In the meantime, Too Much Media also faces a lawsuit from Naked Rhino. As XBIZ reported, Naked Rhino filed suit in a New Jersey federal court seeking $5 million in damages because Too Much allegedly breached its NATS contract with the company and defamed it in a Aug. 10 posting on industry bulletin board GoFuckYourself.com.
Charles Berrebbi, a partner of Too Much Media, confirmed to XBIZ that the company had elected to sue Naked Rhino over an Aug. 10 accounting dispute.
In a six-page complaint, Too Much Media accused Naked Rhino of using the NATS software program as an “instrument of fraud.”
In a statement posted on GFY, Too Much Media partner John Albright said that the company had filed suit to “protect the integrity of the NATS program and to ensure [that] it will not be misused.”
“As stated in our posting of Aug. 10, a discrepancy was noted between the number of rebills reported to the NATS system from those reported by CCBill,” Albright said. “When efforts were made to rectify the situation with executives of NR Media, Too Much Media was met with full resistance, profanity and an abruptly terminated telephone call.”
According to Albright, Too Much offered to reinstate Naked Rhino’s NATS license as soon as the figures were corrected.
“That correction did not occur, and Too Much Media has brought suit, in part, to determine the extent of the discrepancy in NR Media’s reporting,” Albright said.
In the complaint filed against Naked Rhino, attorneys for Too Much have asked the court to order the defendants to produce sales records and records of its payments to affiliates. The company also asked that Naked Rhino not be allowed to make any further use of the NATS software.
Too Much stopped Naked Rhino’s NATS license, meaning that the company may no longer use the program’s administrative functions, according to the complaint. Naked Rhino, however, still has the ability to use other aspects of the program.
No monetary amount was specified in the complaint, although Too Much did ask the court for “any further relief as the Court deems equitable and in the interest of justice.”
Albright said that he was aware of Naked Rhino’s simultaneous complaint.
“Too Much Media will defend that suit vigorously as there was nothing untrue in the Aug. 10 posting,” Albright said.
Naked Rhino, which operates paysites BrandiLove.com and SinamonLane.com, recently launched operations under Naked Rhino banner, joining Falcon Foto with XclusiveCash.com, the company’s affiliate program.
Naked Rhino was founded in 2004 by husband and wife team Chris and Tracey Potoski.