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Let's Talk About The Facts Regarding Upswing Poker And JNandez Let's Talk About The Facts Regarding Upswing Poker And JNandez

07-22-2018 , 11:26 PM
which one of you is going to scoop up Stormy Daniels' lawyer first?
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:27 PM
Quote:
Originally Posted by WCGRider
Fernando isn't even debating this point, he has agreed to pay the refunds.
What gets debated between parties has a tendency to change once contract disputes arise. Btw, did your affiliates (ie Joey) have to pay back their pro rata share of the commissions as well for the refunded customers? If not then that amount should be added back in to Fernando's original percentage of the gross and thus subtracted from the amount he owes for the refunds.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:27 PM
Quote:
Originally Posted by WCGRider
No, we did not post an article slandering Jnandez
"Fernando Habegger, better known as JNandez87, is a Pot Limit Omaha player and coach. He's no doubt proven to be successful on the felt, but his unscrupulous business dealings have made him an untrustworthy character in the poker space"

That's posted on your website as of right now, looks like slander to me.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:28 PM
Quote:
Originally Posted by The Imp
So post in your containment thread then. It's there for a reason.
lol acting like this is spamming up your sweet NVG page as if it's not the most interesting thread this week
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:29 PM
Nice one Doug, you got him!

Key points you proved: 1. That he signed up to and knew full well that his commission was net of affiliates cuts being deducted first. 2. That you paid him fairly according to the terms of the contract.

But no denial that you make newbies wait 10 minutes before they are granted an audience with you up in the gallery of your house while stroking Binks the dog on your lap, but I guess you are allowed some little idiosyncrasies and a tad of megalomania given the level of success you have had! ;-)
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:31 PM
Quote:
Originally Posted by nuxxx
"Fernando Habegger, better known as JNandez87, is a Pot Limit Omaha player and coach. He's no doubt proven to be successful on the felt, but his unscrupulous business dealings have made him an untrustworthy character in the poker space"

That's posted on your website as of right now, looks like slander to me.
It is not slander because it is not a mispoken statement.

Fernando has had dealings with several different entities over the last several months where he has acted in a manner that shows no moral principles.

Our article is worded aggressively but correctly, all of the following information relayed is factual.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:31 PM
I think its hard to argue against Doug after seeing that video, unless somebody can show that Doug created fake Chase statements, paypal statements, etc. Doug did what JNandez said about meeting you for the first time actually happen? Also did he actually give you a bottle of whiskey/bourbon (I cant remember what he said it was)?
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:33 PM
Quote:
Originally Posted by ChicagoJoey
Doug & I will be podcasting tomorrow at 5 pm EST & will be talking more about this together as well.

This post should have its own thread otherwise it ends up getting lost on pages that people won't end up finding like the post I made in the JNandez thread.
https://forumserver.twoplustwo.com/s...7&postcount=95
Really solid reply fwiw and should be copied to this thread if they aren't merged
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:35 PM
Quote:
Originally Posted by DrSayre
I think its hard to argue against Doug after seeing that video, unless somebody can show that Doug created fake Chase statements, paypal statements, etc. Doug did what JNandez said about meeting you for the first time actually happen? Also did he actually give you a bottle of whiskey/bourbon (I cant remember what he said it was)?
He said he brought a bottle of whiskey to Doug's house and Doug wouldn't look at him and essentially ignored him/talked to the guy who brought him the whole time
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:35 PM
Quote:
Originally Posted by DrSayre
Doug did what JNandez said about meeting you for the first time actually happen? Also did he actually give you a bottle of whiskey/bourbon (I cant remember what he said it was)?
It's mentioned at 34:55 in the video.

Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:37 PM
Quote:
Originally Posted by SageDonkey
Nice one Doug, you got him!

Key points you proved: 1. That he signed up to and knew full well that his commission was net of affiliates cuts being deducted first. 2. That you paid him fairly according to the terms of the contract.

But no denial that you make newbies wait 10 minutes before they are granted an audience with you up in the gallery of your house while stroking Binks the dog on your lap, but I guess you are allowed some little idiosyncrasies and a tad of megalomania given the level of success you have had! ;-)
Well thanks Sage, ill take it.

Quote:
Originally Posted by DrSayre
I think its hard to argue against Doug after seeing that video, unless somebody can show that Doug created fake Chase statements, paypal statements, etc. Doug did what JNandez said about meeting you for the first time actually happen? Also did he actually give you a bottle of whiskey/bourbon (I cant remember what he said it was)?
When I first met Fernando, it was indeed at my house. However, I didn't even know he was inside for some time, I didnt let him into the house. Additionally I don't remember our exact exchange we had at the moment we met.

