In order to make sure I was on the right track, I compared their contents examples from ex-employees, also on Aftermath and Ripoffreport, and to the Midtown Promotions ad that started this whole investigation...

Creative Mind Insights, Inc specializes in promotional advertising and event marketing for clients in the non-profit industries(D.A.R.E AMERICA AND TOYS FOR TOTS). We are seeking motivated and career minded individuals to develop into an Executive Manager; through all areas of advertising, marketing, sales, and executive client management. A large part of our success is due to our hands-on program, which focuses on developing management and customer service skills in a professional environment. We are looking to cross-train all qualified candidates from the ground up.

2. Stafford Business Solutions (HotJobs, Career Builder)

Growing Firm Looking for Hard Working CAREER MINDED Individuals: Stafford Business Solutions
View more jobs like this
Job ID 1
Company Name Stafford Business Solutions
Job Category Sales; Marketing
Location Philadelphia, PA Allentown, PA
Position Type Full-Time, Employee
Salary Unspecified
Experience 1-2 Years Experience
Date Posted March 1, 2007 (Reposted Jun 18)

Stafford Business Solutions
View Stafford Business Solutions profile and job listings
Apply Now: A Better Job Search Experience. Learn Why

entry level marketing, sales/marketing, entry level, full time, sales

Stafford Business Solutions, Inc. is currently offering positions at the entry level for sales and marketing.

We are expanding this year to four new locations. As we provide paid training and promote only from within, all individuals must begin by getting the sales experience needed to grow in the marketing industry. This position involves face to face sales to new customers. Therefore, all individuals must possess excellent communication skills, professionalism and integrity to be trusted with our client's business accounts. Once proving they have the basic communication and sales skills needed to move forward in the marketing industry, individuals will be trained in various other areas of management from meetings to human resources, finances, leadership and more.

All applicants must possess the following:
- Experience in a team or people related field.

- Great communication and analytical skills.
- Ability to excel in unsupervised solo assignments as well as team projects.
- The personality to thrive in a merit-based environment.

We are in search of candidates looking for a challenging career, not just a temporary job making a temporary paycheck. We will not hire someone if we do not see them growing within our company.

Entry-level account executives are responsible for the following:

- Meeting business clients to discuss current and new Business Accounts
- Assisting in the daily operation of a start-up company.
- Developing and implementing original training techniques to achieve

internal goals.
- Developing strong leadership skills to build a high performance, cross-

functional team environment.
- Managing external customers needs.
- Developing excellent verbal, written, and presentation skills.

If you possess these skills, please do not hesitate, we are looking to fill our openings as soon as possible.

Please email your responses to : hr@sbssolutionsinc.com (please cut and paste your resume) NO ATTACHMENTS!!

To expedite the process, you may also contact our human resource manager, Jessica, to schedule a preliminary interview with one of our hiring managers @ (610)-825-0210.

Proud Member of the Better Business Bureau

www.sbssolutionsinc.com

*Stafford Business Solutions, Inc. is an equal opportunity employer. We do not discriminate on the basis of race, creed, sex, or age. Compensation on pay for performance basis.

Keywords: Entry level sales, sales and marketing, entry level sales and marketing, team player, new grad, sales, entry level, sales rep, sales and marketing, sales, entry level sales, entry level, sales and marketing, entry level sales rep, entry level sales and marketing, sales and marketing, team player, sports-oriented, help wanted, new grad, Full-time, New grad, sales, sales, entry level sales, entry level, sales and marketing, entry level sales rep, entry level sales and marketing, sales and marketing, team player, sports-oriented, help wanted, new grad, Full-time, New grad, sales.

[Hotjobs]
[Career Builder]

3. Child Safety Enterprises Inc. (Career Builder)

Contact Information
Contact: vicky
Phone: 631-860-0232
Email: Send Email Now >>
Fax: Not Available
Ref ID: Not Available

* Posted: 5/27/2007
* Location: US-NY-Long Island
* Base Pay: $40,000.00 - $50,000.00 /Year
* Other Pay: bonuses and incentives
* Employee Type: Full-Time Employee
* Industry: Advertising Retail Public Relations
* Manages Others: Yes
* Job Type: Marketing Entry Level Training
* Req'd Education: High School
* Req'd Experience: At least 1 year(s)
* Req'd Travel: Up to 25%
* Relocation Covered: No
* Division: training

ENTRY LEVEL PAID SUMMER INTERNSHIPS AVAILABLE!

***STUDENT HOT LINE 631-860-0232 CALL NOW***

COLLEGE STUDENT?
COLLEGE GRADUATE?
SUMMER INTERNSHIPS AVAILABLE—-—INTERVIEW NOW, WHILE THEY LAST!

EARN WHILE YOU LEARN: SUMMER INTERNSHIPS AVAILABLE: MARKETING, PROMOTIONS, ADVERTISING, PUBLIC RELATIONS, TRAINING

CHILD SAFETY ENTERPRISES, INC.is New York's fastest growing promotional event marketing firm. With offices that recently expanded to Boston, Florida, and Texas, we are working with more national clients than ever. Due to our expanding client base, we are looking for ambitious and driven individuals with high-energy attitudes to join our team.

Our advertising and marketing firm is the leader in direct advertising and event marketing industry. We represent clients at sporting events, fairs, festivals, malls and major retail locations and department stores. Our portfolio includes national charities and non-profit organizations as well as the sporting and racing industries.

We currently have entry-level openings in:

# Promotions

# Event Marketing

# Sales and Public Relations

# Management

www.childsafetyent.com

To apply: Cut and paste your resume and email it to [Click here for email] NO ATTACHMENTS WILL BE OPENED!

For immediate consideration please call Colleen @ 631-860-0232

People from all backgrounds seeking full time opportunities or internships in the following areas are encouraged to inquire about our program: sales, customer service, part time, managers, accounting, marketing, clerical, management, public relations, human resources, driver, security, administrative assistant, purchasing, medical, administrative, receptionist, retail, maintenance, warehouse, sports teams, entry level, education, finance, director, telecommunications, real estate, training, engineering, insurance, data entry, project manager, information technology, part time, printing, technician, legal, automotive, teacher, winter, banking, analyst, nursing, restaurant, controller, network, public relations, environmental, nurse, design, quality, safety, secretary, office, assistant, hotel, accountant, account executive, vice president, medical assistant, transportation, supervisor, general, public relations, advertising, writer, fraternity, social services, finance, java, all, graphic, public relations, mba, holiday, office manager, sales manager, field representative, mortgage, social work, training, cms, attorney, research, payroll, oracle, executive assistant, paralegal, courier post, drivers, pharmaceutical, operations, president, web, help wanted, rn, advertising, law enforcement, auto cad, health care, executive, food, production, chef, sports oriented, cad, project management, tax, auto, editor, hospitality, hvac, training, team player, pharmaceutical sales, tourism, it, collections, spanish, unix, art, buyer, facilities, professional, mechanical, bartender, help desk, hospitality, travel, logistics, call center, truck driver, inventory, financial ,computers, communications, pharmacist, police, teaching, counselor, chemist, plant manager, ncaa, photography, promotional advertising, book keeper, medical sales, electrical engineer, health, trader, bilingual, business analyst, recruiter, junior executive, cfo, accounts payable, account manager, sports, sorority, cashier, financial, music, social worker, publishing, project, support, business development, lpn, welder, clerk, technical, quality assurance, promotional sales, government, distribution, secretarial, sales management, mental health, nanny, child care, registered nurse, cna, Japanese, technical support, administration, property manager, cook, shipping, pharmacy, coordinator, entertainment, management training, new grads.

***STUDENT HOT LINE 631-860-0232 CALL NOW***

[Career Builder]

4. Matrix Distribution, Inc. (Career Builder, Monster)

Must be an offshoot of Matrix Marketing on Michigan; while looking up Matrix Marketing, I came across this ad, which is almost, word for word, a copy of DS-Max ads by other companies.

Contact Information
Contact: Human Resources
Phone: 614-844-5976
Email: Send Email Now >>
Fax: 614-540-7445
instantly fax your resume >>
Ref ID: spt,mkt-178

* Posted: 6/15/2007
* Location: US-OH-Columbus
* Base Pay: N/A
* Employee Type: Full-Time Employee
* Industry: Advertising Public Relations Sales - Marketing
* Manages Others: Yes
* Job Type: Management Marketing
* Req'd Education: Not Specified
* Req'd Experience: None
* Req'd Travel: Up to 25%
* Relocation Covered: No

Marketing. Advertising. Public Relations. WORK WITH SPORTS MERCH
Company: Matrix Distribution, Inc.

Description: Marketing. Advertising. Public Relations.

Based in the Worthington area, Matrix Distribution is a promotional advertising/ marketing company that specializes in marketing for the consumer products industry. Setting up and expediting promotions for our clients is our main focus. This year, our success with our blue chip client base has lead us to increase our marketing and management team. We value innovation, leadership, growth potential and a positive attitude; we offer career opportunities and fun work environment.

MATRIX DISTRIBUTION is a marketing firm that strongly believes when people are excited about what they do, they are more productive. For that reason, we strive to create a fun atmosphere that is still conductive to learning. We represent top-notch clients and focus on bringing in new quality accounts for them. Over the last 2 years we have accumulated over 500 national clients. We are now evaluating candidates for an account management position to help oversee our client's expansion. Growth and compensation based on personal performance.

www.matrixdistinc.com

Account Managers are responsible for demographic research, client meetings, campaign meetings and ensuring the overall satisfaction of the client in regards to their campaign. No experience is necessary. The successful candidate is extremely articulated, competitive by nature, motivated to succeed and excels in a fast-paced, high-energy environment. All openings start out at the entry-level and are ideal for the recent college graduates, experienced marketing professionals and persons seeking a career change.

