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—no_refunds [2016/10/21 14:53] – [Non-Disclosure Agreement] format fix Carlos Pedraza
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 +<WRAP box 633px>
 +{{::nda.jpg|}} \\
 +<wrap lo>**DON'T ASK DON'T TELL** Despite his official 'no refund' policy, Axanar producer Alec Peters offers money back to complaining donors so long as they never talk about Axanar again.</wrap>
 +</WRAP>
 +{{TOC}}
 +<WRAP>
 +//**__<wrap em>Fact Check</wrap>__**//
 +</WRAP>
  
 +====== Axanar Offers Refunds Only to Donors Who Won't Criticize ======
 +
 +**//Also: Peters Continues Attack on AxaMonitor, Props Up Surrogate's Blog//**
 +
 +<wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
 +
 +Despite adamant public refusals to grant refunds to donors disillusioned by delays in perks delivery and //Axanar//'s production, producer [[Alec Peters]] quietly offered grease to the squeaky wheels who wanted their money back — on condition they say nothing bad about him or the production.
 +
 +[{{ ::patches-shipped.jpg?300|**SHIPPING PERKS** Axanar looked forward to Kickstarter backers finally getting the patches they'd been promised two years ago as rewards. They began shipping in October 2016.}}]
 +
 +===== Mollifying Backers =====
 +
 +In early October 2016, Peters tried to address [[kickstarter_update|growing dissatisfaction]] by donors in the production's Kickstarter and Indiegogo comment sections by:
 +  * Announcing shipment of [[new_ares_digital|perks delayed]] as long as two years were finally beginning.
 +  * Pointing uneasy donors to the rosier prospects posted on the Fan Film Factor blog about the pending [[copyright infringement]] [[lawsuit]] Axanar faces from [[CBS]] and [[paramount_pictures|Paramount]].
 +
 +==== Refunds Refused ====
 +
 +Some donors weren't buying it: "Send me my refund. Thanks," James Gwinnell asked Peters after he tried to get donors to read about Axanar's lawsuit on the blog Peters called "the only legitimate news source on the Axanar lawsuit online." Gwinnell asked again, "Can you refund my $75?" 
 +
 +<WRAP right round box 50%>
 +//**__« AxaMonitor is run by a cyber stalker who has never said one good thing about Axanar. »__**// — //Alec Peters, Axanar producer//
 +</WRAP>
 +
 +Peters instead told his Kickstarter donors:
 +
 +> I am sorry, but since we are still working on this project, there are no refunds. As to this stupid nonsense that we have made a [[industry_studios|for-profit studio]], I suggest you actually read what we post rather than believing everything you read on the Internet.(({{ ::peters-refunds.jpg?linkonly|Alec Peters post, Star Trek Axanar Kickstarter project, 10/5/16.}}))
 +
 +==== Myths. Busted. ====
 +
 +Peters gave readers a link to a March post on the Axanar blog supposedly debunking myths about Axanar.
 +
 +<WRAP round todo>
 +<WRAP>
 +//**__True or False?__**//
 +</WRAP>
 +
 +<wrap em>PARTLY TRUE</wrap> **Still Working on Axanar**. Though no actual work was happening on //Axanar//, Peters contended that the lawsuit had made it untenable to proceed with production. He hoped a [[peters_second_life|court victory or settlement]] will allow him to move forward with the film. Of course, the decision to not issue refunds may have to do with how much Axanar must [[axanar_website_faq#funding_prelude_to_axanar_and_axanar|pay for rent, utilities, salaries, etc.]], each month. Each passing month reduced the money Peters would have on hand to eventually produce //Axanar//.
 +
 +[{{ :industry-studios-website.jpg?300|**BUSINESS WEBSITE** The commercial studio Alec Peters said is not a business has opened for business. //Photo/industrystudios.la//}}]
 +
 +<wrap em>FALSE</wrap> **Axanar Myths**. **AxaMonitor** examined the myths Peters said he had debunked, [[axanar_myths|disputing his claims]] that Axanar:
 +  * Is not trying to make money (it's a for-profit corporation).