I don't think I would stand there and ignore him for 5-10 minutes, but I'm not going say it didnt happen either because I don't remember the conversation that occurred there at all. I'm not going to lie and say we had a great introduction and hes making up the story, I honestly don't remember.

It is also totally true he bought me a bottle of whiskey. Nice whiskey, it was an extremely nice gesture. In fact, he got me a high end bottle of one of my favorite types of scotch. Was very nice of him and he didnt have to do that at all.

I cant imagine myself not saying thank you for the present, and then I also additionally followed up with a thank you message via Skype (Which I show in my video, and frankly am thankful I gave written thanks as well. I dont make a mental note whenever I thank someone).

I also got pretty sick around that time period. Not making excuses at all, but maybe that could be a reason why he felt I was acting awkwardly.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:38 PM
Quote:
Originally Posted by WCGRider
That's fine for him to share his side of the story, but can we agree there is a line on what we deem to be acceptable as a community?

Because to me, saying that its his opinion we owe him 100k, with out any evidence on why he thinks that, is too far.

It's fine if he wants to say what his thoughts were on a host of issues we've had. But I do not think making up "possible" debts is acceptable behavior.

This is without bringing up that he is specifically not allowed to discuss the inner workings of Upswing per our agreement.
remember when harlabob said on a podcast that an unnamed poker player owed him 7 figures and the next week you made a video called "has Tom dwan SCAMMED again" that got 600k views with zero facts or evidence that dwan was the person who owed him. I wonder if you would think this was acceptable if somebody this baseless video about you? And why do you think you have the right to play the role of poker police and determine what is acceptable and what not just because you have a lot of subscribers?
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:38 PM
Doug, why did you snub Joey for creating the PLO content for Upswing?
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:40 PM
Quote:
Originally Posted by WCGRider

It's fine if he wants to say what his thoughts were on a host of issues we've had. But I do not think making up "possible" debts is acceptable behavior.

.
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07-22-2018 , 11:40 PM
Well played Doug. Very impressively dealt with very sensitive situation so far.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:43 PM
Quote:
Originally Posted by Hellmuth was right
remember when harlabob said on a podcast that an unnamed poker player owed him 7 figures and the next week you made a video called "has Tom dwan SCAMMED again" that got 600k views with zero facts or evidence that dwan was the person who owed him. I wonder if you would think this was acceptable if somebody this baseless video about you? And why do you think you have the right to play the role of poker police and determine what is acceptable and what not just because you have a lot of subscribers?
This is fairly OT but happy to answer.

The reason it is different with Tom Dawn, is that it was not just a single allegation that heavily indicated it was Dwan.

The jungle challenge is a provably event where he is not paying money he owes to jungleman. We are talking a very large sum of money here, which by the way, to my knowledge is still not settled.

I also may or may not have had private information as to the legitimacy of these claims.

I don't understand why there are people that want to protect someone who has such outstanding debts. Would be nice for Jungle to weigh in on if he made it right (I hope he did).

Quote:
Originally Posted by BJballs
Doug, why did you snub Joey for creating the PLO content for Upswing?
We talked to Joey about this, but ultimately we both agreed it would be better to find a separate coach.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:44 PM
Quote:
Originally Posted by WCGRider
It is not slander because it is not a mispoken statement.
I don't agree with your definition, opinion is not fact and what you wrote in law jargon has the possibility of damaging his potential earnings. The mocking irks me the wrong way, I don't like bullies.

All that said I've no dog in this fight, thx for replying and gl to both of you.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:44 PM
Quote:
Originally Posted by The Imp
So post in your containment thread then. It's there for a reason.
This is like his fifth or sixth "scandal" that he has spammed over the nvg front page to try to get views for his YouTube page/company. It's not even entertaining at this point.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:48 PM
Quote:
Originally Posted by nuxxx
I don't agree with your definition, opinion is not fact and what you wrote in law jargon has the possibility of damaging his potential earnings. The mocking irks me the wrong way, I don't like bullies.

All that said I've no dog in this fight, thx for replying and gl to both of you.
No problem, appreciate the feedback and happy to double check with our attorneys to make sure it is inline with what we believe is allowable language.