If you feel you fit the criteria email your r sum to ([Click here for email])
No Attachments - Copy and Paste resume

Qualified candidates will be contacted regarding an interview. For immediate consideration contact Human Resources at 614-844-5976.

Requirements
People from all backgrounds seeking part time or full time opportunities in the following areas are encouraged to inquire about our program: sales, customer service, part time, manager, accounting, marketing, clerical, management, sports marketing, advertising, computer, human resources, sports advertising, marketing manager, driver, security, product advertising, administrative assistant, marketing assistant, marketing sports promotions, manager, purchasing, sports merchandise, sports merchandising, marketing assistant, administrative, receptionist, retail, maintenance, warehouse, entry level, sports and recreation, education, product marketing, promotions, finance, director, public relations, telecommunications, real estate, advertising specialist, public relations specialist, sports, insurance, sports marketing, project manager, advertising assistant, information technology, promotional marketing, printing, technician, automotive, teacher, public relations, sports merchandise, sports merchandising, banking, analysis, nursing, controller, advertising manager, network, public relations, environmental, nurse, design, safety, Secretary, office, assistant, hotel, accountant, medical assistant, transportation, supervisor, General, advertising, social services, office manager, communications, sales, manager, mortgage, social work, training, executive assistant, hospitality, pharmaceutical sales, collections,

[CareerBuilder]
[Monster]

If you spot a multi-level-marketing scam ad online, report it to the job posting site and request a takedown. Check out this post on identifying these types of ads.It's really pathetic that these sites don't do more to police their postings. As if finding a job wasn't hard enough. It's a great disservice to job-seekers to have to wade through scam crap. And of course, DS-MAX affiliates are but the tip of the iceberg. There's many other scams floating through these sides readily apparent to anyone with basic reading comprehension abilities. — BRIAN FAIRBANKS

PREVIOUSLY: How To Spot A DS-MAX Style MLM Scam Job Ad
Our DS-MAX Thread
Our Undercover Investigation Into A DS-MAX Affiliated Company

Note: No definitive ties have been established between Midtown Promotions and DS-MAX/Innovage.

Name of company:
The easiest thing to do is to do a Google site search (query looks like "site: sitename.com businessname) on DSMAX The Aftermath, RipoffReport, or just plain Google to see if there's any complaints about the business.
Contact: Vicky
Ads often include a made-up female name so the company can track which ads are bringing in responses.
Phone: xxx-xxx-xxxx
Ref ID: Not Available
Yeah, cuz Vicki is all the ref they need.

* Posted: 6/3/2007
* Location: US-NY-Long Island
* Salary/Wage: 400.00 - 600.00 USD /week
Wide pay range is a strong early indicator of commission-only pay
* Other Pay: bonuses
Big red flags in an expensive career builder ad: n/a translates to no. Bonus pay translates to working Saturdays.
* Employee Type: Full-Time Employee
Don't let this throw you off the scent; just because you are full-time doesn't mean it's not DS-Max; remember DS-Max has a hard time understanding the difference between full-time and insane overworking.
* Industry: Advertising
May say marketing in some cases, warehouse in others.
* Manages Others: Yes
You bet your biscuits. It's all about graduating from sucker and building a team of suckers to work under you. Oh, goody! An extra $10 a day!
* Job Type: Entry Level
Can you fog a mirror? You're hired!
* Req'd Education: High School
See above.
* Req'd Experience: 1 to 7 years
The range is set here as broad as possible so as to attract the most potential queries.
* Req'd Travel: Up to 25%
Obviously an outright lie; one Ripoffreport reporter said that she was told "up to 75%" in the field, when she ended up in the field seven or more hours a day.
* Relocation Covered: No
They pay nothing except commissions. We have even heard many complaints, including from Wolfram.org, that DS-Max affiliates refuse to pay any travel costs, including gas and hotels for sales trips required by the company. These job-related expenses can severely cut into an already diminished pay.

Executing unique, professional, and effective marketing events throughout the Deer Park Area.
How blandly attractive. Note that they don't mention marketing above, although that's clearly what the job has something to do with.

Are you looking for a career in human resources, management, or marketing, but have little experience?
Wait, weren't you supposed to have somewhere up to 7 years?
Are you having a hard time getting your foot in the door with a successful, proven firm?
i.e. one with standards.
Do you want a chance to test your work ethic, drive and determination?
We'll give them that, working for DS-MAX affiliates tests the limits of one's human endurance. Just without much prospect of any tangible rewards
We may be just what you are looking for.

We currently have openings in:

HUMAN RESOURCES
EVENT MARKETING
SALES/PROMOTIONS
PUBLIC RELATIONS
CUSTOMER SERVICE
ENTRY-LEVEL MANAGEMENT TRAINING
All of this is bullshit; it's sales, plain and simple. The chockablock is just query-bait.

What we offer:

* UNPARALLELED WORK ENVIRONMENT
Hell is a close parallel.
* 100% PROMOTION FROM WITHIN
The definition of MLM
* DETAILED TRAINING AND COACHING
Brainwashing.
* OPPORTUNITY FOR TRAVEL
Make that, you will be traveling around town all day long.
* UNLIMITED GROWTH POTENTIAL WITH RAPID ADVANCEMENT
How far up the pyramid will you go? You have a 1 in 20 chance of making a living wage. Go for it!

STOP LOOKING AND START INTERVIEWING!!!

Child Safety Enterprises, Inc. has a work environment in which decisions are shared, not handed down. We have an intensive, hands-on training program in all areas. We have an opportunity for people to enjoy real responsibility from the start with no glass ceilings, where compensation and advancement are based on performance, not seniority!
Yeah, because it's all commission, you twits!

If you are looking for a challenge with fast-paced growth, an exciting atmosphere, and a team-oriented environment then respond IMMEDIATELY.
We are hiring this week!
We are only hiring five people. However, be one of the first 50,000 applicants and you'll be guaranteed a slot.
The openings are both limited and immediate.
We're hiring as soon as the morning meeting is over, so you can't be scared off by the chanting.

...For immediate consideration please call Vicky @ XXX-XXX-XXXX
Sure, but don't ask for her once you're hired. "Who? Vicky? Never heard of 'er."

Visit our website childsafetyent.com
Just don't visit http://childsafetyinc.blogspot.com/2007/04/scam-of-lifetime.html

Requirements
People from all backgrounds seeking part time or full-time opportunities in the following areas are encouraged to inquire about our program: sales, customer service, part time, manager, accounting, marketing, clerical, management, human resources, administrative assistant, purchasing, medical, administrative...
And on so on. In several of these examples, the ads actually list more than 100 types, just to draw in everyone who searches for those kinds of jobs. And I'm sorry: medical? Financial analyst?! Do they honestly think people with those backgrounds are going to apply for this vague job... and then after applying, actually get sucked in to the wonderful world of making $300+ a week for a Long Island cult club? Please.

No experience is necessary.
Whoever wrote my contracts wrote that sentence.

Some ads are harder to see through. If you didn't know Arbonne has been accused of being a Multi-Level Marketing scheme, you might not see the harm in a Craigslist posting that reads, "I sell airbonne pure swiss skin care for women and men. I am looking for business builders to join our team."

Any ads with references to "business builders" should be looked at carefully.

If the interview takes place in a warehouse

If any of these ads have tempted you, just remember the immortal words of former DS-Max employee Jay, of Cape Cod, MA: "Cydcor/DS Max and all of their corrupt managers/owners do not care about who they hurt or how many lives they ruin. Its all in a day's work for them."

If you've never heard of the company, Google it. Check it out on RipOffReport. Look at their website (if they have one). Is it professional, or does it look like some high-schooler crapped it out?

If you see an ad containing the qualities we describe, notify the job posting site that it may be a multi-level-marketing scam.

Let's face it. Times may be tough, it may be hard to get your foot in the door, but most jobs are still gotten through a friend of a friend, not through an online job site. Try working your personal connections, talking to friends and family members, and contacting your school's alumni network. It's much more organic and you're likely to achieve higher quality results. Plus, there's no shame in joining a temp agency if you're really hard up for work. — BRIAN FAIRBANKS

BACKSTORY: See our thread of DS-MAX related posts.

Note: No definitive ties have been established between Midtown Promotions and DS-MAX/Innovage.

Neither CPSC nor DS-MAX U.S.A. Inc. is aware of any injuries with the toy trucks.

The My Alphabetic Trucks, which cost about $5, were sold door-to-door, nationwide between August 1993 and June 1994.

The 12-inch truck is lacquered wood with red wheels and one or two non-removablewooden peg men in the front cab. Thirty wooden blocks with a picture on one side and a corresponding letter on the other are mounted to the truck's bed. A "MADE IN CHINA" sticker is located on the underside of the truck.

Consumers should take the truck away from children and discard or destroy the product. The firm is out of business and cannot be contacted.Googling "ds-max usa irvine california" brings up this joint. Wow, does that look like a warehouse on the edge of town or what? Classy. — BEN POPKEN

"My Alphabetic Truck" Recalled by Wholesale Warehousing [Findlaw]

....actually owns the trademarks for both DS-MAX AND Innovage.

Check the US Trademark Electronic Search System entries:

Innovage
DS-MAX
J.U.I.C.E.