 +  * Did not build a commercial studio using donor money that it planned to rent to other productions (it has [[industry_studios|opened for business]]).
 +  * Was the subject of a lawsuit that was about money (CBS and Paramount explicitly condemned Axanar as a [[compel_discovery#axanar_s_not_a_fan_film|commercial enterprise]] that aimed to take money from Star Trek fans).
 +</WRAP>
 +
 +===== Refunds Offered =====
 +
 +Despite the official line that he would issue no refunds, Peters had in fact offered or given refunds to complaining donors, hoping they would end their public criticism of him. Donor Tom Ryan told Peters:
 +
 +<WRAP right round box 50%>
 +//**__« By accepting a refund you agree to not disclose said refund nor discuss Axanar in any media, including Facebook, Twitter, Reddit, etc. »__**// — //Axanar Non-Disclosure Agreement//
 +</WRAP>
 +
 +> Your attacks on the people who paid for your [[annual_report#the_infrastructure_kickstarter|studio]] and [[annual_report#axanar_salaries|salary]] are sad. I want a refund. You have violated [intellectual property] law by making money off of an IP without licensing or permission. You misled backers by stating the project DID have CBS/Paramount's approval.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/posts/1700319?cursor=14594060#comment-14594059|Tom Ryan post, Star Trek Axanar Kickstarter project]], 10/6/16.))
 +
 +In response, Peters emailed Ryan with an offer:
 +
 +> For your information, no one is making a profit off of Axanar and I have put over $100,000 of my own money into the project.  Every single dime raised has gone into making this film. Sorry you are unhappy, but [[axanar_myths|read our website]] before making comments with no basis in fact. \\ \\ BTW, if you want a refund, I am happy to give you one.  You just need to sign an NDA [non-disclosure agreement] and non-disparagement agreement.  If you are OK with that, I will send it to you.((Alec Peters emails to Thomas Ryan, 10/6/16.))
 +
 +==== Non-Disclosure Agreement ====
 +
 +[{{ ::word-doc-nda.jpg?direct|**NON-DISCLOSURE** This document is what Peters wants donors to sign before he will issue them refunds. (//[[http://axamonitor.com/lib/exe/fetch.php?media=donor_nda_2_.doc|Download Word file]]//)}}]
 +
 +Peters emailed the legal agreement to Ryan, saying:
 +
 +> Please sign the attached document and scan it and return it along with your PayPal address and we will refund your money. Unfortunately because of one donor who felt that even after being refunded his money he could slander Axanar, we are required by our attorneys to have this non-disclosure and non-disparagement agreement signed before giving a refund.((Alec Peters email to Thomas Ryan, 10/6/16.))
 +
 +The form Peters wanted Ryan to sign, "Confidential Non-Disclosure Agreement and Non Disparagement," would have prevented Ryan from revealing he had received a refund at all, and went even further:
 +
 +> By accepting a refund for your donation, you agree to not disclose said refund nor discuss Axanar in any media, including but not limited to social media such as Facebook, Twitter, Reddit, etc. … \\ \\ Any disclosure by you … regarding Axanar or this refund will cause irreparable harm to Axanar Productions Inc, and shall entitle [Axanar] to damages in the amount of $5,000 per occurrence.((Axanar Productions, "Confidential Non-Disclosure Agreement and Non Disparagement," emailed by Alec Peters to Thomas Ryan, 10/6/16.))
 +
 +[{{ ::propworx-spam.jpg?300|**DONORS SPAMMED** An excerpt from the Propworx auction ad emailed to Axanar donors.}}]
 +
 +Ryan was not moved:
 +
 +> Not signing shit. If you still refuse to give me my money after [I refused] to sign this we will see how that goes with your backers.((Thomas Ryan email to Alec Peters, 10/6/16.))
 +
 +Peters gave it one more try:
 +
 +> I am being very nice and offering you a refund when we are under no obligation to from Kickstarter.  If you are more interested in causing trouble than getting a refund, then you prove the point of the NDA. I have spent 2 1/2 years working for no money on this project.  I have put in almost $150,000 of my own money.  Sorry you feel so cheated.((Alec Peters email to Thomas Ryan, 10/6/16.))
