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Invoice: Cease & Desist Letter Service Package

Fee

$900.00

Hello Madison,

This is an invoice to provide the services described below.  If this is acceptable, please click the “Pay Invoice” button to pay.  You will be guided through a brief attorney-client engagement agreement before making payment.

 Details

A user of your site (whom we’ll call the “pirate”), living in Pittsburgh, has been reselling and redistributing valuable content from your website.  You are not ready to bring a lawsuit, even though you have done so successfully in the past for similar behavior. Instead, you would prefer that this pirate comply with the following demands:

  1. Cease copying, distributing, displaying, and deriving the materials he’s taken.  He should immediately withdraw and delete all content he’s taken from you, wherever he has made it available, including but not limited to Twitter and Telegram.  He should provide evidence (tbd) of such removal and deletion.
  2. Vow that he is not now and will never again use your works other than in accordance with your license agreement.
  3. Sign a consent agreement indicating his assent to and compliance with #1 and 2.
  4. Provide credentials to the Twitter account(s) he’s used to distribute and publicize the material.
  5. Provide credentials to the Telegram account(s) he’s used to distribute the material.

You and I should figure out how we will respond to partial compliance or his counterproposal (e.g., take-down, but no credentials).  As we discussed, a way of ensuring compliance is to describe briefly the consequences of noncompliance. I will work on crafting language for this, but the legal basis includes your license agreement, the copyright laws of the United States and Canada, and the laws pertaining to the use of a person’s name Imgur likeness for commercial gain.  I will of course want to verify that the pirate lives at the address he gave when he ordered your material.

I will review of all the material you supply, prepare a draft letter and consent agreement, review the letter with you, and send the letter via certified/return-receipt requested.  I will also perform the function of receiving the credentials — via email but with physical backup.  I estimate that this work will take approximately 3 hours to complete and cost of a total of $900.00.  The risk of it taking more time is mine.

This Cease  & Desist Letter Service Package is governed by the terms of the GCO agreement with your company.  The Service Package Fee is refundable upon your request until the services are rendered, less payment processing fees, which are on average about 3% of the purchase price. If services have been partially rendered, you are entitled to a reasonable partial refund.   Refunds will be credited to the credit card that you used to purchase the Service Package.