An odd coincidence, considering the perverse series of emails Richard Shapero (pictured, left), Director of Nu-Life, sent in an attempt to squash our reporting and assert such distance between the present DS-MAX and Innovage/Old DS-MAX.

Nu-Life's ownership of J.U.I.C.E. is inconclusive, but readers may recall how in Brian's experience and research, Aftermax companies used "Juice," meaning, "Join Us In Creating Excitement," as a term of congratulations. — BEN POPKEN

(Photo: Profiles Of Success In Business [PDF])

PREVIOUSLY: DS-MAX Tries To Shut Down Our IDT-Energy Investigation

UPDATE: Gaby sends a final email to Richard...

Richard, I am simply not going to engage any further on this matter. Please have your lawyers contact me direct if you insist on continuing this, this conversation is getting us nowhere.

However, you should be aware that your perseverance in this matter has naturally led us to investigate your company further in order to find out exactly what all the facts are in this web of intrigue. And so it is a surprise to discover that Nu-Life is the owner of record of the the Innovage trademark:

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78937474

We of course now feel that it is important to provide this new piece of information for our readers in order to help clarify this complicated picture. It certainly muddies the waters concerning your attempts to distance yourself and DS-Max from the actions and practices of Innovage.

Perhaps we can stop this nonsense now and all get on with better things to do in our lives. We'll move on to other stuff soon enough; but this story will run and run as long as you give us continued incentive to investigate your claims.

Regards, Gaby

[ed Note: No definitive ties have been established between Midtown Promotions and DS-MAX/Innovage.]

• Scam of a lifetime
"We're helping the kids with the DARE program..."
• Piece of Atmosphere
"This type of business has been tagged with the nickname "corporate cult..." I didn't realize until I was knee-deep into it."
• Quantum Marketing, Charity & 'Events'
"What they don't tell you is that they only give the charity 20% on certain products, like the T-shirts and duffel bags, and supposedly the kids ids. This translates into roughly 5% or less of the overall proceeds..."

Scammy operations like Glen discusses lure in suckers to toil for 100% commission slave-work using big-name job-posting sites. If you're looking for a job this summer, look out. — BEN POPKEN

(Photo: scragz)

While reporting the results of our undercover investigation into IDT-Energy through one of their marketing outfits, a battle waged in the background between us and the current owners of the DS-MAX trademark.

This is our favorite part:

WE ALL SOMETIMES STRETCH MORALS FOR ACCOMPLISHING THE GOAL. IT IS NOT RIGHT IN THE EYES OF GOD, BUT MAN'S LAWS DO STRETCH SOMETIMES TO ACCOMPLISH A GOAL. THE GOAL MAYBE GREED BUT WE ALL SOMETIMES DO IT. IT IS REALITY.

Maybe they should write about Hungary, although we think the editors wouldn't survive how they handle criticism. At least N.A. you can say what you want and not get shot...

It is the individual corporation like Midtown that does the action....Something like Hitler and Nazi Germany, as we probably can both relate.

In our opinion, the old DS-MAX name was getting too hot so its owners decided to do a little brandwashing. — BEN POPKEN

"Richard(office)" richard@activegroup.com
to ben@consumerist.com
date May 31, 2007 8:30 AM
subject re: http://consumerist.com/consumer/investigations/consumerist-undercover-at-idt-energy-day-one-264628.php

Gentlemen: Re the attached link http://consumerist.com/consumer/investigations/consumerist-undercover-at-idt-energy-day-one-264628.php

We wonder if you may be so kind as to correct any references to DS-MAX.

This corporate name, trade mark, trade name and logo is no longer the same organization.

Through legal agreement, we have obtained the full rights and do not have an organization that you refer to.

They have changed their name to Innovage, and therefore your reporter's reference is erroneous and damaging.

As of October 2006, this agreement was finalized.

We would appreciate a correction, in order that dilution and adverse reference is not attached to this corporate name.

Respectfully yours

Nu-Life Inc.

Richard Shapero

Director

—-

Ben Popken ben@consumerist.com
to richard@activegroup.com
date May 31, 2007 8:55 AM
subject Re: http://consumerist.com/consumer/investigations/consumerist-undercover-at-idt-energy-day-one-264628.php

There's no false statements of fact. The post stands. I'll add a note about the name changes and sale, though.

—
BEN POPKEN
EDITOR
CONSUMERIST.COM
ben@consumerist.com
AIM: benpopken
718-306-9088

—-

Richard(office)" richard@activegroup.com
reply-to richard@activegroup.com
to Ben Popken ben@consumerist.com
date May 31, 2007 10:18 AM

Thank you. We are not questioning false statements, merely the company you refer to at the time of your posting does not refer to ours.

As of October 2006 DS-MAX was no longer permitted to represent themselves as DS-MAX and as of April 07, 2007, the name was officially transferred to us for our exclusive use. Therefore, we are tied into what ever actions they have done, yet innocent.

October 2006

11. DS-Max International and DS-Max Canada may continue to use their respective corporate names, namely "DS-Max International Inc." and "DS-Max Canada Inc." for one year following the Date of this Settlement Agreement, but only as corporate identifiers, and not to market any services or goods in association with those names; and after one year following the Date of this Settlement Agreement, the Innovage Parties shall transfer all rights in and to the corporate names DS-Max International and DS-Max Canada to Nu-Life or such other entity as designated in writing by Shapero, but the Innovage Parties shall use their reasonable best efforts to complete such transfer within six months of the Date of this Settlement Agreement.

January 2007

11. DS-Max International and DS-Max Canada may continue to use their respective corporate names, namely, DS-Max International Inc. and DS-Max Canada Inc. until April 7, 2007. On or before April 7, 2007, each of such corporations shall either terminate its existence or change its name to a name which does not include the words "DS-Max" or "DSMax" or to a term confusingly similar to the terms "DS-Max" or "DSMax".

As you can see DS-MAX no longer trades as DS-MAX as of October 2006, and terminates as of April 2007. We have registered trade names, trade marks and logo.

Although we understand your right to report, we only ask for accuracy in that we are not tainted by their reputation of the past.

Respectfully yours and thanks,

Nu-Life Inc.

Richard Shapero

—-

Ben Popken ben@consumerist.com
to richard@activegroup.com
date May 31, 2007 10:09 AM

Right, understood, but the reporter is merely saying that when he read about Midtown, people talked about it being connected to DS-Max. And when he looked up DS-Max, various things were described. So that's all that's being said, and those are accurate statements. The clauses you cite don't impinge on our ability to describe the nature of what was once called DS-MAX. Surely you were aware of DS-MAX's reputation before buying them.

—-

Ben Popken ben@consumerist.com
to Brian Fairbanks
date May 31, 2007 10:14 AM

Yeah, his site looks 100% sketch. A curious turn. Welcome to the rabbit hole!

Here's the WHOIS info for activegroup.com . Hmm, looks like they're based in Toronto, where DS-MAX was started.

Registrant: Make this info private
Active Customs Brokers Ltd.
645 King St W. #600
Toronto, ON
CA

Domain Name: ACTIVEGROUP.COM

Administrative Contact :
Shapero, Richard
admin@ACTIVEGROUP.COM
645 King St W. #600
Toronto, ON M5V 1M5,
CA
Phone: (416) 504-6227

Technical Contact :
Foster, Carl
cfoster@GERONIMOGROUP.COM
2350 Dundas St. West
Suite 701 Toronto, ON M6P 4B1,
CA
Phone: (416)538-3129
Fax: (416)533-0586

Record expires on 12-Feb-2010
Record created on 11-Feb-1996
Database last updated on 15-Jun-2006

—-

Richard(office)" richard@activegroup.com
to Ben Popken ben@consumerist.com
date May 31, 2007 8:10 PM

We were aware of DS-MAX. Midtown were instructed by Innovage not to refer their organization as DS-MAX as it was conditions of our agreement.

When was this interview? Who were the persons representing Midtown. If after October 2006, then DS-MAX has breached their agreement by not issuing firm statements about the cessation of the corporate name.

eing aware of some of DS-MAX reputation, we were aware of. They are however a multi billion dollar corporation, we understand and there is goodwill with the name.

Not all of DS-MAX (the old one is negative), as they are successful. This MLM appears to have some bad apples in them, but it is a MLM with Independent contractors.

We saw the opportunity to obtain the name, trade mark and then take it either with a "good" DS-MAX or use it for another branding (Dollar Store Maximum???). We saw benefit and yes knew there is some negativity with it. Even tried appealing to DSMAXtheaftermath to start a NEW organization, using their experience to make something that would be in line with correcting the bad. They simply want to complain not create.

Understand your position but think you understand ours. DS-MAX is no longer a name connected with the people you refer and it is a written agreement. If Midtown says this, then it is not correct and certainly not with Innovage's blessing. All contracts, agreements were to be changed. Yes Innovage could be breaching and you could be correct or accurate in reporting what Midtown said, but this also leads to us going back to Innovage and going after them for breach.

We win either way... J

Regards

Richard Shapero

—-

Ben Popken ben@consumerist.com
to richard@activegroup.com
date May 31, 2007 11:36 PM

You may have misread. Midtown never referred to themselves as DS-MAX. Other reports talking about Midtown said it behaved like what they conceived of as a DS-MAX affiliate. That's the information we're relaying, that there are reports and they said such and such.

What's the correct URL for Nu-Life? There seem to be some variations out there and I can't tell which is correct.