 +
 +{{page>fact check}}
 +
 +=== Forced Silence ===
 +
 +However, facing mounting criticism on his Kickstarter's comment boards, Peters appeared to give up on requiring NDAs in favor of silencing complaining donors by forcibly refunding them, which Kickstarter spokesman Justin Kazmark stated means they lose their privilege to post comments:
 +
 +> As [[https://www.kickstarter.com/terms-of-use|our Terms]] indicate, creators can cancel and refund a backer's pledge at any time. Any user who the backer refunds should get an email indicating as much. It's not uncommon for creators to face obstacles as they work to bring their projects to life. As creators continue to work toward their goal, we encourage transparency along the way.((Email from Justin Kazmark to AxaMonitor editor Carlos Pedraza, 10/11/16.))
 +
 +[{{ ::paypal-refund-kovalik.jpg?200|**BE QUIET** One donor received this unrequested refund after publicly sparring with Axanar producer Alec Peters. The refund ends the donor's ability to post comments on Axanar's Kickstarter page. (//click image to view full size//)}}]
 +
 +On October 20, 2016, donor Jason Kovalik received a refund he did not request after exchanging public comments with Peters regarding a third party [[propworx-email|spamming Axanar's donor mailing list]] with an advertisement for a props auction:
 +
 +> So this [refund] happened. … Please note, I did not sign anything NDA or what not. This was done, I suspect, because I was challenging Alec in the comments of the Kickstarter about his claims that Axanar didn't [[propworx-email|spam their donor list]] for Propworx, compared to Mike Bawden's comments saying [[propworx-email#applicable_laws_and_regulations|it was inappropriate]].(([[face>groups/CBSvsAxanar/permalink/1339658089378891/|Jason Kovalik post, CBS/Paramount vs. Axanar Facebook group]], 10/20/16.))
 +===== Shifting Donation Amounts =====
 +
 +Similarly, the discussion on the Kickstarter comments section included Peters' declaration that he had contributed profits from a September 2016 auction held by another company he owns, Propworx, to Axanar. That followed donors' complaints that their Axanar-related email addresses had been [[propworx-email|provided to Propworx]] to advertise its auction. Peters stated:
 +
 +> For the record, no one gave anyone's [email] info to a third party. That is a lie. The email about the Propworx Star Trek auction was sent out from the Axanar Productions Constant Contact account as Propworx is my company and the auction was a fundraiser for Axanar. I donated over $35,000 from that auction to Axanar.
 +
 +<WRAP round todo>
 +<WRAP>
 +//**__True or False?__**//
 +</WRAP>
 +
 +<wrap em>FALSE</wrap> **No Refunds**. Despite the official line, and by Peters' own admission, Axanar has offered refunds to donors who criticized him and/or Axanar loudly and publicly.
 +
 +<wrap em>DUBIOUS</wrap> **On Advice of Counsel**. Peters' claim that his lawyers' required him to get non-disclosure/disparagement agreements from anyone to whom he gives a refund is unsubstantiated. Moreover, it's not clear why the attorneys representing him in a copyright case would get involved with unrelated refund disputes, nor in what way they could compel a client to take such a stance. Former Axanar chief technologist Terry McIntosh, scheduled to be [[mcintosh_subpoena|deposed]] by the studios suing Peters for copyright infringement, explained the more likely reason for the non-disparagement form Peters required to obtain a refund:
 +
 +> Alec is surely terrified of people telling the truth about Axanar, and especially under oath and armed with documentation to support it, so that makes it a good thing. The truth, whatever that might be, will be known and if it's submitted in a deposition then it has a good chance of becoming public through the official record. Alec won't be able to call people liars once they've gone through the court process and if Alec doesn't want that then I, and others, absolutely do want it. He wouldn't be asking for donors to sign non-disclosure and non-disparagement agreements in exchange for their money back otherwise.(([[face>groups/CBSvsAxanar/permalink/1326765640668136/?comment_id=1326884977322869&reply_comment_id=1326891670655533&comment_tracking=%7B%22tn%22%3A%22R7%22%7D|Terry McIntosh post, CBS/Paramount vs. Axanar Facebook group]], 10/7/16.))
