Clarification

[Originally posted on Alticor Media Blog, so when it talks about Mike Mohr as "our lawyer," please be aware that Mr. Mohr is General Counsel for Alticor, not IBOAI.]

The news yesterday was pretty simple. The Kent County Circuit Court issued a couple clarifications of its rulings from last week. The judge did not change his rulings, just clarified a few sentences.

So, no surprises from where we sat; we thought the rulings were pretty clear in the first place. The TEAM legal team remains oh-for-three — losing every time a judge has heard arguments on the merits.

But of course, that did not stop their class-action spin machine from trying to turn a minor legal procedure into some kind of PR landslide. Irksome.

Allow a little lawyer-to-lawyer communication to cut through the clutter. TEAM’s lawyer is D.J. Poyfair. Mike Mohr is our general counsel.

Dear Mr. Poyfair,

Please stop spinning.

Let’s look at some of the facts and context that you left out of your misleading press release issued late yesterday regarding Judge Sullivan’s most recent Order.

1. Quixtar agreed with Judge Sullivan’s clarification. You might not know that, since you were not there.
2. Quixtar IBOs STILL CANNOT promote or sell TEAM materials and functions. TEAM is still under injunction (par. 1-3 of the Order) and still cannot use Line of Sponsorship or IBO information to promote and sell materials that are now banned for use in the Quixtar business.Why would you leave this critical information out of your PR, Mr. Poyfair? Does it matter to you that leaving this information out exposes innocent IBOs to the risk of serious contract violations?
3. And, Mr. Poyfair, why did you leave out the other “clarification” that judge Sullivan put in his Order yesterday? New paragraph 5 of the order reads:“Defendants shall return any and all information compiled by Quixtar that discloses or relates to all or part of the specific arrangement of sponsorship within the Quixtar business, including IBO lists, sponsorship trees, and all IBO or Independant Business information generated therefrom.”

Just tell the truth, Mr. Poyfair. Clarify that spin. Advise your clients to stop selling through our IBOs and return our data.

Mike Mohr

Comments

[jthompson]

This Just In!!! (from a post by Ron Simmons at alticor blog comment)

TEAM leaders are still encouraging their downline team to operate their Quixtar Business!

I can imagine being at their open opportunity meeting.

“Now here is you (drawing the circles/642 plan). You are in business with two partners. One is the training and support, called TEAM, they are awesome, lead by Orrin W. and Chris B. Now your supplier and the one that powers your business is called quixtar.com Now Quixtar is a terrible corporation. In fact we/TEAM have created a FORUM to TRASH Quixtar and its sister Company Amway all day long. Quixtar and their exectutive leadership are a bunch of liars we have an entire thread on our website devoted to comparing Quixtar to Great Britain during 1770’s when American Colonies declared their independence and americans were murdered by the “Crown” (Quixtar) - Quixtar is greedy and they try to take away your freedom. Yet, please still join the businesss b/c we are awesome! (TEAM) and we are going to keep filing lawsuits until we win… so we can start another mlm company”

If i were a guest - i’d not just be confused, i’d be CORN-FUSED!!!!

How in the heck is TEAM Leaders still building a Quixtar business like Ron Simmons said they are?

JT
one of the many bloggers on TEAM forum/blog that was terminated b/c he didn’t agree with everything that Master Woodhead and Master Brady passed down the pipeline,

[Moderator: ROFL!!!!]

[david]

When you stated "The TEAM legal team remains oh-for-three — losing every time a judge has heard arguments on the merits." you forgot that TEAM's legal team has one 11 TRO, so I guess that would make TEAM 11 for 3.

[jthompson]

a temporary restraining order is not the effect as a trial and Decision by a Judge. I can call my friend that is a lawyer and I can get a TRO from you tomorrow!

Quixtar is batting 100% in TROs - TEAM is filing TROs not stop.... Quixtar is not interested in playing TEAMs game and abuse the american law system.

[Maureen]

I think Mr. Mohr needs to re-read the judge's ruling and clarification, at least if he is referring to the one linked to above. Because I for one cannot see where it says IBOs cannot promote or sell Team tools and functions. Is there some special code in there that only attorneys and Quixtar people can understand?

I read that the judge said that four former IBOs (Orrin & Laurie Woodward and Chris & Terri Brady) cannot promote, distribute or sell products that COMPETE or INTERFERE with Quixtar’s business or IBOs; they cannot solicit any IBO to any business that competes with Quixtar; and that THIS DOES NOT PRECLUDE ANY TEAM LEADERSHIP, MOTIVATIONAL, OR EDUCATIONAL MEETINGS provided they do not violate subsections 1, 2, or 3.

To me, that says that those four people can’t sell anything that competes with Quixtar, and they can’t solicit any IBOs to join another MLM. And the judge specifically said that Team meetings are okay. Unless I don’t understand the phrase, “this does not preclude.”

[rdknyvr]

Moderator, some interesting results from Google Blogs Alerts... a couple examples below. I note that both of these people appear to be blogging here or at the Alticor Blog as well... any comment?

Google Blogs Alert for: "Orrin Woodward"

TEAM (Quixtar) Member Speaks Out
By Kathy(Kathy)
I was curious as to what they were being told about Orrin Woodward and Chris Brady filing the lawsuit with Quixtar and the results that came out last Friday. They were taught by their upline to not watch tv or listen to the radio, ...
Network Marketing--MLM--Income Myth - http://mlm-network-marketing-income-myth.blogspot.com/

Is TEAM Brainwashing It's IBO's?
By Shaun Carter
... and is currently embroiled in a fierce legal fight to try to void their non-compete contracts. More Details. Technorati Tags: quixtar, alticor, team of destiny, team, shaun carter, orrin woodward, chris brady, network marketing, mlm.
Shaun Carter dot Com - http://www.shauncarter.com

[dsc]

From the Quixtar (Amway?) LOS page "The information contained within this section constitutes trade secret, confidential and proprietary business information, which has been developed and is owned exclusively by Quixtar."

Are they seriously saying they developed my LOS. Alticor didn't develope my downline. I did, with the help of my support team. Some of my LOS are my own children, Alticor certainly had nothing to do with that, my wife gets most of the credit.

[Moderator: They are saying that what THEY wrote is confidential.]
If anything the LOS is a trade my trade secret and information I shared with Alticor.

[Tex]

dsc,

You misunderstand the intent.

The intent is to protect YOUR business, not to own your personal relationship with your children.

This statement prevents your upline (let's assume they are, say, um, as an example....Orrin!) from taking the downline you have in your business, and getting them into another MLM.

This is a business relationship they are protecting, whether your downline includes your children or people who were perfect strangers to you prior to being involved with the business.