—-

"Richard(office)" richard@activegroup.com
to Ben Popken ben@consumerist.com
date Jun 1, 2007 9:06 AM

Nu-Life is one of our holding companies, we do not have a website. We will be developing dsmax.com etc., for our decided application using the mark. We have the world trade mark for consumer items and have not decided which way to go. We also have the mark for dsmax, so in essence there will be no confusion.

Still interested, when Midtown people talked about it being connected to DS-MAX. As of October 2006, they should have talked about being connected to Innovage, so DS-MAX's name starts to vanish in the association with this MLM

We were aware of DS-MAX. The reputation, questionably may be the individual corporations, not the actual corporation DS-MAX. When you review the corporation, they appear quite clean, as they do not sell or represent the product or service. It is the individual corporation like Midtown that does the action. Some attempt to present DS-MAX as training them to do so, rather like twisting their arm. If it was so clear then they would be charged.

Something like Hitler and Nazi Germany, as we probably can both relate. Did Hitler do everything or in fact did the Germans want to do what they did and said Hitler told them to. Take out the threat of death element, was it all Hitler or a desire of the people? Not quite a great example but it does give a thought.

All MLM's have a certain blueprint, so they must all have the same mannerisms.

Regards

Richard

—-

Ben Popken ben@consumerist.com
to richard@activegroup.com
date Jun 1, 2007 5:10 PM

* Let me make this very clear: no one at Midtown said DS-MAX. We read that in complaints found online. That's called "following up on leads," something you, being a salesman can relate to. Part of our story is about that process.

* I'm curious as to who were the exact people at Innovage who signed the other part of the trademark change of ownership contract.

* I guess people got that impression about the DS-Max network because the original DS-MAX (now called Innovage) people trained managers, who then opened offices using the methods of running a business they learned. Then they trained new managers in the same methods who then went on to open their own offices, and so on and so forth, like a virus. Presumably, these tactics were also reinforced at the DS-MAX rallies and conventions. Sure, the whole individual offices system is very clever and creates plausible deniability, but that's mainly useful for avoiding legal entanglement. A discerning reader, however, can see the connections.

* Interesting point about Hitler and the Nazis. The same can be said about Stalin and the Russians. I think when you create a system of rewards and punishment, and then apply it to a vulnerable set of people, and deploy propaganda and brainwashing techniques against them, curious things can happen. In Adolph and Josef's case, millions upon millions of people were murdered.

—-

"Richard(office)" richard@activegroup.com
to Ben Popken ben@consumerist.com
date Jun 2, 2007 1:14 AM

* Let me make this very clear: no one at Midtown said DS-MAX. We read that in complaints found online. That's called "following up on leads," something you, being a salesman can relate to. Part of our story is about that process.

CURIOUS WHAT DATES WERE QUOTED.

* I'm curious as to who were the exact people at Innovage who signed the other part of the trademark change of ownership contract.

WITHOUT PREJUDICE, THE PRINCIPLES....TOP GUNS OF DS-MAX...ALL IS VERY LEGAL AND BINDING.

* I guess people got that impression about the DS-Max network because the original DS-MAX (now called Innovage) people trained managers, who then opened offices using the methods of running a business they learned. Then they trained new managers in the same methods who then went on to open their own offices, and so on and so forth, like a virus. Presumably, these tactics were also reinforced at the DS-MAX rallies and conventions. Sure, the whole individual offices system is very clever and creates plausible deniability, but that's mainly useful for avoiding legal entanglement. A discerning reader, however, can see the connections.

IN OUR INVESTIGATION, TRAINING MOTIVATION WAS MADE, BUT INDIVIDUALS USED THIS PLUS THEIR OWN METHODS TO OBTAIN. THE CANDIDATES ARE YOUNG. SEX, DRUGS, FREE THINKING OF YOUTH WITH IMMORTAL IDEOLOGY OF YOUTH TO SCREW THE "OLD SYSTEM" (THEY KNOW NOTHING) (PS I WAS A PRODUCT OF THE 60'S). VERY INTERESTING SYSTEM OF CONSIGNMENT WITH YOUTH. IT GETS OUT OF HAND, AND YES METHODS ARE DISMISSED IF HEAD OFFICE GETS NUMBERS IN SALES.

* Interesting point about Hitler and the Nazis. The same can be said about Stalin and the Russians. I think when you create a system of rewards and punishment, and then apply it to a vulnerable set of people, and deploy propaganda and brainwashing techniques against them, curious things can happen. In Adolph and Josef's case, millions upon millions of people were murdered.

WE TOTALLY AGREE, BUT THE PEOPLE THEMSELVES FOR WHATEVER REASON ARE WANTING TO BE VULNERABLE. EITHER POOR STANDARD OF LIVING, IMMIGRATION, THE HOME BOYS NOT WANTING TO WORK, BUT HATE FOREIGN PEOPLES WANTING TO WORK. EACH EXAMPLE HAS A REASON WHY IT HAPPENED, AND YES THERE WAS A LEADER, BUT THE MASSES WANTED TO CHANGE AND HUBRIS IS THE DEFEAT OF ANY SUCCESS. SOMETIMES YOU CAN MAKE MONEY, BUT NOT THE PERFECT SOCIETY OR ORGANIZATION AS IMPERFECTION IS INHERENT IN MAN'S PERSONA ALTHOUGH EGO AND GREED MASK IT. MARXISM WAS TO BE ENGLAND, NOT RUSSIA, NAZISM WAS TO BE AUSTRIA, NOT GERMANY. STRONG ECONOMIC POWERS WERE TO ADOPT THESE SOCIALISTIC, IDEOLOGY OF EQUALITY, YET ALL HAD TO APPEAL TO THE MASSES, ROB THE RICH, POWERFUL MINORITY. UGANDA, TANZANIA, RHODESIA, EASTERN BLOCK CHANGE FROM COMMUNISM TO CAPITALISM, AND EVENTUALLY CHINA WILL SHOW THE SAME. MAN IS GREEDY, RELIGION USES FEAR OF SOMETHING BEYOND MAN'S CONTROL, GOVERNMENTS CONTROL THE NATURAL INSTINCT OF MAN TO SELF SATISFY, AND EVEN MLM TURN CORRUPT. PEOPLE AT THE TOP WANT ALL, AND ALL THROUGH THE SYSTEM AT EVERY LEVEL, EVERYONE IS OUT FOR THEMSELVES. A BLIND EYE IS USED WHEN THE BOTTOM LINE IS SUCCESSFUL. IN YOUR BUSINESS, IF INFORMATION IS OBTAINED BY SORTING THROUGH GARBAGE AND IT ISN'T ILLEGAL, IT'S ACCEPTABLE AND CONSIDERED ACCEPTABLE, BUT MORALLY IT IS NOT RIGHT. WE ALL SOMETIMES STRETCH MORALS FOR ACCOMPLISHING THE GOAL. IT IS NOT RIGHT IN THE EYES OF GOD, BUT MAN'S LAWS DO STRETCH SOMETIMES TO ACCOMPLISH A GOAL. THE GOAL MAYBE GREED BUT WE ALL SOMETIMES DO IT. IT IS REALITY. WE WISH THE WORLD WAS PERFECT AND ALL BLAMELESS, BUT SOMETIMES WE LOVE THE OLD ADDAGE ....WHEN YOU POINT A FINGER, REMEMBER ONE IS FORWARD AND FOUR POINT BACKWARDS. BUSINESS SOMETIMES IS LOOKING AT A SITUATION THROUGH DIFFERENT ENDS OF THE TELESCOPE.

* WE BELIEVE THAT THE IDEAL OF DS-MAX IS CORRECT, BUT HOW PEOPLE OBTAIN SUCCESS AND USE OTHERS IS NOT. ALL BUSINESSES THAT HAVE OWNERS VERSUS WORKERS, DO USE PEOPLE TO OBTAIN SUCCESS. WE DON'T CARE WHAT BUSINESS...THAT IS PART OF A CAPITALISTIC SOCIETY AND YES IT HAS BOUNDARIES. SOMETIMES PEOPLE STRETCH THEM. SOMETIMES BOTH ON THE TOP AND ON THE BOTTOM. REALLY HOW MUCH DOES DS-MAX DO ILLEGAL, OR DO THEY EXPLOIT PEOPLE BY INSTILLING FALSE SUCCESS AND DREAMS, AND THEN IT CARRIES ON ALL THE WAY DOWN THE LINE. A SNOWBALL EFFECT OF GREED.

* HOW DO YOU PROTECT YOURSELF WHEN YOU ARE AT THE TOP OF THE LINE. EVEN THE CHURCH HAS IT'S OWN CORRUPTION. IN THE NAME OF GOD, SOME PRIESTS ARE PLAYING WITH CHILDREN, STEALING FUNDS, HAVING SEX. IS THE POPE RESPONSIBLE?...HOW MUCH DOES HE KNOW OR THINKS HE KNOWS? HOW MANY HAVE BEEN HURT IN THE NAME OF GOD.

* WE OBTAINED DS-MAX EVEN THOUGH WE KNEW THERE WAS NEGATIVE, BUT IT DOES HAVE A WORLDWIDE NAME. THE QUESTION IS, CAN THE KNOWLEDGE OF THE NAME, THE PAST USE OF IT, BE TURNED INTO SUCCESS IN ONE WAY OR ANOTHER. DS-MAX CAN STAND FOR MANY THINGS. WE THOUGHT OF DSMAX (DATA STORAGE MAXIMUM/DIGITAL SYSTEM MAXIMUM,/DOLLAR STORE MAXIMUM) BY OBTAINING THE NAME, RIGHTS, HISTORICAL USE AND TRADEMARKS WE ELIMINATE OTHERS FROM INFRINGEMENT AND PASSING OFF, TO EVENTUALLY LAUNCH SOMETHING, SOMEWHERE, WITH THE DUCKS IN ORDER, SO INFRINGEMENT CAN BE LEGALLY DEFENDED. DS-MAX CAN BE PROTECTED LIKE SONY OR IBM OR DELL'S NAME.