Quote:
Originally Posted by Hellmuth was right
This is like his fifth or sixth "scandal" that he has spammed over the nvg front page to try to get views for his YouTube page/company. It's not even entertaining at this point.
You think I want views on the story where I have to say my company did not scam someone? I made the video private and am addressing the concerns in the areas where the story was most important.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:49 PM
Quote:
Originally Posted by BJballs
(Doug, why did you snub Joey for creating the PLO content for Upswing?)
A PLO course by Joey is one I'd rather watch because he would explain some "real world" PLO concepts that you won't get from a coach like JNandez who basically coaches you to play PLO like a (not quite perfect) robot.

E.g. It's common knowledge you should check raise all in with good equity OTF in a PLO aggro 6 max online cash game (JNandez), but harder to learn and understand some of the PLO meta game (sometimes opponent specific) principles and techniques that Joey knows.

Joey should be part of any new Upswing PLO coaching team IMO.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:50 PM
Seems like a minor detail, but what was the reasoning of not sending him the ~$1200 owed? Because of pending litigation? (I’m obviously not a lawyer, but it would seem odd to pay somebody you’re suing)
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:51 PM
Quote:
Originally Posted by WCGRider
Well thanks Sage, ill take it.
When I first met Fernando, it was indeed at my house. However, I didn't even know he was inside for some time, I didnt let him into the house. Additionally I don't remember our exact exchange we had at the moment we met.

I don't think I would stand there and ignore him for 5-10 minutes, but I'm not going say it didnt happen either because I don't remember the conversation that occurred there at all. I'm not going to lie and say we had a great introduction and hes making up the story, I honestly don't remember.
The good old 'I don't remember' line. Your memory is that poor you don't remember the details of meeting your content creator for the first time, less than a year ago? Seems strange, yet he seems to remember the details of it, like you staring down at him when he walked into the Foyer. Why would he make something like that up?

Fernando doesn't seem like a bad dude, trying to scam anyone, just a business fish out of his depth.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-22-2018 , 11:55 PM
Any thoughts on this Mason?

Quote:
Originally Posted by WCGRider
We own a wide variety of domain names that were available in 2016 that relate to upswing or potentially valuable future poker domains, such as RunItOncePoker.com.

Purchasing relevant business domains that will increase in value is a standard practice among internet businesses. It is also standard to purchase domains such as DownswingPoker.com that could easily become memes or jokes.

We could have had it refer to something like Upswing but instead we decided to go for some lol's.
Quote:
Originally Posted by WCGRider
Domaining and Cyber squatting are differnet

Anyway I can only monitor so many threads at once and we have a on going on here, can we keep the chat going in the other thread

https://forumserver.twoplustwo.com/2...andez-1718090/
Can you explain the difference?

https://en.wikipedia.org/wiki/Cybersquatting

Quote:
Cybersquatting (also known as domain squatting), according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.
Quote:
Originally Posted by MOSH_POT
casually admitting to cybersquatting like it's nbd on 2+2 of all places. pretty lulzy.
Yeah it's pretty funny to own a registered trademark plus the word poker and think that's not cybersquatting. I guess he never read the Dutch Boyd Apology Letter that was stickied at the top of the forums forever.

https://forumserver.twoplustwo.com/2...etter-1456102/

Currently the runitoncepoker.com site redirects to this mocking post by Jmo



Quote:
Jason Mo
@****ycakes123
looks like ill have my pokersite up before galfond/runitonce idiots. heard they don't even own the domain for their site




Quote:
Originally Posted by WCGRider
No, we did not post an article slandering Jnandez
Because when it's in print, it's libel, not slander.
Let's Talk About The Facts Regarding Upswing Poker And JNandez Quote
07-23-2018 , 12:00 AM
Quote:
Originally Posted by mirage01
The good old 'I don't remember' line. Your memory is that poor you don't remember the details of meeting your content creator for the first time, less than a year ago? Seems strange, yet he seems to remember the details of it, like you staring down at him when he walked into the Foyer. Why would he make something like that up?

Fernando doesn't seem like a bad dude, trying to scam anyone, just a business fish out of his depth.
To be fair, it was over a year ago (April 2017). I asked that question, but really that was a small part of what JNandez said. Whether Doug was a jerk to him or not, that’s not really the same as keeping ~$90K from him
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07-23-2018 , 12:03 AM
Quote:
Originally Posted by DrSayre
To be fair, it was over a year ago (April 2017). I asked that question, but really that was a small part of what JNandez said. Whether Doug was a jerk to him or not, that’s not really the same as keeping ~$90K from him
Of course but its still an interesting tidbit, that doug seems to be bull****ting about. Whether he thanked him later on skype for the whiskey is not even relevant.
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