Azoogle settles for $1mm - WickedFire - Affiliate Marketing Forum

arahim3 · 11-07-2007, 04:35 PM

Azoogle settled the ringtone investigation for $1 million dollars

News Release - Attorney General McCollum Unveils New Cyberfraud Task Force

Court Filing:
http://myfloridalegal.com/webfiles.n...VC10-31-07.pdf

$1 million - easy business write off. One would have to assume their on the decline - considering their shady email background (Spamhaus listings), their boot from CJ (eBay), dozens of layoffs, denial of a second round of VC financing, and now this. Interesting note: Joe and Alex hired former Gambino crime family attorneys to defend them in this investigation.

The settlement also serves as a wake-up call to the rest of the players in the ringtone industry. The bottom line is that carriers, aggregators, ringtone providers, and affiliate networks ARE responsible and WILL be accountable for their actions. It's not enough for an affiliate network to hide affiliates (and themselves) behind an "ID." And although the "Florida" attorney general's office settled - it doesn't exclude other state's from further action. It's not unusual to see other states jump in on these kinda things.

Unfortunately, many players in the industry continue to be non-compliant. For example, Copeac, also under investigation:
Free Cingular Ringtones - Ringtones - Bonus Ringtones, Ring Tone, Ring Back & Ringers

Customized page made (made by WickedFire member: EduardoM3) - No pricing, No terms/conditions, and "Free"

Traffix now owned by New Motion, Inc (Mobile Sidewalk) uses "Free" in all their PPC ads.

When you see these kinda things it's no wonder the ringtone space is being hit with new rules and regulations. All the players in the industry are going to have to do a better job of monitoring and enforcement because ignorance of the law is no excuse.

Jon · 11-07-2007, 06:42 PM

Can you post a copy of Eduardo's site/landing page with the "free" claims?

arahim3 · 11-07-2007, 06:51 PM

Are you saying that Eduardo didn't make Copeac's glamtones page? - the link is in my post. It has NO pricing, terms/conditions, and "Free" via DKI.

Eduardo is the "provider" whose system powers Glamtones for Copeac also he runs yixe.com (personal)

I quote Eduardo's post from another WF thread:
The intelligent/ethical marketers who have been here from the beginning and are still around despite all the market changes will continue to stay. The people who use deceptive ad-copy, don't have any bid management technology and those who have all their eggs in one basket are the ones who will not only be hurt by this, but by every change this market has while its evolving into a much more established and consumer-friendly market.

Jon · 11-07-2007, 06:52 PM

The get-ringtones-today.com without the keyword tracking is also appearing as "free cingular ringtones" for me, but not for others it seems. Although it is right underneath the *$9.99 part.... but Copeac/Intermark Media doesn't own that domain, they do however own gl.amtones.com.

arahim3 · 11-07-2007, 06:56 PM

Quote:

Originally Posted by Jon

The get-ringtones-today.com without the keyword tracking is also appearing as "free cingular ringtones" for me, but not for others it seems. Although it is right underneath the *$9.99 part.... but Copeac/Intermark Media doesn't own that domain, they do however own gl.amtones.com.

The landing page is not compliant and the leads go thru Copeac/Intermark Media.

wsmith810 · 11-07-2007, 07:14 PM

Very interesting information...
What does this mean for the Affiliates themselves besides more rules... Shouldn't they be held liable in some way? Or does it all fall back on the networks?

Jon · 11-07-2007, 07:23 PM

I'm not fending for anyone on this shit...

I'm just pointing out that they don't own that domain. Simple whois lookup buddy. Haha!

Jon · 11-07-2007, 07:30 PM

Quote:

Originally Posted by arahim3

Are you saying that Eduardo didn't make Copeac's glamtones page? - the link is in my post. It has NO pricing, terms/conditions, and "Free" via DKI.

Eduardo is the "provider" whose system powers Glamtones for Copeac also he runs yixe.com (personal)

I quote Eduardo's post from another WF thread:
The intelligent/ethical marketers who have been here from the beginning and are still around despite all the market changes will continue to stay. The people who use deceptive ad-copy, don't have any bid management technology and those who have all their eggs in one basket are the ones who will not only be hurt by this, but by every change this market has while its evolving into a much more established and consumer-friendly market.