 +
 +<wrap em>DUBIOUS</wrap> **'My Own Money'**. Peters has often made claims about putting his own money into the Axanar project, always without substantiation, and with a constantly changing amount. He first told Ryan his personal contribution was $100,000; in a later email //the same day//, the amount had ballooned to $150,000. Also, the plaintiffs in Axanar's lawsuit, based on examination of an audit of Axanar's books, claim Peters personally [[compel discovery#personal_profits|financially benefited]] from his production, through his salary, paid travel expenses and personal expenses.
 +
 +[{{ ::peters-sturm.jpg?200|**SHIFTING AMOUNT** of auction profits Alec Peters claims to have "donated" to Axanar.}}]
 +
 +<wrap em>DUBIOUS</wrap> **Auction Profits**. Peters appeared to be making the argument that it was all right for his other company, Propworx, to have spammed the Axanar donor mailing list because proceeds from its auction went to Axanar. In his Kickstarter post, Peters claimed he gave $35,000. But earlier, he reported the amount was only $20,000:
 +
 +> My company Propworx donated the entire profit from yesterday's auction to Axanar. That was over $20,000. That is me, Alec, donating over $20,000 to Axanar.((Alec Peters private Facebook message to David Sturm, 9/11/16.))
 +
 +<wrap em>FALSE</wrap> **No Spam**. If in fact the Propworx advertisement emailed to Axanar donors did not constitute spamming, then why did Axanar spokesman Mike Bawden admit the error? "I’ve raised my concerns with Alec about this," he said. "There are right ways and wrong ways to go about using email solicitations to stay compliant with the [anti-spam] CAN-SPAM regulations and in my opinion, this wasn’t the right way to do it."((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.)) Bawden went on to say:
 +
 +> I’ve briefed everyone involved in this incident as to what was done wrong, the possible ramifications of violating the CAN-SPAM rules and established that any further use of the Axanar Donors list for email communication needs to be discussed with everyone on the team. I’ve been given assurances that what happened was a mistake and won’t happen again.((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/12/16.))
 +
 +<wrap em>MOSTLY FALSE</wrap> **Axanar Fundraiser**. Peters' claim that the Propworx auction was an Axanar fundraiser is not even borne out by Propworx's email. Nowhere in the advertisement does Propworx state the event was a fundraiser for Axanar, even though the email was [[propworx-email|spammed]] to the donors' mailing list.((Jarrod Hunt email from Propworx to Axanar donors, 9/9/16.))
 +
 +Peters had made a passing statement on a Facebook post about "a portion of the proceeds" going to Axanar, but that portion was never specified. Only in retrospect did he claim "all" the profits went to Axanar, and then changed the amount from $20,000 to $35,000.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/comments?cursor=14574696#comment-14574695|Alec Peters post on Star Trek Axanar Kickstarter project]], 10/4/16.))
 +</WRAP>
 +===== 'Cyberstalker' =====
 +
 +Meanwhile, as more Kickstarter backers took issue with Peters' promotion of the Fan Film Factor blog as the only legitimate source of Axanar lawsuit news, Peters stepped up his attacks on **AxaMonitor**, calling our reporting of the Propworx email spam "a lie."
 +
 +> AxaMonitor is run by a cyber stalker who has never said one good thing about Axanar. Only a moron would think it is unbiased. Fan Film Factor is the ONLY unbiased source and the only one that has actual lawyers consulting, not the armchair lawyer crap [AxaMonitor] publishes.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/posts/1699282?cursor=14601398#comment-14601397|Alec Peters post to Star Trek Axanar Kickstarter project]], 10/6/16.)) {{:axamonitor-ico.gif?nolink|}}
 +
 +----
 +**Keywords** {{tag>fact_check crowdfunding commercial}}