* WE TRIED APPEALING TO THE AFTERMATH PEOPLE AND THEY JUST WANTED TO BASH. UNHAPPY PEOPLE, BURNED IN THE ORGANIZATION, WITH NOTHING BUT NEGATIVE. WE ASKED IF THEY WANTED TO HELP CREATE THE SYSTEM IN THE RIGHT WAY BUT NO TAKERS. ONLY BASHERS. LIFE'S SUCCESS IS BASED ON POSITIVE ACTION NOT NEGATIVE. YET IF YOU ASKED ALL THESE PEOPLE WHAT THEY DID, WE ARE SURE THEY WERE PART OF THE DRUG, SEX, SCANDAL, SCREW THE DUMMIES, LIFE AND ENJOYED IT, UNTIL THEY GREW UP AND REALIZED THEY WERE GOING NO WHERE. YOUTH DOES THAT IN ALL OF US, UNLESS WE WERE NERDS DURING THAT TIME. REBELLION IS PART OF YOUTH, ALL KNOWING, BIG EGO AND GOING TO FIX THE SCREWED UP WORLD. YOUTH IS BLACK AND WHITE WITH NO GRAY. GROWING UP, REALIZES MOST OF LIFE IS GRAY AND BLACK AND WHITE IS LESS AND LESS. DS-MAX PLAYS ON YOUTH TO SELL PRODUCT BASED ON DREAMS YOUTH CAN CONQUER ALL FOR THE ULTIMATE GOAL OF MONETARY SUCCESS. ALL MLM'S PROFESS THAT. MOTIVATORS PROFESS THAT TO FIRE UP PEOPLE. DS-MAX DOES IT TO SELL A CALCULATOR. DON'T YOU THINK THE INDIVIDUALS KNOW THEY SHOULD HAVE CERTAIN LICENCES, PERMITS, ETC., YET THEY ABUSE THAT. DON'T YOU THINK THEY KNOW THEY HAVE TO PAY TAXES. THEY ALL PLAY A GAME FOR THEIR OWN BENEFIT AND THEN POINT A FINGER AT OTHERS FOR BEING WRONG.

* PLEASE KEEP THIS BETWEEN US, AS WE THOUGHT WE WOULD CONVEY OUR THOUGHTS OF WHAT THE COMPLAINT IS. COPS ARE ON THE TAKE, THE CHURCH IS CORRUPT, YOU SOMETIMES GET INFORMATION VIA A ROUTE THAT IS NOT ALWAYS ABOVE MORALS BUT WE ALL DO IT AND YES IT IS NOT RIGHT, BUT WE ALL WANT TO FEED OUR FAMILIES AND OUR DREAMS.

* REGARDS
* RICHARD SHAPERO

—-

Richard(office)" richard@activegroup.com
to Ben Popken ben@consumerist.com
date Jun 2, 2007 8:14 PM

Funny how we have advised you of our position, and just recently your article after our disclosure, has now posted the exact logo we own, and we don't know of anywhere on the internet you could find the logo.

http://www.consumerist.com/consumer/ds_max/

Could you explain, where you are finding the logo that is not permitted and why it looks so similar?

http://tess2.uspto.gov/bin/showfield?f=doc&state=7il50g.2.2

We are quite puzzled, how the name DS-MAX seems to be more used and we had hoped it would be contained.

Are we inciting you, or have offended you to develop the name DS-MAX more in an adverse manner?

Regards

Richard Shapero

—

Ben Popken ben@consumerist.com
to richard@activegroup.com
cc legal@gawker.com,
date Jun 3, 2007 10:50 AM

Richard,

Just because the USSR split into the Commonwealth of Independent States doesn't mean you can't use the hammer and sickle to illustrate the Soviet Union.

I never gave you off the record status, nor see a compelling reason to do so, so I cannot promise we will fulfill your request at the end of your previous email to "keep this between us."

I'm happy to continue to talk with you about MLM, DS-MAX, and even WWII history. However, I do not recognize your claims of alleged adverse development, and if you wish to develop further discussion along those lines, you can contact our lawyers at legal@gawker.com.

—-

Richard(office)" richard@activegroup.com
to Ben Popken ben@consumerist.com
date Jun 3, 2007 9:28 PM

If you made an agreement under legal counsel with the USSR to use the hammer and sickle and they no longer could use, plus the Name USSR, then the Soviet Union could only call themselves the Soviet Union and not use the hammer and sickle.

Of the record is quite mute, with your interpretation of political and possibly poetic license.

Who is gawker.com and are you affiliated with them?

Do you have the specific lawyer's names, so our counsel can contact them. We would appreciate specifics on your company Name and Address, together with theirs.

Consumerist and Gawker both appear to be Hungarian. Is this why you used the USSR analogy?

It appears there is no address other than e-mail with contact. Is this the address of Gawker Media, who controls your content.

Gawker Media
76 Crosby
New York, NY 10012
(212) 655-9524

The domain names seem to be held by non Americans, although Gawker Media appears to be US. Maybe they should write about Hungary, although we think the editors wouldn't survive how they handle criticism. At least N.A. you can say what you want and not get shot... J I think Gawker somewhere says everything is anomynous unless you want your name posted. Does that apply throughout all their divisions????

Regards

Richard

Gawker.com appears to be:

Administrative Contact:
Attila Talos (NIC-14521774) BLOGWIRE HUNGARY SZELLEMI ALKOTAST HASZNOSITO KFT.
Frankel Leo u. 106-108. Budapest - 1023 HU
domains@gawker.com +36.12126559524 Fax- -
Technical Contact, Zone Contact:
Attila Talos (NIC-14521774) BLOGWIRE HUNGARY SZELLEMI ALKOTAST HASZNOSITO KFT.
Frankel Leo u. 106-108. Budapest - 1023 HU
domains@gawker.com +36.12126559524 Fax-

Consumerist.com appears to be:

Administrative Contact:
Attila Talos
(NIC-14521774)
BLOGWIRE HUNGARY SZELLEMI ALKOTAST HASZNOSITO KFT.
Frankel Leo u. 106-108. Budapest
-
1023 HU
domains@gawker.com +36.12126559524 Fax- -
Technical Contact, Zone Contact:
Attila Talos
(NIC-14521774)
BLOGWIRE HUNGARY SZELLEMI ALKOTAST HASZNOSITO KFT.
Frankel Leo u. 106-108. Budapest
-
1023 HU
domains@gawker.com +36.12126559524 Fax- -

—-

Ben Popken ben@consumerist.com
to richard@activegroup.com
date Jun 4, 2007 4:37 PM

Richard,

Email legal@gawker.com and you will receive a response.

—-

Richard(office)" richard@activegroup.com
to Ben Popken ben@consumerist.com,
lega@gawker.com,
rdas@berkowcohen.com,
Jack Smugler
date Jun 4, 2007 9:44 PM

Ben:

Thank you, but my counsel does not write to e-mails without an address. It is not normal, professional protocol.

If you would be so kind as to confirm the address we gave you it would be complete.

We have c.c.'d our litigation team to prepare our reply, in order that we don't have a p*ssing match over this.

We believe you are entitled to freedom of information, but have been advised that your references to DS-MAX after the date of October 2006, are not valid

And the information you have is not accurate. Some of your information, appears to have been developed since 2004, so we are not aware if Midtown even exists today, or the information you have obtained is current or dated.

We wish to address the appropriate party and not deal with a moving target. We presume you are a legitimate information bureau and part of Gawker Media of New York.

We wish that your information is not diluting the value of our asset, while attempting to address a MLM called Innovage Inc.

Regards

Richard Shapero
Nu-Life Inc.
DS-MAX Inc.
DS-MAX International Inc.

DS-MAX Canada Inc.

—-

Gaby Darbyshire
to richard@activegroup.com
cc Ben Popken ben@consumerist.com
date Jun 5, 2007 11:52 AM
subject DS-Max

Dear Mr Shapero,

Ben has forwarded me all of your correspondence. I handle legal matters for Consumerist, and I have reviewed the matter in hand.

I am not sure what it is that you think we have done that is in breach of the law. It is fair use for us to use a trademark to describe its user, even a former user: it's common practice to illustrate stories about companies with their logos. There is simply no basis for a claim against someone who refers truthfully to a former use of a trademark, even if the current holder of the mark wishes to distance himself from that use. Particularly where the use is in the context of news reporting, rather than competition; I can thus see no valid objection to Ben's posts.

If you bought a trademark with baggage, I'm sorry, but that is not a legitimate reason for us not to report on a valid story using the principles of free speech enshrined in this fair country's constitution. I'm afraid that in the circumstances, we are not prepared to remove any of the material in question.
You must of course proceed as you see fit, but as a matter of common sense, I am sure you must know that news stories tend to become old pretty quickly if they are not given legs.

Best regards,

Gaby Darbyshire

—-

from: "Richard\(office\)" richard@activegroup.com
Date: June 6, 2007 12:57:00 AM EDT
To: "'Gaby Darbyshire'" "'Ranjan Das'" rdas@berkowcohen.com

Dear Ms. Darbyshire:

Thank you for your e-mail of the 5th instant, contents of which are duly noted.