I don't know, nor do I really care who made what site for the other guy. If they want to come here and explain it to ya, by all means have it out with them. Don't start pulling me into this mess. I get into enough shit as it is, I don't want to be involved in any ringtone he said she said bullshit.

Insomniac · 11-07-2007, 07:45 PM

Quote:

Originally Posted by arahim3

The landing page is not compliant and the leads go thru Copeac/Intermark Media.

If you took even two seconds to try to submit a number you'd find that the page redirects to a disabled account. Copeac has done their job by identifying a shady publisher and stopping them from using the offer. End of story.

wsmith810 · 11-07-2007, 08:03 PM

Quote:

Originally Posted by Insomniac

If you took even two seconds to try to submit a number you'd find that the page redirects to a disabled account. Copeac has done their job by identifying a shady publisher and stopping them from using the offer. End of story.

Thank you

arahim3 · 11-07-2007, 08:08 PM

Insomniac,

The page was JUST disabled by Copeac as I'm told Jon contacted them. This page has been live for MONTHS.

This non-compliant page may belong to an affiliate but there are others which belong to Copeac (house accounts). I will not divulge that information here as Jon said we do not want to start a pissing match - contact me by PM if you must. The point of my post is that the industry remains plagued by violations. This issue doesn't just affect Copeac - AzoogleAds, PrimaryAds, CPA Empire, Traffix/New Motion, Dada Mobile, Thumbplay are all actively involved in some sort of shady marketing (knowingly or otherwise). I suggest reading Jon's post (Prostitutes & Affiliates - The Cops Don't Care) about how serious the "police" is getting on enforcement.

Andrew · 11-07-2007, 10:30 PM

No idea who you are, but here is what I see:

The landing page can say anything Lick My Balls - Ringtones - Bonus Ringtones, Ring Tone, Ring Back & Ringers ; you should show a link to the actual ad saying free ringtones

This agreement is with Azoogle (which "does not constitute any evidence or admission of any kind.") This was not a fine but a "contribution" for their trust fund (page 8.)

I don't see how this involves any party other than Azoogle. How can "PrimaryAds, CPA Empire, Traffix/New Motion, Dada Mobile, Thumbplay" and so on violate an agreement that they were not part of?

Shady? May be. I think insurance companies selling people hurricane insurance and then not paying is pretty damn shady. The "shadiness" of an event seems pretty irrelevant here.

Jon · 11-07-2007, 10:42 PM

Quote:

Originally Posted by arahim3

Insomniac,

The page was JUST disabled by Copeac as I'm told Jon contacted them. This page has been live for MONTHS.

This non-compliant page may belong to an affiliate but there are others which belong to Copeac (house accounts). I will not divulge that information here as Jon said we do not want to start a pissing match - contact me by PM if you must. The point of my post is that the industry remains plagued by violations. This issue doesn't just affect Copeac - AzoogleAds, PrimaryAds, CPA Empire, Traffix/New Motion, Dada Mobile, Thumbplay are all actively involved in some sort of shady marketing (knowingly or otherwise). I suggest reading Jon's post (Prostitutes & Affiliates - The Cops Don't Care) about how serious the "police" is getting on enforcement.

I didn't contact anyone... Who are you getting your information from Kent?

casidnet · 11-07-2007, 10:58 PM

From what I can see quite a bit of the original post is wrong/misguided.

Insomniac · 11-07-2007, 11:48 PM

Quote:

Originally Posted by arahim3

Insomniac,

The page was JUST disabled by Copeac as I'm told Jon contacted them. This page has been live for MONTHS.

This non-compliant page may belong to an affiliate but there are others which belong to Copeac (house accounts). I will not divulge that information here as Jon said we do not want to start a pissing match - contact me by PM if you must. The point of my post is that the industry remains plagued by violations. This issue doesn't just affect Copeac - AzoogleAds, PrimaryAds, CPA Empire, Traffix/New Motion, Dada Mobile, Thumbplay are all actively involved in some sort of shady marketing (knowingly or otherwise). I suggest reading Jon's post (Prostitutes & Affiliates - The Cops Don't Care) about how serious the "police" is getting on enforcement.

