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  1. #76
    Level 8 Chinese guy Archbob's Avatar
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    I can't get into Burst and tribal for now with 1 of my sites but from what I hear Burst's fill rate is horrid.

    If you think about it, even a grandfather clause would not make me send more referrals to FC. Why would I? Because any new referrals I send to Casale are going to worth more than the referrals I send to FC.

    End of story.

  2. #77
    Wanna-be Apple nut silver trophy M. Johansson's Avatar
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    Quote Originally Posted by darnell
    Well I've given you that information here: http://www.sitepoint.com/forums/show...7&postcount=54

    and here: http://www.sitepoint.com/forums/show...4&postcount=55

    So there it is archived and documented.

    We can't allow ourselves to be lied to and them to potentially TAKE MILLIONS from us! If the amount I make from referrals could make a lawyer blink I'd call one myself.
    Yup. That text does actually contain the magic word.

    Quote Originally Posted by http://web.archive.org/web/20010406192619/www.fastclick.com/publish.html
    There is also a Referral Program to maximize your income if you promote Fastclick through your website. Fastclick pays lifetime fees for referred Publishers (5% of earnings) AND referred Advertisers (5% of campaign budgets, indefinitely!).
    As I said, Apple lost on that one, and so will FastClick, if anyone stands up to them.
    Mattias Johansson
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  3. #78
    SitePoint Addict Chris W's Avatar
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    Quite unfortunate for Fastclick. I honestly always did like their network, but this is looking shady.

    I don't know what's going to happen to Fastclick in the future, but the outcome of this can't be beneficial to shareholders or the company... or the company's image.

  4. #79
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    I had a quick chat with an attorney friend of mine who told me this is something worth SERIOUSLY hiring an attorney to look at if you are making a good amount of money off referrals. My friend would not toss me the "hire someone for this" line unless it was going to have some chance. But since I don't make a considerable amount from my referrals it's really not something for me to pursue.

    If this got "class action" status I think Fastclick would settle out of court. They would want this to go away as quietly and quickly as possible.
    Please do not PM me about your business or sale.

  5. #80
    fad (n): a craze; interest... Fahd's Avatar
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    I think FC lost this one even before it got started. Maybe they have something else in mind for appeasement? I'm sure they knew they were going to lose this one before they made their announcement.

  6. #81
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    Fahd, don't you find it interesting that they would do this AND enforce the international tax collection all at the same time?

    I'm just speculating, but maybe they get to hold that tax money a little while and make money off the interest before paying it to the government? That interest plus the referral money they are TAKING would put a lot of money in their pocket!

    Fastclick was not at risk of "going under" before they made these changes. Their stock price simply was low. I think they simply want to boost earnings so the share price goes up and all the folks at Fastclick that wanted a post IPO windfall can cash in!
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  7. #82
    Serial Publisher silver trophy aspen's Avatar
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    Well, I make a significant amount of money from Fastclick referrals ($1250 this month so far), but I don't know if its worth sueing them.

    Sure, it might only cost $100 to ask an attorney if I have a case, but to actually sue them the fees will be much higher.

    Still, if someone finds an attorney working on commission who wants to take on Fastclick and needs plaintiffs, I'm game.
    Chris Beasley - I publish content and ecommerce sites.
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  8. #83
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    There are lots of attorneys that work on commission if they review the details of a case and feel it has a good chance of winning.

    If you check with a few attorneys in your area it should not be hard to find one. Seeing that lost referrals will cost you about $15,000 a year even if you put $5K up front you would more than make that money back in the end. Plus you can write off the legal fees .
    Please do not PM me about your business or sale.

  9. #84
    Serial Publisher silver trophy aspen's Avatar
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    Assuming we win, and that is not guaranteed, plus I think 5k is an low estimate.

    I haven't been involved in any lawsuits, but I do have close knowledge of one. In it the defendant's (a webmaster I know and was informally helping) lawyer estimated that the filing itself cost the plaintiff (a somewhat large company with very wealthy owners) $75k in legal fees. Its like 100 pages.
    Chris Beasley - I publish content and ecommerce sites.
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  10. #85
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    Well when I said $5K I was thinking of just getting things started. (Lawyer's time to look things over, given an opinion in writing and maybe chat with Fastclick attorneys about the issue a little.) I figure if things got to an actual lawsuit that you would want things on commission from that point forward, which would include the intial filing of the case. Given this could be a class-action case it would be far more enticing to an attorney.
    Please do not PM me about your business or sale.