While we agreed with much of what you say, to report a matter that occurred in 2006, and your undercover reporter, "apparently" in 2007, uncovers a breach of agreement between ourselves and Innovage. With all due respect, it is very important to be accurate. Without accuracy it is of no importance to the public, yet damaging to our company.

We have requested from Ben Popken, if the company still exists and the advised him of the existence of an agreement to the rights of the name and mark, together with excerps of agreement and trademark holder as of October 2006 and 2007.

If you are accurate, then DS-MAX (Now Innovage) is in violation of the agreement. If you are inaccurate, then you are in violation of presenting inaccurate and false information.

To bring up this issue, years after, and quote some representative as knowing the actions are DS-MAX is inaccurate and damaging. You, or should we say, Gawker Media, Consumerist, have a fiduciary duty to report accurately. Failing to do so, is in our opinion a breach of the law. Reporting accurately, is a witness to a breach of agreement between Innovage and ourselves. Which is it?

While we have enjoyed the banter with your colleague, our purpose was in attempt for Ben to report accurately. We do appreciate one mention of DS-MAX referred to as Innovage Inc..

Presuming you have not studied the corporate relationship and contracts, of Midtown, with DS-MAX and IDT, we find it hard to accept the report as accurate but would appreciate you clarifying, in order that we may proceed against Innovage for breach, with you as witness.

We would appreciate your advising us of exactly when your people were advised of DS-MAX as the culprit, or alternatively correct and cease referring to DS-MAX.

As we used a Germany/Nazi reference to Ben, we simply would like you to refer to the correct company. Today you refer to Germans as Germans. To refer them to Nazi's was what German were, not now and inaccurate reference does them no justice. Hungarians are Hungarians now, not Communists as they were before. It would be only fair and accurate to refer to what you are talking about at the time you are talking. Innovage is today, Germans are today and Hungarians are today, not DS-MAX, Nazi's and Communists. The past is the past and present situations should reflect accuracy.

As a question, are you actually legal counsel under the Bar of New York State, or only a representative? If not, we would appreciate being directed to your legal counsel, in order that our counsel can continue with them directly.

Although, you state this article will eventually disappear, unfortunately, the internet will retain this information, unless you remove this from your archives and lose the link. It will continue to effect the name DS-MAX, unjustly due to inaccuracy.

Regards

Richard Shapero

—-

From: Gaby Darbyshire
Date: June 7, 2007 11:13:14 AM EDT
To: richard@activegroup.com
Subject: Re: DS-Max

Richard,

Once again, it is simply not our problem that you chose to purchase the brand name and mark of a company about which there is a lot of factual, undisputed, adverse material in the public domain. So, DS-Max became Innovage. The renaming of a company doesn't affect the right of journalists to comment and report on the actions of the company as it was, and as it now is: it's the same company, doing the same things it always did. We have clearly stated in the article that DS-Max became Innovage. It *is* the same company. We can't not refer to DS-Max, which is a well-known entity, or our coverage would make no sense, because Innovage did not exist at the time of the actions referred to. Whether or not Innovage and the new DS-Max (your company) are in fact still associated is a matter we have not yet addressed, but we would have every right to do so. That is called investigative journalism, and that's what we do. But that is not currently the focus of our coverage.

Nonetheless, as a matter of courtesy, we have edited the piece to make it clear throughout that we are referring to the old DS-Max (now Innovage).

Other than this, we are simply not going to change our coverage. You should consult your lawyers. I am certain that they will tell you that we are not breaking any laws in reporting as we are.

Best regards,

Gaby

—-

From: "Richard\(office\)" richard@activegroup.com
Date: June 8, 2007 12:01:51 AM EDT
To: "'Gaby Darbyshire'", "'Ranjan Das'" rdas@berkowcohen.com
Subject: RE: DS-Max

Thank you for your information, and thank you, as a matter of courtesy, edited the piece to make it clear.

Please be assured, that our company and Innovage ARE NOT associated in any manner and legal documentation is quite clear about this.

We can understand your comments about DS-MAX becoming Innovage, the right of journalists to comment and report and you can not refer to Innovage, as your coverage would make no sense.

However, if the independent company, Midtown, which is not a subsidiary of DS-MAX, tells you they are affiliated with DS-MAX, and our agreement controls reference to the name of DS-MAX, on and after October 6, 2006, there is some breach of use of the name. If the information you receive is erroneous, and you ignore our advices of such error, you continuing developing a story, is in essence improper reporting, with knowledge that the information is incorrect.

If, finally, in the end, you discover that your report using Midtown information is quite factually wrong about impropriety of a company, whether you call it DS-MAX or Innovage, and Midtown's actions are not attributable to DS-MAX or Innovage, you do have a sticky wicket, in that, firstly the content of your report is erroneous and damaging to Innovage and secondly, totally damaging to us DS-MAX, with full knowledge that not only has your source given you poor information, but also one of the parties has advised you of effective dates, and separation of the company name DS-MAX.

You are of course, permitting to publish whatever you wish, but do have a possible liability from both Innovage and ourselves, for two different reasons.

Magazines are sued for misinformation on a daily basis, and some do have to pay for there erroneous, damaging information. We believe we have provided you with sufficient information as to the dates of application of the name, usage and rights of the independent parties DS-MAX (us) and INNOVAGE. At the same time, we have advised you, that Innovage, formerly DS-MAX is not related legally to Midtown, and contracts exists as we believe separating these companies. Under contract law, sub contractors and contractors do have limited liability and responsibility.

From our limited knowledge, these independent companies and Innovage, have been attempted to be married for decades without legal satisfaction or precidenct.

Certain reference areas, such as DSMAXtheaftermath, Ripoff Report, etc., are in themselves quite questionable, and a moving target, that no one can serve legal service. You, however are more like a bona fide Inquiry or Star type reporting source, that is not a moving target and appear to have assets.

This is our opinion, and believe concurred by our legal counsel, as unlimited rights are not yours, and have a responsibility to report accurately.

Again, we ask if you are legal counsel for the company and qualified to represent them. We do not wish to have any misunderstanding and direct our legal counsel's instructions to the proper areas, being able to quote statements as representation of the company.

For your information, Rippoff report has the following questionable standard that we believe places a cloud of doubt to their ligitimacy.

http://www.klaasdevriesjr.nl/k-files/talentrock/Bureau%20of%20Ethical%20Internet%20Commerce%20(BEIC)%20050310.htm
http://www.ezripofflawsuit.com/
http://www.bad-business-rip-off.com/
http://www.bad-business-rip-off.com/wsvnvideo.html
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/07-25-2003/0001989115&EDATE=
http://www.goodbusinessbureau.com/absconded.html
http://www.goodbusinessbureau.com/rap1.html
http://www.goodbusinessbureau.com/rap2.html
http://www.goodbusinessbureau.com/rap4.html

In reference to the people of DSMAXtheaftermath, we believe that a great many of them, knowingly worked illegally with many of the subcontractors, none worked for DS-MAX (Innovage) directly and many never paid US income tax or properly filed returns. Federal offenses, we believe.

Wofram appears to have a disclaimer. What is a DS-MAX sales associate?

http://wolfram.org/eric/ This is your author and disclaimer.

The content of this Ds-Max information was written by an ex Ds-Max sales associate who asked me to publish the information on my web site. We hope that others will find the information that they need to make informed decisions. The author asked that his or her name be withheld. If you have any questions, additions or suggestions, please feel free to ask Eric.

Note the points were some of Richard's paragraphs are signed "J..." Those could possibly be places where Richard cut and pasted from Jack Smugler's emails. In the original email, these parts are indented and use a different font, potential evidence of a cut-and-paste.

There's definitely fun to be had by looking up each of the party's addresses via WHOIS, as well as then address in the trademark office listing, and then Googling to see what turns up.]

UPDATE: Even more gobblydeegook!

—-

From: "Richard\(office\)"
Date: June 12, 2007 11:15:51 PM EDT
To: "'Gaby Darbyshire'", "'Ranjan Das'" , "'Jack Smugler'"
Subject: RE: DS-Max

Thank you for your information. We will pass this on to our litigators (barristers) as you being the contact. Will you accept service for the company, and would appreciate the full name and address for such service?

As we worked many decades ago in the UK, and Canadian law is similar to British, we are aware of the limits of a barrister, versus solicitor, the most famous of which we directly dealt with was Sir

We will reserve the right to comment on your opinion of liability and what your company can and can not represent in your article. As we have obtained all rights to the trade name and trade mark, including interest and power to defend, we wonder if the source of information, if inaccurate, falls within US law of damages due to misinformation given to your people, that is not accurate but merely some figment of someone's imagination. Your articles and exhibits, do not show any reference to DS-MAX and the interview may not be from a knowledgeable person. Although, we are not in the position to defend or confirm the information given to your company, you do have a fiduciary duty to report accurately. Even the "Inquiry" and other rag magazines, have through court decisions required not to defame an actor's reputation with misinformation. This may also apply to reporting on companies and the sources of your information. Again, that will be a decision on our counsel's part.

Our rights are as follows FYI : Subject to the provisions of paragraph 11 and 12 below, as of the date of this Settlement Agreement, the Innovage Parties shall and do transfer to Nu-Life all of their rights, title and interests anywhere in the world in any trade mark, trade name, corporate name or domain name which includes the term DS-MAX or the term DSMAX and any term confusingly similar to the term DS-MAX or DSMAX:

We appreciate Ben's comment "ed. In 2003, DS-MAX split into three groups, Innovage, Cydcor, and Granton Marketing. In 2006, a company called Nu-Life bought all the rights to DS-Max's name. Why? We have no idea.]" but would have appreciated a correction to every reference to DS-MAX, especially after October 2006 referenced dates.