If you're not happy with the speed at which gl.amtones removes an affiliate account I suggest you contact Ed directly and you will have the publisher banned within minutes of him receiving your message. Ed is far from interested in running some lameass for a few extra dollars.

Ben · 11-08-2007, 08:55 AM

Quote:

Originally Posted by Insomniac

If you're not happy with the speed at which gl.amtones removes an affiliate account I suggest you contact Ed directly and you will have the publisher banned within minutes of him receiving your message. Ed is far from interested in running some lameass for a few extra dollars.

I agree. I have designed many LPs for the networks, Ed has been the most strict when it comes to following guidelines. I have numerous revisions to prove it.

arahim3 · 11-08-2007, 03:19 PM

Really? So what would he be doing promoting the ringtones as "free" himself?

... convenient mistake? - EduardoM3 promoting "free" ringtones via yixe.com (dada mobile)

you can defend Copeac all you want, I understand a lot of you make good money from them, but look at their house account site:
http://www.ringtoneevolution.com - middle of the page:
Ringtone Providers: There are many service providers to choose from. Our partners include:

Funmobile: Funmobile seeks to take a comprehensive approach to the cell phone market. Not only do they offer ringtones but they provide some of the hottest screen savers, background images, and games out. Supporting the trendy cell phone market they support CDMA, TDMA, and the fast rising SIM Card GSM phones. With just 3 easy steps to download a ringtone from funmobile.com at no charge for any carrier.They offer a complimentary ringtone to get you started.

sure most people won't scroll down to the middle of the page, that's old, it's a mistake, my dog ate it, blah blah IF we can't expect a NETWORK's marketing efforts to be compliant what hope is there for affiliate policing?

btw, that is just ONE Copeac non-compliant example there are others but my intention is NOT to single out Copeac - as I said before the entire industry is VERY dirty in its current state so its no surprise that lawsuits are flying left and right.

each and every affiliate network is dealing with compliance violations on a daily basis - some delete e-mails because they're top $hoemonkey is bringing in too much to do anything about it - while a few actually withhold earnings to make a point

in any case the next big thing for ringtones is the cingular pin confirmation removal which has been delayed until February of '08 - maybe march. this step was added in the UK years ago and the average PPC conversion there is 4-5% max (granted its a different setup). because cingular is top 1 (or 2 depend

11-07-2007, 04:35 PM	#1 (permalink)
arahim3 Junior Member Join Date: Nov 2007 Posts: 15	Azoogle settles for $1mm Azoogle settled the ringtone investigation for $1 million dollars News Release - Attorney General McCollum Unveils New Cyberfraud Task Force Court Filing: http://myfloridalegal.com/webfiles.n...VC10-31-07.pdf $1 million - easy business write off. One would have to assume their on the decline - considering their shady email background (Spamhaus listings), their boot from CJ (eBay), dozens of layoffs, denial of a second round of VC financing, and now this. Interesting note: Joe and Alex hired former Gambino crime family attorneys to defend them in this investigation. The settlement also serves as a wake-up call to the rest of the players in the ringtone industry. The bottom line is that carriers, aggregators, ringtone providers, and affiliate networks ARE responsible and WILL be accountable for their actions. It's not enough for an affiliate network to hide affiliates (and themselves) behind an "ID." And although the "Florida" attorney general's office settled - it doesn't exclude other state's from further action. It's not unusual to see other states jump in on these kinda things. Unfortunately, many players in the industry continue to be non-compliant. For example, Copeac, also under investigation: Free Cingular Ringtones - Ringtones - Bonus Ringtones, Ring Tone, Ring Back & Ringers Customized page made (made by WickedFire member: EduardoM3) - No pricing, No terms/conditions, and "Free" Traffix now owned by New Motion, Inc (Mobile Sidewalk) uses "Free" in all their PPC ads. When you see these kinda things it's no wonder the ringtone space is being hit with new rules and regulations. All the players in the industry are going to have to do a better job of monitoring and enforcement because ignorance of the law is no excuse.

