ProfitClicking, the nascent follow-up scam to JSS Tripler/JustBeenPaid that surfaced last month amid claims of the sudden retirement of purported JSS/JBP operator Frederick Mann, appears to be trying to tell affiliates that they’ll incur no liability for promoting the “program.”
And even as it does this, ProfitClicking is disclaiming any liability on the part of the “opportunity”:
“Participants agree to hold the ProfitClicking! owners, managers, and operators harmless in respect of any losses incurred as a result of participation in any activity related to ProfitClicking!” the “opportunity” claims in its Terms.
The development occurs on the heels of the collapse of Zeek Rewards, which the SEC described as a $600 million Ponzi- and pyramid scheme that recruited investors by making them believe they’d joined a sort of online nirvana that provided a return of 1.5 percent a day. Zeek’s Aug. 17 collapse already has triggered at least two class-action lawsuits, the appointment of a receiver who has signaled he’ll pursue winners for ill-gotten gains and the seizure of Zeek-related money by the U.S. Secret Service.
Like JSS/JBP before it, highly secretive ProfitClicking plants the seed that it will pay even more than Zeek.
One of the Zeek-related, class-action lawsuits is targeted at Zeek operator Paul R. Burks and 10 “John Does,” meaning the plaintiffs are targeting individuals believed to have profited from the alleged Zeek Ponzi scheme or perhaps helped Burks pull off the scam.
Given that disclaimer language never has succeeded in warding off a fraud prosecution or private lawsuit in HYIP Ponzi land, ProfitClicking’s words aimed at insulating itself are virtually meaningless. Whether ProfitClicking actually believes it can provide legal cover for its pitchmen is unclear. What is clear is that the ProfitClicking Terms — like the JSS/JBP Terms before it — read like an invitation to join an international financial conspiracy.
If you’re a ProfitClicking promoter, good luck at your deposition in the post-AdSurfDaily*, post-Legisi**, post-Pathway To Prosperity*** and post-Zeek era when a private attorney or lawyer for the government asks you why you were promoting a “program” that advertised a return in the hundreds of percent per year and made you affirm you were not with the “government.”
Some highlights from the ProfitClicking Terms (italics added):
6. I affirm that I am not an employee or official of any government agency, nor am I acting on behalf of or collecting information for or on behalf of any government agency.
7. I affirm that I am not an employee, by contract or otherwise, of any media or research company, and I am not reading any of the PC pages in order to collect information for someone else.
22. It is your responsibility to check your payment system accounts to be sure you actually received all payments that you should have received. Because certain payments are made member to member in PC, the PC system cannot confirm that any payments between members were actually made.
24. In the event of a disagreement between two members regarding payments, it is the responsibility of the members involved to resolve the disagreement. The PC managers hold no responsibility at all in such scenarios.
Here’s one way to read the Terms: Either ProfitClicking or its affiliates can rip you off — and there’s not a damned thing you can do about it.
With Zeek’s Paul Burks confronting litigation on at least three fronts and with “John Does” being part of the mix, ProfitClicking’s words are just more HYIP drivel.
* ASD operator Andy Bowdoin was sentenced to 78 months in federal prison for his Ponzi scheme.
** Legisi operator Gregory McKnight faces sentencing Sept. 11 for his Ponzi scheme. Legisi pitchman Matt Gagnon, meanwhile, faces civil judgments in the millions of dollars, along with a criminal charge.
*** Pathway To Prosperity’s alleged operator Nicholas Smirnow is listed by INTERPOL as an international fugitive.