Regards

Richard Shapero

Nu-Life Inc.

P.S. In respect to your continued membership of the UK bar, it does appear to be evident. The only Darbyshire is the below member of an active member Darbyshire.

home / directories / the bar directory / individual barristers / by name: d / mr william robert darbyshire

self employed barrister profile

Mr William Robert Darbyshire

9 St John Street

Manchester

M3 4DN

[ed. Note: No definitive ties have been established between Midtown Promotions and DS-MAX/Innovage.]

Overview
"In the US alone there are hundreds of such offices. Such independently run corporations remove ds-max from liability."
The Marketing System
"If they are earning more than that the stroke should be adjusted so that they earn $100. If they earn less it should be similarly adjusted. They don't want the guys too rich or too poor."

Atmosphere and Psychology
"...insinuated in many offices in the business...[that] if you leave the business and do your own thing that you will languish in poverty because you will not have atmosphere to rejuvenate you..."
Phrases/Terminology
"9 to 5 schmuck = some one that has a 9 to 5 job. This person is lazy, has his life controlled by a boss, will be laid off, has no sense of goals or directions and is too secure in their poor existence to try and get a head in life."
The Meeting
"It is time to get the people going but first they must be even more hyped up."
The Opportunity
"Now the owner will start to mention growth and expansion. It will be mentioned that more locations are desperately needed to handle their clients, that more managers are needed to run them!"
New locations
"That is one benefit to retraining people off of your crew. You can bond with them and they might want to follow you to your place."
How an office works
"It sold for $20. The rep keeps $9. The owner keeps 5. The rest goes to ds-max."
Employment ads and first interviews
"This is a door to door sweatshop sales job. Turn over rate is high. You need a constant supply to survive."
How to take out a day of Observation and build a crew
"You should ask a whole bunch of questions to the day of o. Find out what he likes and dislikes. What he is motivated for or running away from? If it is an older guy — talk about management. If it is a kid talk about learning and growth. If the guy hates being in a cubicle then promote the fresh air."
The History
"Murray was living out of his car. He formed what became DS-max. "
Head office, Hubs and VP's
"You walk out of one of those meetings at the end of the day and feel inspired. You are determined to be the next VP."
The belief system and life
"They will always retrain someone — even though they may not know where they might be sleeping in a week."

— BEN POPKEN

AN EXPLANATION OF DSMAX, CYDCOR AND GRANTON MARKETING [DS-MAX The Aftermath]
RELATED: Consumerist's undercover investigation into IDT Energy

Note: No definitive ties have been established between Midtown Promotions and DS-MAX/Innovage.

"I've had complaints from residents, as well as small businesses, who have unwittingly switched to a different energy provider and seen their bills go through the roof," said City Councilman John Liu (D-Queens).

One Carroll Gardens, Brooklyn, IDT customer - a bartender who gave her name as Carmel - said her electric bill jumped from $40 to $70, and she is anxious to cancel.

"I'm never at home enough to use that much electricity," she insisted.

"It's a very volatile commodity," Wanounou [IDT Energy's chief operating officer] said. "There are times we have been more expensive than the local utility. There are countless months where we can show you we are substantially cheaper."

Gerry Norlander of the Public Utility Law Project, a consumer group, said, "There's no evidence that we've seen that customers who switch save any significant amount of money over time, and there are plenty of stories of abuses."

DOOR-TO-DOOR POWER DEALS JOLTING BUYERS [NY POST]
RELATED:
IDT Energy Starts At 7% Discount, Switches To Variable After 2 Months
Consumerist's Undercover IDT-Energy Investigation

Even if you're making $600 a week, that breaks down to less than minimum wage once you factor in spending half the day selling, and then rest in hype meetings and hanging out with other the other MLM heads from the "office."

Why then do the grunts keep toiling? They're told that if they prove themselves and start bringing in more recruits, one day they'll move up to manager and someday be allowed to open their own office, and victimize a whole new batch of suckers.

Unlike a straight pyramid scheme, MLM is a smart virus. It keeps the host alive enough to continue drawing blood and replenish itself. — BEN POPKEN

[Image via Discover Vancouver]

As graduates are looking for their first job out of college, or high-schoolers are looking for a summer job, watch out these scammy outfits. A pretty good sign is if the company office is located in a warehouse or a rented trailer on the outskirts of town....

Morris writes:

Just wondering if you guys would be interested in drumming up a piece on these little offices that seem to pop up on every corner in almost every neighborhood around the country without getting too much notice. I'm not sure if this really applies to consumerism, but in regards to helping other people, it should be able to help deter people from ruining their lives when desperately looking for work. I'm writing in relation to the DS Max line of supposed marketing/entry level positions. More info can be found here: http://en.wikipedia.org/wiki/DS-MAX

They try to pawn it off as a legitimate job until you find out that it's really door to door sales and 100% commission. The thing is, when I was looking for a new job last December, I actually scheduled 2 interviews with 2 different DS Max offices that seemed unrelated at the time. The interviews were on the same day... and both employed similar, if not exact hiring strategies. After I left both interviews, I decided to do a little online research and lo and behold, after googling a name of an office manager, I came upon this messageboard: http://groups.msn.com/DSMAXTheAftermath

Then everything made sense and I refused the follow up interviews. However, I know for a fact that people out there still get sucked in daily. When I waited in the offices for my interviews, loud music was playing, employees were acting all rowdy even though they were poorly dressed and looked like they had been through the wringer a few times.

I actually found both places through monster.com, which continually lists these positions as full time salaried jobs with full benefits, which irks me.

The first location was in Malden, MA in a run down part of town. The office was called SJS Promotions and surprise, the office was run down too with mismatched furniture and the such. The interview was no more than 5-10 minutes. The female who interviewed me said she had just come from her own office in Denver, how she moved up the ranks so quickly, and how much fun she's having. To be honest, I didn't spend very much time talking about myself. I was told that they sold coupon books and tickets to local shops and the like and how big names like the Chicago White Sox and LA Dodgers wrote them great letters stating how they've increased ballpark attendance. I'm not even sure if those were real or not. Then she told me that they would be holding a second round of interviews and if all went well, I would receive a call that night. The second interview would entail an all day field trip with an executive or whatever. I was told to dress professionally. I smelled something fishy since when I first scheduled the first interview, I was told they were almost done with the interviews, but when I went into the office, I overheard the secretary schedule interviews for the following week. All in all, I thought something was strange, but didn't give it too much thought. I received a call from them a few hours later stating that I had won a second interview. I accepted and then asked about the parking situation since I would have to leave my car somewhere for the entire day. She then told me that I could park behind a CVS around the block. How nice.

Then I headed off to my second interview of the day in Woburn, MA. This time, it was in a much nicer office complex. This office was called Nova Marketing. Same deal here. All young people, music blasting, everyone looking enthused. Sat down with a male interviewer, and then I noticed the same map of the country on the wall with pins showing where all the offices were located. Again, the man told me that he had just come back from some other state where he just opened up an office. Talked about how he moved up so fast and if I did the same, I could be doing the same thing as well. However, this time, he made note of the college I graduated from and said that the office manager (Kate Malone) went there as well. I didn't really know her, but figured that I could probably dig her up online or on Myspace to see if I ever crossed paths with her. That's when I found her on the rip off report, and then, discovered the entire underworld of DS Max. Also, this office seemed to focus on what they called "event promotions," which basically means that they set up these tables in front of stores like Bestbuy, Target, and Walmart squeezing people donations. What's odd is that they associated themselves with some reputable charities like Toys for Tots and D.A.R.E. The big scam I guess is that they push you to buy their crap toys to donate instead of bringing in your own toy so they make their money off those sales. A few hours later, I got a call from them telling me that I was selected for the second interview. This time I declined and would later cancel the other interview.

So I didn't get too deep into it. At some point, I realized that graduating from Boston College meant a little more than joining this nonsense, but I'm afraid there are people out there who haven't had that moment of enlightenment yet.

Hope this helps even though I'm my story is probably not too different than other stories out there.

Here are the emails both companies sent me:

From: "job" jobs@sjsacquisitions.com
Date: December 27, 2006 11:57:00 AM EST
To: [redacted]
Subject: Re: CareerBuilder Job Application
Reply-To: jobs@sjsacquisitions.com

SJS Acquisitions, Inc.
14 Dartmouth St. Unit A
Malden, MA 02148
781-333-3632

Hi Morris,

Thank you for your response to SJS Acquisitions' online job posting. We are definitely interested in learning more about you and how you might fit in with our company's expansion. We would like to sit down with you in person, tell you about ourselves and our positions, and get to know you as well. Interviews are conducted here in our Malden office please make a note of the address listed above (directions are at the bottom).

SJS Acquisitions develops and executes innovative Sports and Entertainment Marketing Campaigns for clients throughout the East Coast. Primary responsibilities of the position:

Promotional Sales and Marketing
Customer Service
Development of Marketing Plans
Campaign Management
Public Relations
Team Management
Strategic Planning

***We do NOT have any openings in graphic design***

Please take a look through our website at www.sjsacquisitions.com to find out more about our firm. Contact our office at 781-333-3632 as soon as possible to schedule your personal interview. Thanks again and we look forward to speaking with you soon.