11-07-2007, 06:42 PM	#2 (permalink)
Jon Join Date: Jun 2006 Location: New York City Posts: 7,519	Can you post a copy of Eduardo's site/landing page with the "free" claims? __________________ There's someone in my head... but its not me. Skittles - Taste the rainbow... in jail. The Best in shamwow PPC

11-07-2007, 06:52 PM	#4 (permalink)
Jon Join Date: Jun 2006 Location: New York City Posts: 7,519	The get-ringtones-today.com without the keyword tracking is also appearing as "free cingular ringtones" for me, but not for others it seems. Although it is right underneath the *$9.99 part.... but Copeac/Intermark Media doesn't own that domain, they do however own gl.amtones.com. __________________ There's someone in my head... but its not me. Skittles - Taste the rainbow... in jail. The Best in shamwow PPC

11-07-2007, 07:14 PM	#6 (permalink)
wsmith810 The Ripper Join Date: Aug 2007 Location: Summit, IL Posts: 714	Very interesting information... What does this mean for the Affiliates themselves besides more rules... Shouldn't they be held liable in some way? Or does it all fall back on the networks? __________________ Tool I used to make $1,300 In < 24 Hours W/ Facebook - 0wN3d the Facebook Good free spyware / adware scan and info

11-07-2007, 07:23 PM	#7 (permalink)
Jon Join Date: Jun 2006 Location: New York City Posts: 7,519	I'm not fending for anyone on this shit... I'm just pointing out that they don't own that domain. Simple whois lookup buddy. Haha! __________________ There's someone in my head... but its not me. Skittles - Taste the rainbow... in jail. The Best in shamwow PPC

11-07-2007, 06:51 PM	#3 (permalink)
arahim3 Junior Member Join Date: Nov 2007 Posts: 15	Are you saying that Eduardo didn't make Copeac's glamtones page? - the link is in my post. It has NO pricing, terms/conditions, and "Free" via DKI. Eduardo is the "provider" whose system powers Glamtones for Copeac also he runs yixe.com (personal) I quote Eduardo's post from another WF thread: The intelligent/ethical marketers who have been here from the beginning and are still around despite all the market changes will continue to stay. The people who use deceptive ad-copy, don't have any bid management technology and those who have all their eggs in one basket are the ones who will not only be hurt by this, but by every change this market has while its evolving into a much more established and consumer-friendly market.

11-07-2007, 08:08 PM	#11 (permalink)
arahim3 Junior Member Join Date: Nov 2007 Posts: 15	Insomniac, The page was JUST disabled by Copeac as I'm told Jon contacted them. This page has been live for MONTHS. This non-compliant page may belong to an affiliate but there are others which belong to Copeac (house accounts). I will not divulge that information here as Jon said we do not want to start a pissing match - contact me by PM if you must. The point of my post is that the industry remains plagued by violations. This issue doesn't just affect Copeac - AzoogleAds, PrimaryAds, CPA Empire, Traffix/New Motion, Dada Mobile, Thumbplay are all actively involved in some sort of shady marketing (knowingly or otherwise). I suggest reading Jon's post (Prostitutes & Affiliates - The Cops Don't Care) about how serious the "police" is getting on enforcement.

11-07-2007, 10:30 PM	#12 (permalink)
Andrew Join Date: Jun 2006 Posts: 2,006	No idea who you are, but here is what I see: The landing page can say anything Lick My Balls - Ringtones - Bonus Ringtones, Ring Tone, Ring Back & Ringers ; you should show a link to the actual ad saying free ringtones This agreement is with Azoogle (which "does not constitute any evidence or admission of any kind.") This was not a fine but a "contribution" for their trust fund (page 8.) I don't see how this involves any party other than Azoogle. How can "PrimaryAds, CPA Empire, Traffix/New Motion, Dada Mobile, Thumbplay" and so on violate an agreement that they were not part of? Shady? May be. I think insurance companies selling people hurricane insurance and then not paying is pretty damn shady. The "shadiness" of an event seems pretty irrelevant here.

11-07-2007, 10:58 PM	#14 (permalink)
casidnet Senior Member Join Date: Nov 2006 Posts: 167	From what I can see quite a bit of the original post is wrong/misguided.