  11. #86
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    Fastclick -- come on! You've got a bunch of publishers, many representing significant revenue, pushing to sue you! This is absurd. A month ago we were singing your praises -- good rates, on-time payment, responsive support (even if the ads were a bit obnoxious). The tide will turn, and you're not the only game in town. Don't shoot yourself in the foot. I don't have any referrals at all, but this absolutely does not inspire confidence in the company.

    Does a lawyer have to call to make you listen? If that's the case, you're not the same company I signed on with in 2001.
    Andy Powell
    Dumb Laws, Real Haunted Houses, Dumb Criminals, Actual Aliens
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  12. #87
    SitePoint Wizard CLKeenan's Avatar
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    Lawyers would definately take on this case on a commission basis... as many people have said - this case has potential to be big especially if some of the big referal players jump on.

    -Chris

  13. #88
    Wanna-be Apple nut silver trophy M. Johansson's Avatar
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    I think finding 5 reliable people to share this lawsuit with is pretty bloody easy.
    Mattias Johansson
    Short, Swedish, Web Developer

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  14. #89
    SitePoint Wizard CLKeenan's Avatar
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    I would do this for the publicity that my site could gain from it... im sure this would cause a huge stir in the online advertising community and there would be tons of articles online that would include information about you and your site

    -Chris

  15. #90
    SitePoint Addict psyon's Avatar
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    wow, my lawyer suddenly seems cheap. For all cases in the past, she ony asks for $1000 retainer, and only once have i gone over that. Albeit my cases were custody related, but still.

    Anyways, I passed the question reguarding the merit of the would be case to her office, waiting for a response.

  16. #91
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    Keep us posted.
    Please do not PM me about your business or sale.

  17. #92
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    Altough I only have one referal that hasn't made much money at all, I'm moving FastClick one step down in the ad chain from being at second place behind Casale. Treating its users like this isn't ok.

  18. #93
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    Another thing for those of you who happen to live near FastClick to consider would be to sue them in small claims court individually - the filing fees are usually under $200. The downside of course is that damages are capped at something like $11,000 last time I checked. Still, the extremely minimal cost of filing, might make this a viable consideration.

    Though I could see a class action firm taking this case when you consider the exponentiality of lifetime referrals [some one earning 40k/year on referrals could probably make a case for 300k or more in damages, etc.] - multiply that individual by a thousand or two and you have a potentially massive judgement.

    A number of class action firms have online forms where you can propose a case and/or request an online consultation free of charge.

  19. #94
    SitePoint Wizard CLKeenan's Avatar
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    Are any big publishers earning a lot from referals through fastclick going to Ad:Tech? Why not present them a legal document in person (as well as sending it to their office via certified mail)- that will make them know we mean business.

    -Chris

  20. #95
    SitePoint Addict
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    Quote Originally Posted by Gallahan
    A number of class action firms have online forms where you can propose a case and/or request an online consultation free of charge.
    Wow I never thought about that. But you're right.

    http://www.lawyersandsettlements.com/
    Please do not PM me about your business or sale.

  21. #96
    fad (n): a craze; interest... Fahd's Avatar
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    OT: That site is just great. They even have an affiliate program.

  22. #97
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    What percentage did Fastclick payout as a referral bonus anyways?

  23. #98
    SitePoint Wizard CLKeenan's Avatar
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    5% right?

  24. #99
    SitePoint Addict
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    Correct, as they said in their own words:

    There is also a Referral Program to maximize your income if you promote Fastclick through your website. Fastclick pays lifetime fees for referred Publishers (5% of earnings) AND referred Advertisers (5% of campaign budgets, indefinitely!).
    Please do not PM me about your business or sale.

  25. #100
    SitePoint Wizard CLKeenan's Avatar
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    i wonder why this didnt make front page news... maybe some sitepoint higher ups have fastclick stock?


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