Tag: branding

  • GONE TOO FAR? Video Implies Data Network Affiliates Has Branding Deal With Apple’s ‘iPhone’; Separate Video Implies Phone Available For $10 A Month With No Contract; No Immediate Comment From Apple

    A YouTube video pitch for DataNetwork affiliates claims the company is offering a branded iPhone.

    Have DataNetworkAffiliates and its multilevel-marketing sales force finally gone too far?

    Oprah Winfrey and Donald Trump now have company on the list of famous names DNA promoters claim have ties to the firm — and this time the name is bigger and has even deeper pockets than Oprah or The Donald: Apple Inc., the inventive, Steve Jobs-led electronics behemoth that brought the world the Macintosh, the iPod, the iPad, iTunes and the iPhone.

    A video on YouTube asserts that DNA is offering a branded iPhone dubbed the “DNA iPhone.” Meanwhile, the video asserts that DNA is the “ONLY Network Marketing Company With Branded iPhones.”

    Video asserts that DNA is the "ONLY Network Marketing Company With Branded iPhones."

    The video provides no substantiation of the claims and does not show such a branded iPhone. Regardless, a URL at the YouTube site encourages viewers to register for DNA and “JOIN A FREE BUSINESS AND MAKE INCREDIBLE RESIDUAL INCOME.”

    It is far from clear that DNA has any business relationship at all with Apple, despite the claim it was selling DNA-branded iPhones. A separate YouTube video that appears to have been posted by another DNA member implies that DNA not only has an iPhone, but that the iPhone comes with a “No Term Contract” for $10 a month.

    “You are Not in Kansas Anymore!” the second video screams. “This is Global Baby!”

    Apple, which is known to defend its brand and intellectual property vigorously, did not respond immediately to the PP Blog’s request for comment. It

    A second video implies the iPhone comes with a price tag of only $10 a month with no contract

    is not believed that DNA, which uses a domain registered in the Cayman Islands and has conducted customer service for months with a free gmail address, has any licensing agreement with Apple for cell-phone marketing, pricing or the use of Apple’s intellectual property.

    Images of iPhones, however, appear in the YouTube promotions and on DNA’s website. A picture of an iPhone G3 and other phones is featured prominently on the DNA site, below a headline of “Introducing UNLIMITED Talk, UNLIMITED Text with UNLIMITED Data Plans: DNA Cellular Begins Full Service May 2010.”

    Neither Winfrey nor Trump’s organizations responded to requests for comment from the PP Blog when contacted in February to determine if either celebrity had endorsed DNA or authorized their images to be used in promotions for DNA. Images of Winfrey and Trump appeared for 10 continuous minutes in a YouTube video for DNA.

    One DNA promoter claimed during a conference call earlier this year that the company had “certain people on speed dial that’s incredible.”

    Apple was made aware of the DNA iPhone claim on YouTube by both email and telephone earlier today.

    The iPhone claim in the DNA promos is included among a series of claims — all of which raise questions about licensure, the use of trademarks and other intellectual property and the often seedy or disingenuous practices of multilevel-marketing (MLM) companies and affiliates who attempt to attach their names to famous entities and individuals to create legitimacy by osmosis.

    DNA, which has been in business for only months, did not even start out in the cell-phone trade. Rather, the company told members that it was in the business of recording license-plate numbers for entry in a database that potentially could be helpful to law enforcement and the AMBER Alert program.

    Claims that DNA could help the U.S. government and law enforcement locate abducted children were made despite the fact the company uses a domain registered offshore and conducts support through gmail, apparently by using an autoresponder.

    In a bizarre response to concerns about the Cayman Islands domain, the company said it had chosen “privacy” protection on the domain for $5 “to prevent management from having to “put up with 100 stupid calls a day,” a member told the PP Blog.

    Virtually overnight the company morphed into a purported cell-phone business, declaring “GAME OVER – WE WIN” and bragging “DNA goes CELLBALISTIC with TALK & TEXT Unlimited $10 Monthly with FREE PHONE . . . D.N.A. HITS 100,000 SIGN UPS in 60 DAYS . . . D.N.A. GOES CELLBALISTIC WORLD – WIDE . . . A TEN BY TEN EQUALS MORE MONEY THAN YOU CAN SPEND . . . If you thought finding ten people to write down 20 plates was easy . . . wait until you offer TALK and TEXT UNLIMITED FOR $10 A MONTH WITH FREE PHONE.”

    DNA plants the seed on its own website that the iPhone is in its product lineup.

    Within three weeks of making the claim that it had conquered the cell-phone business, DNA admitted it could not offer unlimited talk and text with a free phone for $10 a month. Incredibly, the company said it researched pricing only after announcing the $10 plan.

    DNA then sent members a pitch for a product known as the “DNA Sleep System,” offering “50% off” a purported price of nearly $2,000.

