 IP
  3. niralimarwadi

    niralimarwadi Peon

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    #63
    contact Madison 4 times, no reply.
    Madison Francis
    Affiliate Manager
    Office: (866) 996-4666

    And now i have research TOS and match it with your old TOS, and found the way to fight you, Big boss come here and asking me my publisher id.
    Troy, now you definitely worried. right?
    Sorry dude, I dont want my 2k.

    I want someone come here to ask me for proof to take legal actions against you.

    2 persons have promised me to get some actions , both are big publisher and both of them are from USA, so they can do something against Troy.

    i am open to give proofs of their old ToS , if anyone want to take legal actions.
     
    niralimarwadi, Aug 11, 2010 IP
  4. niralimarwadi

    niralimarwadi Peon

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    #64
    Monkey briefs???

    You really looks like it.
     
    niralimarwadi, Aug 11, 2010 IP
  5. Maximo Decimo Meridio

    Maximo Decimo Meridio Peon

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    #65
    Actually i made in 4-5 days around 450 $ and they didn't ban me - for now, and i made them while they were banning all those accounts with money.
     
    Maximo Decimo Meridio, Aug 11, 2010 IP
  6. Maximo Decimo Meridio

    Maximo Decimo Meridio Peon

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    #66
    That dude never answers to me, maybe cause they are busy i don't know but i need to get in touch with him also.
     
    Maximo Decimo Meridio, Aug 11, 2010 IP
  7. Roger rabbit

    Roger rabbit Peon

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    #67
    i don't like to do this stuff in this forum, but cpalead company is idiot! i guess your the maniac here, don't be a hero here, time will come its your turn! i know your niche is also copyright infringement. correct me if im wrong!
     
    Roger rabbit, Aug 11, 2010 IP
  8. Roger rabbit

    Roger rabbit Peon

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    #68
    oh ic, an angel passing by! hey angel! lol wait for your turn to be band also!
     
    Roger rabbit, Aug 11, 2010 IP
  9. Seqqa

    Seqqa Well-Known Member

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    #69
    You don't need to sue them there's enough people here that could bring cpalead to its knees through boycoting it, people talk, it's powerful trust me.
     
    Seqqa, Aug 12, 2010 IP
  10. WharfeValley Systems

    WharfeValley Systems Active Member

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    #70
    this is the funniest thread i have seen on DP for ages ... please please guys keep this coming! Epic!
     
    WharfeValley Systems, Aug 12, 2010 IP
  11. dantheman733

    dantheman733 Active Member

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    #71
    First off, you must realize that a HUGE portion of your publishers are displaying the CPAlead widget as a gateway to a video. Also, 99% of these videos are not hosted directly on the publisher's website since that would not only suck a huge amount of bandwidth, but would also open the door to litigation for copyright infringement. Instead, they embed the video using code provided by the site hosting the content (megavideo, zshare, etc.). This means that most of your publishers do not have control over the video content. It would also be extremely time consuming (and for larger sites with thousands of videos, essentially impossible) to continuously check each video to make sure it has not been taken down by the host. However, most streaming video sites (i.e. your publishers) provide a method for users to report broken links, which is the most logical and efficient system. Sometimes broken links will remain unreported for a few days. Considering this is essentially the market you specialize in, I am probably needlessly reporting the obvious to you. However, your demeanor suggests that you have almost no understanding of the way your publishers' sites are run.

    To immediately ban someone because one video is not available is completely absurd. Taking away all their earnings borders on, and in all likelihood is, illegal. This kind of thing is inevitably going to happen on a streaming video site, and to expect publishers to be able to instantly identify and remove unavailable content is not only unfair, it is impossible. If you give a flying $@&% about the publishers who generate revenue for you, the obvious solution would be a warning system. Send the publisher a notice that one of their videos is unavailable and give them a window (say, 72 hours) to correct the situation. The fact that this is not how you are running your business should be reason enough for anyone considering CPAlead to stay away. Hell, maybe I should create some competition for you on my own since you seem to lack the ability to create a trustworthy "how-can-we-help-those-making-us-money" relationship with your publishers.

    --------------------------

    As far as a class action goes it IS an option and I would be interested in helping. I am a lawyer, though I would probably seek additional counsel since I would be a plaintiff as well. I am licensed to practice in the state of Michigan.

    According to the Computer Fraud and Abuse Act (CFAA) of 1986, there is a clear cause of action here. Just because something is in a website's Terms of Service (TOS) does not make it legal. If my website's TOS said that by registering with our site I would be allowed to rape you, murder you and steal from you does not make it legal if I do so. Likewise, a TOS can not make unreasonable or impossible demands. Plus, the publisher agreement is a fiscal contract in which CPAlead agrees to pay the publisher a calculable sum of money for the promotion/advertisement of its affiliates. To renege on this agreement is a breach of contract on the part of CPAlead. Taking away funds that have already been guaranteed to the publisher and were earned legitimately is fraud. If CPAlead has closed your account, thereby seizing the funds therein, they owe you money. In the same way that if you were at a bar and racked up a tab, you could not withhold payment simply because that last shot made you throw up or your final drink was not mixed properly. What CPAlead is doing falls under the category of fraudulent business practices. There is also supporting precedent such as the recent Ticketmaster lawsuit, among others.

    PM me if you are interested in getting the ball rolling on this. If there is enough interest, I can file the necessary paperwork and set up a website for people to join the class-action.
     
    dantheman733, Aug 17, 2010 IP
  12. dlm

    dlm Peon

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    #72
    If you are really a lawyer you would know that using copyrighted content to generate revenue is also borderline illegal. And, if you read CPALead's TOS, you'll see that what they have done isn't illegal at all (in regards to banning accounts).
     
    dlm, Aug 17, 2010 IP
  13. almondj

    almondj Peon

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    #73
    shit just got real
     
    almondj, Aug 18, 2010 IP
  14. CPALeadTroy

    CPALeadTroy Active Member Affiliate Manager

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    #74
    it really pays to have legit content is what it comes down to. good job cleaning up your network cpalead i think this is the best move you ever made.
     
    CPALeadTroy, Aug 18, 2010 IP
  15. bogartkick

    bogartkick Notable Member

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    #75
    This is going to be a real showdown! Keep punching with each others' bags! A potential candidate for the longest tenured active thread in the history of DP!

    Everybody must need to see this day by day. lol
     
    bogartkick, Aug 19, 2010 IP