Is Treffry a wackjob or what?? you be the judge.
a contract to join his paltalk chat room? LOL!
MEMBERSHIP AGREEMENT
PALTALK CMKX ACTION ROOM
PREAMBLE
Allan Treffry (hereinafter “Administrator”), a shareholder of the company identified as stock symbol CMKX (hereinafter “CMKX”), the company associated with former Chief Executive Officer Urban Casavant, is opening an internet discussion room on the internet service provider known as Paltalk, identified as “CMKX Action Room” (hereinafter referred to as”The Room”). The Room shall be of limited membership, created for the purpose of addressing issues relevant to stock fraud, manipulation and naked shorting, associated to CMKX, as well as other relevant issues.
There are numerous shareholders of CMKX seeking to join and participate in the activities of The Room (each Shareholder approved to participate shall be hereinafter referred to as “Member”). As consideration for access to The Room, the Member agrees to be bound by the following terms and conditions:
1. Application for Membership: To join and become a Member of The Room, each shareholder must apply and provide the following documentation in support of said application.
a) A photocopy of a current and valid driver’s license or state issued identification card, blown up on a copier, so that all applicant information is clear and legible;
b) a copy of a utility bill with the applicant’s home address matching the address as found on their identification described in their license/ID card;
c) the applicant’s IP address that must match the applicant’s address and location in which they are signed on from and listed on their ID;
d) a copy of a certificate of CMKX stock with the applicant’s name on it, proving that the applicant is truly a CMKX shareholder;
e) The applicant’s full name, home address, phone number, email address and Paltalk screen name (only one screen name may be used in The Room);
f) this document, executed before a notary public;
g) applicant MUST include a list any and all public companies he or she has worked for, their position, and a list of any compensation said person has received, in the form of payments in shares of stock, from said company for any reason;
h) applicant must disclose if he or she is, or has ever been employed by, the federal government, quasi-governmental agency, any bank or financial institution, securities firm, market maker, stock promoter, or is a spouse of any person working for same, and the specific capacity of said employment or affiliation, or if the person is, or has ever been an administrator in another Paltalk room, the identity of the room, and the dates of being an administrator.
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initials initials
2. Date of Application: Applications for membership for The Room will be accepted up until the date of July 15, 2008. All additional applications postmarked beyond the date of July 15, 2008 will not be considered unless specific permission of the Administrator is first received.
3. Right to Verify Applicant Information as Accurate: Applicant gives Administrator the unrestricted right to take all measures to verify that the information provided by applicant is accurate in full. Further, signature on this document constitutes a full release to access only the information applicant has provided through its’ proper custodians and hence, a signature below is an express instruction to said custodians to fully cooperate with Administrator for the purpose of validating said information provided pursuant to this agreement to be accurate.
4. Place of Mailing Application: All documents requested shall be mailed, via U. S. Mail, to the following address. Allan Treffry, 203 Argonne Avenue, Suite B, PMB 203, Long Beach, CA 90803. No documents requested for application shall be accepted by email, fax, or any other method of delivery. An email account for Administrator shall be set up for future Member communications.
a) **Note to applicant: the mere submission of an application does not guarantee the right for said applicant to be accepted as a Member of The Room. Persons deemed to have ANY potential conflicts of interests, at any time, shall, at the sole discretion of the Administrator, be denied membership or have their membership revoked. For those who are not granted Member status, they should view this not as a person issue, only as business. Further, as certain circumstances arise, Member may be asked to give additional information to insure their identities. A failure to comply may lead to loss of membership status and privileges**
5. Strict Confidentiality: Unless a subject matter is specifically mentioned as one that may be shared with non-members of The Room, the Member agrees that all matters discussed in The Room shall be held as strictly confidential and not divulged to those who are not listed as fellow Members of The Room. Additionally, The Member agrees that he or she shall not provide any access to his or her pass code to The Room, so to provide unauthorized access to The Room, and irrespective of intent, inadvertence, mistake or oversight, said Member shall be fully responsible for any breach of this agreement, in full accordance with the law. Upon discovery of a breach of the stated protocol, terms and conditions, Member acknowledges that strict enforcement via judicial intervention is both appropriate and necessary, including, but not limited to injunctive relief.
6. Storage of Applicant/Member’s Private Information: Administrator agrees to maintain the documentation provided by applicant in a locked office and safe, as it shall not be publically disseminated or used for any access to information not expressly described in this agreement.
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initials initials
7. Miscellaneous Terms and Conditions of Membership:
a) Microphone Necessary: Each Member must have a microphone and be willing to speak if so requested. Although Administrator will not share any personal information provided to him by Member in open forum, security reasons mandate that from time to time, Administrator must be able to confirm Member’s identity through voice analysis. Further, there may be informational reasons for which Member may have to speak to the room and a microphone will be necessary.
b) No Member May Record Room: Although Administrator may record the content of the room for security-related reasons, Member may not record the scroll or the audio comments made in the room, by any other Member, under any circumstances, without the express written consent of Administrator. This provision applies to any and all private parties, persons working on behalf of business entities, governmental or quasi-governmental agents or agencies, with a violation being the basis for personal liability to apply, as well as liability for said principle agency or entity. It should be specifically noted that nobody is above the law in The Room.