    “This sleep system has 400% Deeper Penetration than it’s predecessor with new ‘Three Dimensional Magnetic Fields’ The First of Its Kind with Patented Technology!” DNA said.

    “The D.N.A. OUTFRONT Magnetic Sleep System is 400% more powerful than anything currently in the marketplace. Out of everything under the D.N.A. Opportunity this is one of the most exciting and more profitable items which will be listed with DNA CONNECTS.”

    Members of DNA continue to promote the $10 plan and to make liberal use of the names of famous people and products across the web.

  • Surf’s Up Deletion Raises Quid Pro Quo Questions

    Andy Bowdoin. Surf's Up quid pro quo?
    Andy Bowdoin. Surf's Up quid pro quo?

    UPDATED 1:22 P.M. EST (U.S.A.) Earlier this month a photo of Olympic swimmer Michael Phelps holding a bong sparked a firestorm, which ultimately led to a public apology from the celebrated gold medalist. Phelps subsequently was fired by Kellogg Co. because it cherished its brand and didn’t want the cereal- and snack-eating children of America to believe it endorsed smoking marijuana.

    Phelps is one of the most important athletes in the world. He can help companies sell products by the truckload and further instill their brands in the consciousness of buyers. Despite Phelps’ extraordinary accomplishments (eight gold medals at the 2008 Olympics), his apology, his youth (he’s 23) and his magnetic drawing power, Kellogg’s said goodbye, issuing a special statement to do so.

    A photo of an Olympian smoking pot is “not consistent with the image of Kellogg,” the company said.

    Phelps was not charged with a crime and will not be. USA Swimming, the governing body for the sport in the United States, however, suspended him for three months.

    “This is not a situation where any anti-doping rule was violated, but we decided to send a strong message to Michael because he disappointed so many people, particularly the hundreds of thousands of USA Swimming member kids who look up to him as a role model and a hero,” the organization said. “Michael has voluntarily accepted this reprimand and has committed to earn back our trust.”

    Some Phelps’ sponsors stood by his side, while not marginalizing his conduct or making excuses for it.  No company will risk its reputation by running interference for Phelps.

    A Study In Contrast

    Now, compare the actions of USA Swimming and Kellogg’s to the actions of the Pro-AdSurfDaily “Surf’s Up” forum. (It may seem like a stretch, but it’s not: The Surf’s Up forum says it is comprised of professional business people with professional advertising needs, and ASD says is is a professional advertising company.)

    In August, ASD was accused of operating a wire-fraud and money-laundering operation whose central component was a $100 million Ponzi scheme that had money on deposit in at least three countries. Surf’s Up’s raison d’être — it’s reason for being — was to advocate for ASD and ASD President Andy Bowdoin, a convicted felon. Indeed, the site’s formal name is the ASD Member Advocates forum.

    Rarely in U.S. business does a professional entity make unrestrained cheerleading for a convicted felon involved in possible new felonies its signature calling. Most entities would be afraid of the stain spilling over or perhaps being drawn into a criminal investigation themselves. As a practical matter, there is little upside for an entity that associates itself with felons.

    Since its inception, Surf’s Up has been famous for deleting posts that painted ASD in an unflattering light. It also is famous for heckling and even banning posters who asked tough questions.

    But the site’s strangest act to date was to accept ASD’s official endorsement, which the embattled company issued publicly Nov. 27 on its Breaking News site. While most entities on earth would repudiate  the endorsement of a felon who has other felony charges possibly waiting in the wings, Surf’s Up embraced it. The endorsement came only days after a federal judge ruled that ASD had not demonstrated at an evidentiary hearing last fall that it was a legal business and not a Ponzi scheme.

    Unlike Kellogg’s and USA Swimming — both of which issued special statements to distance themselves from a bong — Surf’s Up issued no such statement to distance itself from an alleged $100 million Ponzi scheme.

    Within a couple of weeks of the endorsement, some of the Surf’s Up Mods were promoting AdViewGlobal (AVG), a new surf that shares an executive with ASD and a customer-service employee who testified for ASD at the Sept. 30-Oct. 1 evidentiary hearing.

    One of AVG’s first formal acts was to claim it had no ties to ASD, despite the executive it shared with ASD and despite the shared customer-service rep, who also doubled as a spokesman for AVG.

    AdViewGlobal says Quincy is its home.
    AdViewGlobal says Quincy is its home.

    And AVG made the “no ties” claim despite the appearance of AVG graphics on an ASD-controlled webroom, including a graphic that listed AVG’s address as 13 S Calhoun Street, Quincy, FL 32351, which also happens to be the street address for ASD.

    Most entities shy away even from the appearance of impropriety. Surf’s Up didn’t even do that. In fact, it cheered anew for another controversial surf: AVG.