Sincerely,

Danielle Larson
Personnel Director
SJS Acquisitions, Inc.

Directions:

(If coming from the Northshore)
You want to take 93 SOUTH TO EXIT 32 MEDFORD SQ. / MALDEN.

(If coming from the Southshore)
You want to take 93 NORTH TO EXIT 32 MEDFORD SQ. / MALDEN

(If coming from the Waltham area)
You want to take 95 NORTH to 93 SOUTH EXIT 32 MEDFORD SQ. / MALDEN

(If coming from the Peabody area)
You want to take 95 SOUTH to 93 NORTH EXIT 32 MEDFORD SQ. / MALDEN

Follow RT. 60 EAST off the rotary for 2 miles. When you come to a set of lights where Walgreens and Cingular Wireless are on your right and a parking garage is on your left, you want to take a LEFT at this set of lights onto MAIN ST. Proceed down the street and at the second set of lights (there will be a Citizens Bank on your right) take a LEFT onto PLEASANT ST. You then want to take your first RIGHT onto DARTMOUTH ST. Our office is located on the LEFT side of the street, we are # 14 and our Boston office name is SJS ACQUISITIONS, which is on a blue sign outside.

From: careers@novamarketingpromos.com
Date: December 27, 2006 12:09:26 PM EST
To: [redacted]
Subject: Re: Monster Job #51790726 Management Training management Monster Resume #[redacted]

Hi!

Congratulations! After considering several candidates, we would like to invite you in for a preliminary interview with one of our managers.

Thank you for your general interest in our company. After reviewing the resumes, we feel as if yours exemplifies many of the qualifications that we are looking for in our team. We would like to meet with you within the next few days to begin the formal interview process. Prior to an initial interview we recommend browsing our Boston office?s website at www.novamarketingpromos.com to find additional information concerning our company?s innovative marketing concepts. Below, you will find our contact information and directions to our office.

Please give Erin Donahue a call @ 781-376-1400 in order to schedule a definite time to meet with you and discuss the opportunities that are available at our firm. We look forward to hearing from you soon.

Sincerely,
The Management Team
Nova Marketing & Promotions
80 Tower Office Park
Woburn, MA 01801

Directions from 93 North and South: Exit 37C Commerce Way. Take a left onto Commerce Way. At 3rd Light take a left onto Mischawaum Ave. At 1st light take a right onto Washington Street. At the first light take a left onto Tower Office Park. Nova Marketing & Promotions is located behind the car dealership at the Office Park. We are Suite # 80.

Directions from 95 South: Exit 36- Washington Street. Come off the exit and take a right. At the first light take a right onto Washington Street. Next light, left onto Tower Office Park (behind car dealership) . Suite #80.

Directions from 95 N: Exit 36- Washington Street. Come to the light at the end of the ramp and go straight through onto Tower Office Park.

WWW.NOVAMARKETINGPROMOS.COM

— BEN POPKEN

PREVIOUSLY: DS-MAX Was A "Sales Cult," Says Former Employee
RELATED:
Consumerist Undercover At IDT Energy: The Job Interview
Consumerist Undercover At IDT Energy: Day One

steve-o: i was looking for a summer job and wanted to get into marketing, i was answering a classified ad
benpopken: where was this? and what year?
steve-o: in Maryland, 2003 or 4
steve-o: These guys were a subsidiary of DS/Max, I forget the name they used
steve-o: the beauty of it, they said, is that you could really work your way up in the organization
steve-o: So I interviewed there, then they let me know that they don't accept many people but I had succeeded and should come in the next day
steve-o: on my way out I saw the chanting but didn't think much of it
benpopken: what were they chanting?
steve-o: I wish I remembered the exact phrasing. They said it was Latin, it wasn't
steve-o: it was just complete nonsense
steve-o: it was a call and response, I learned it on my third day but I forgot pretty quickly
steve-o: It did, however, succeed in getting you psyched up for the day
steve-o: So anyway I come in the next day and it looked like pretty much everyone that had interviewed the day before was there
steve-o: I went with my 'trainer' Nick, who would be showing me the ropes while I earned little over minimum wage until I bought my own inventory. He told me I wasn't supposed to sell while training, but we all know we want what we can't have, so I told him I was sure I could do it well, and started selling his product for him
steve-o: We were going to corner stores and parking lots in the poorer areas around Silver Spring. We would approach people and tell them about the amazing products that we had
steve-o: Steak knives and some toy were my first products, great combination there
steve-o: it dawned on me pretty quickly that this wasn't marketing but being a sleazy salesman, but I was too excited to really let that sink in
benpopken: Were they Cutco knives?
steve-o: ha - no they weren't, although i did have friends that were selling cutco
steve-o: thats leaching off friends and family
steve-o: this was going to complete strangers
steve-o: End of day, went back, they made a big show about who had sold the most inventory, then they chanted some more. I tried to follow along
steve-o: So I go home, but before I do Nick tells me everyone is going out for pizza later, would i like to come along.
steve-o: about half an hour after i get home Nick comes by to pick me up (as per our agreement)
steve-o: and we all spent the next few hours shooting the shit at a pizza parlor. I would have had beer but I was under 21 at the time
steve-o: so they tried to keep you around all the DSMax people so you wouldnt realize you arent doing anything else
steve-o: So my third day (second on the job) was more of the same stuff. Most people really didn't appreciate us essentially door to door selling, without the doors
steve-o: went to different poor areas and tried to sell more schlock, I found I was pretty good at convincing people to buy crap
steve-o: they had a 5-step selling process, let me see if i can remember it
steve-o: Introduction is your name
steve-o: Short Story, where you're from, what you're doing there
steve-o: Presentation, you show them the product and tell them how great it is. It was key to get it in the customer's hands
steve-o: once it was in their hands, people consider it closer to theirs.
steve-o: Close, you get the money
steve-o: and then Rehash, you offer the NEXT product
steve-o: the most important thing to do was close first, and THEN rehash, don't offer another product before you have the money from the first
steve-o: otherwise people could change their minds
benpopken: so when did it start losing its luster?
steve-o: once i realized I wasn't seeing any of my friends, and was wandering around trying to sell crap to people who didn't really want it or could barely afford it
steve-o: Anytime someone said "Hey Guys!" you were supposed to respond with a loud "Hey What?!" kind of like a camp cheer
steve-o: so I talked about my job with my dad who wasn't too keen on it either, it was inconvenient, and i never got to see my friends. I ended up taking a job as a Host at the Dave and Buster's restaurant.
steve-o: wow, memories
steve-o: there were four impulse factors
steve-o: FIGS - Fear of Loss, Indifference, Greed and Sense of Urgency
steve-o: We're offering a great deal, but we won't be there in 10 minutes, you don't want to lose out on it.
benpopken: So you were to try to instill FIGS in your prospects?
steve-o: exactly
steve-o: through the five steps
steve-o: I got quizzed on these at my interview btw. they gave me a sheet and had me learn it for an hour before I even spoke to anyone
steve-o: so that's DS/Max. We passed by people selling deals for AT&T that worked for the same company, same rules, etc
steve-o: im sure whoever's selling IDT et al are using the same "time tested techniques"
benpopken: Did you ever see any of those people say that they worked for those clients directly, instead of identifying themselves as working for another company?
steve-o: I only passed by them, we stopped and had a quick chat because my manager/supervisor guy knew one of the women that was selling to the businesses
steve-o: They're salesmen over there (that was 90% of their work force) - they know how to sell you on the concept of a special team that you're joining
steve-o: and you sign up and follow because they make it exciting and fun.
benpopken: Did they tell you anything about benefits for signing up more employees?
steve-o: it was so long ago, there might have been.
benpopken: What happened when you went to quit?
steve-o: i called in to quit
steve-o: they laid the biggest guilt trip on me
steve-o: talked about how much promise I'd showed, and that they had thought I was better than this
benpopken: I think everyone with an interest in sales ends up working for places like that once in their life.
benpopken: But then they slowly peel back the onion and you realize its rotten.
steve-o: except for the people that completely buy into it
steve-o: the guys that i met there were the epitome of salesmen
steve-o: the 'regional managers' and essential owners of the company were 26, 27
steve-o: worked their way up the pyramid to have their own mini-pyramid beneath
steve-o: HA! On completing the reading of the Job Interview saga from Brian, that line is exactly what they gave me!
steve-o: about the slots, only two being left, i seemed like a great guy, etc
benpopken: Yeah, it's weird how they all have the same strategies
steve-o: because its all from the same manual
benpopken: Each office spawns more offices
benpopken: because up and coming managers who build teams are encouraged to start their own office
benpopken: and they run them the same way as they were trained
benpopken: (is what I've read)
steve-o: honestly, I read a book called "Coercion" by Douglas Rushkoff, and it discussed cults at one point. Point for point it was exactly the same as my experience with "B2B marketing."

— BEN POPKEN

RELATED:
Consumerist Undercover At IDT Energy: The Job Interview
Consumerist Goes Undercover At IDT Energy: Day One
The Consumerist Goes Undercover At IDT Energy
Always Be Closing: IDT Energy Salesmen Interrupt Man In Shower
Pursue Exciting Opportunities In Energy Deregulation
Consumerist's Second Job Interview With IDT Energy's Scammy Marketing Firm
Your Questions About Our Interview With IDT Energy's Scammy Marketing Firm Answered
Consumerist's Job Interview With IDT Energy's Scammy Marketing Firm

Note: No definitive ties have been established between Midtown Promotions and DS-MAX/Innovage.