c) Administrator Advisement:
1) MEMBER ACKNOWLEDGES ADMINISTRATOR, ALTHOUGH AN ATTORNEY AT LAW, BY SETTING UP AND HOSTING “THE ROOM,” ADMINISTRATOR IS NOT ACTING IN SUCH A CAPACITY AS AN ATTORNEY, BUT INSTEAD, AS A MERE SHAREHOLDER. MEMBER ACKNOWLEDGES THAT ADMINISTRATOR, WILL NOT BE ACTING AS AN ATTORNEY FOR ANY INDIVIDUAL, OR FOR ANY GROUP, FOR ANY ROOM-RELATED CAUSE, NOR IS ADMINISTRATOR GIVING LEGAL ADVICE REGARDING THE PROCESSES OF SEEKING STATUS AS A MEMBER OF THE ROOM, UNLESS OTHERWISE SPECIFIED IN WRITING
2) IF MEMBER IS SEEKING ANY LEGAL ADVICE AS TO ANY ISSUES, INCLUDING, BUT NOT LIMITED TO APPLYING FOR MEMBERSHIP TO THE ROOM, HOW TO ADDRESS STOCK FRAUD ISSUES, STOCK MANIPULATION AND ANY OTHER IMAGINABLE LEGAL ISSUES, SAID MEMBER IS INSTRUCTED TO GO TO THEIR OWN INDEPENDENT COUNSEL, FOR ADMINISTRATOR IS LEGALLY UNWILLING AND INCAPABLE OF GIVING ADVICE IN HIS ROLE AS ADMINISTRATOR. IF ANY LEGAL ISSUE WERE TO ARISE IN THE ROOM, AND ANY THOUGHTS AND/OR OPINIONS WERE GIVEN, BY ADMINISTRATOR OR ANY OTHERS, THEN MEMBER IS ADVISED NOT TO RELY UPON SAID THOUGHTS OR OPINIONS, BUT TO SEEK THEIR OWN LEGAL COUNSEL’S ADVICE ON SAID ISSUES BEFORE TAKING ANY ACTION OR INACTION ACCORDINGLY.
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initials initials
3) Administrator is setting up The Room for making efforts of seeking the truth about the security CMKX and other stock-related issues, and probing common thoughts of similarly-situated persons for the purposes of evaluating all options related to complaints of stock fraud and manipulation. Administrator makes no guarantees of action, inaction, or of any success in recovering any funds for anyone, on any security. Such action and success is not the purpose of establishing The Room.
4) Administrator is not charging any money for the work he is performing for the administration of The Room. Administrator has opened a paltalk room with 200 person’s limit, free of charge for approximately the first month of service; however, Administrator shall upgrade the room to premium as he determines the need. Administrator has paid $70.00 to date for a mailbox, which such expense, Administrator shall absorb personally. Further, Administrator has absorbed the cost of his time for opening the room and drafting this agreement. Any expenses for upgrades to The Room shall be borne equally by Members and a full accounting of all funds received shall be maintained and emailed to all Members for their records, no more than once every 3 months.
d) Jurisdiction of Disputes and Governing Laws: Any and all claims, causes of action or any and all other disputes arising out of this agreement shall be exclusively subject to the laws of the State of California, determined exclusively in the California Superior Court, County of Los Angeles, Southern District. All persons being accepted into The Room as a Member agree to the exclusive jurisdiction of said court, and further, that service of process of any related action shall be acceptable by certified U.S. mail.
e) Remedies in the event of Breach: THIS DOCUMENT IS A BINDING AGREEMENT UPON THE MEMBER AND ADMINISTRATOR. In the event Member is found to breach this agreement, Member acknowledges that, in addition to any available legal remedies, that injunctive relief is both appropriate and necessary. Further, Member agrees that if they breach this agreement and injunctive relief is deemed necessary and proper, that the prevailing party shall pay all costs of suit and reasonable attorney’s fees for any action accordingly. Administrator will not be acting as attorney in any such action brought against a Member, nor will Administrator accept any referral fees in the event such an action is deemed necessary.
f) Statute of Limitations Issues: If it is found, at any date and time in the future, that any Member or Members have recorded the written scroll or audio contents of the room, or breached this agreement otherwise, be they individual or on behalf of any entity, be it governmental, private or other, said Member acknowledges that at the time of actual discovery, that is the juncture in time when any applicable statutes of limitation will commence for determining when claims may be commenced.
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initials initials
g) Modification of this Agreement Only in Writing: All parties agree that no modification of this agreement shall be enforceable in any manner, unless evidenced in writing and signed by the party to be charged. Signature may be evidenced by an original, copy or an email, all having similar weight and effect in a court of law.
h) Integration Clause: All agreements and understandings of The Administrator and Member are merged into this written agreement. No contemporaneous and/or prior agreements shall be deemed binding upon the parties.
I) Action Only Taken With Member Consent: Never shall Administrator commence any legal action or proceedings on behalf of any Member without the express written consent of said Member.
June 13, 2008 Allan F. Treffry // electronic signature
(and subject to final approval as per 4. a)
Date: ________________ __________________________________________
SIGNATURE - CMKX ACTION ROOM MEMBER
__________________________________________
SPELL NAME
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