    Could ASD’s endorsement of Surf’s Up been quid pro quo for its months-long loyal cheerleading and a reward for helping build a customer base for AVG?

    It sure looks that way, especially when Surf’s Up embraced the endorsement instead of repudiating it. And it really looks that way, considering the fact that some Surf’s Up Mods and members created a site to cheerlead for AVG shortly after receiving ASD’s endorsement.

    But it especially looks that way when Surf’s Up deletes posts such as this one (below) that appeared yesterday. The post was on the topic of a second forfeiture complaint that had been filed against assets tied to ASD (December) and Bowdoin’s decision (January) to give up his fight for assets seized in the first complaint in August (italics added):

    Anyone else think the “kids” Barb believes Andy may have been nobly protecting when he gave the members money to the government refers to the adult son and daughter-in-law of Faye Bowdoin? The government “went after” the property (homes and cars) of Mrs. Bowdoin’s adult son and daughter-in-law because the Harris’ home mortgage was paid off, and a car and boat were purchased, with ASD funds and funds withdrawn from AdSurfDaily’s Bank of America accounts and deposited into newly established accounts at Capital City National Bank in the name of a business named Bowdoin/Harris Enterprises. Bowdoin/Harris Enterprises was incorporated in Florida in June of 2008.

    Just in case Barb’s right, and she seems to have a close connection to the Bowdoin’s, if Andy was motivated to give up all claims to the members funds in order to protect George and Judy Harris, let’s see what the kids were up to, that caught the eye of the government:

    June l0, 2008
    George Harris and Faye Bowdoin opened a Bowdoin/Harris Enterprises bank account at Capital City National Bank (CCNB) using $l77,900.l2 withdrawn from AdSurfDaily’s Bank of America accounts.

    June ll, 2008
    Judy and George Harris purchase new car for $28,607.67 with funds in an ASD bank account at BOA; the vehicle owners are the Harris’s.

    June 23, 2008
    George Harris transferred $l57,2l6.79 from CCNB account to Citi Mortgage, to pay off the mortgage on the home he and Judy were buying.

    “Kids” George and Judy took money that had been “paid to the order of AdSurfDaily” by the members and used it as if it was their own. They didn’t have to use what was left of their personal income after they paid federal income taxes and FICA, like you and I would have to do.

    Andy may have been worried about those kids, but I’m saving my sympathy for the kids whose college funds were raided, or whose homes were foreclosed on.

    None of these actions — the establishment of an ASD cheerleading site, the acceptance of ASD’s endorsement, the establishment of a cheerleading site for AVG — is consistent with the actions of a professional business entity.

    All of the actions, however, are consistent with a pattern of misinforming and deceiving — of running interference for a criminal enterprise.

    It is beyond loathsome, but it’s business-as-usual at Surf’s Up.

  • A Note To Readers

    Dear Readers,

    It had been our plan all along to convert from Blogger to WordPress in 2009. We made the conversion earlier than planned because of significant problems we began to experience with databases and website functions earlier this week.

    Part of the plan also was to port hosting. We ended up carrying out both tasks this week. One of the challenges was to learn a Linux-based system different from the system to which we were accustomed. We’re still learning. :-)

    A good number of you have been following our coverage of the civil forfeiture case against AdSurfDaily, a so-called autosurf company. We’ll continue to cover the story, which has affected thousands of people involved in online commerce.

    We plan to build this new site a little each day. We’ll also talk about the writing life and branding. Google is one of the world’s great businesses. It indexes billions and billions of web pages. One of the challenges of launching an online business is finding a way to emerge from Google’s giant slush pile. Many entrepreneurs and hobbyists are buried under tons of electronic slush and seek ways to make their websites memorable.

    This is the “experience economy.” It’ has never been more important to provide a memorable experience to website visitors. But far too often memorability gets confused with noisiness. People try to shout their way out of the slush pile, believing screaming is a virtue because “everybody is doing it.”

    We do things a bit differently here. The spokesperson for this Blog, for example, is a cartoon-character “Poster Model” with trendy glasses, trendy hair, a magnificent red nose and a smile made for toothpaste commercials.

    It’s our way of not screaming, of climbing up through the mountains of slush. These mountains existed before we even contemplated an online presence. Our eBooks and information products are about emerging from all that slush. Our plan is for the long-term. The traditional print media — our home for years — is facing monumental challenges. Newspapers and magazines and broadcast outlets are laying off employees.

    Their fear is the fear of the blacksmith confronting the age of the automobile. Our roots are in print media. At one time the advertising pie was comprised largely of only four slices: print, radio, TV, billboards. The Internet forced a fifth slice, and has been taking an incrementally larger share of the pie. We do not believe our print share ever will increase, which is why it’s important to build the Internet share.

    Well, enough for now on this subject. Just wanted you to know we appreciate your continued visits.

    Regards,

    Patrick

    So,