P. 1
Global Verge Settles With Panther Mobile

Global Verge Settles With Panther Mobile

|Views: 3,370|Likes:
Published by Troy Dooly
Global Verge Attorney notifies Troy Dooly, Chris Greco is dead.
Global Verge Attorney notifies Troy Dooly, Chris Greco is dead.

More info:

Published by: Troy Dooly on Oct 21, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/25/2011

pdf

text

original

ALBERT G, MARQUIS PHILLIP S, AURBACH WILLIAM A. LEVY AVECE M, HIGBEE DALE A.

HAYES TERRY A COFFING JAY YOUNG

SCOTT A. MARQUIS JACK CHEN MIN JUAN FRANK M, FLANSBURG III MARY J, DRURY

CRAIG R ANDERSON

. DAVID A. COLVIN TERRY A. MOORE GERALDINE TOMICH

MICAH S, ECHOLS NICHOLAS D, CROSBY SHANE W CLAYTON MATTHEW T, CECIL

direct line: (702) 207-6096 direct fax: (702) 856-8908 email: bhardy@marquisaurbach.com

SCOTT A, KNIGHT JASON M, GERBER ERIKW FOX BRIAN R HARDY

LA YKE M, STOLBERG SALLY L GALATI KEITH D, WILLIAMS ERIN R BARNETT

TYE S, HANSEEN JOSHUA L BENSON CHARLES M, VLASIC III LIANE K. WAKAYAMA CANDICE E. RENKA DAVID T DUNCAN

JAMIE R ALLAZETTA-FROST BRIAN BLANKENSHIP

JOHN M, SACCO

OF COUNSEL

MARQUIS&AURBACH

ATTORNEYS AT LAW

October 20,2010

Via U.S. Mail and Email toTroyDooly@MLMHelpDesk.com

Troy Dooly P.O. Box 6101

Miramar Beach, Florida 32550

Re: Globalverge, Inc. vs. Make America Shine, et al.

Our File No. 11429-2

Dear Troy:

Globalverge, Inc. ("Global Verge") is excited to announce that it has recently executed a final settlement agreement resolving the issues between it and Panther Mobile, Inc ("Panther"). A copy of the non-confidential portions of the settlement agreement are attached hereto as Exhibit 1. As set for therein, Global Verge was able to learn, with the cooperation of Panther, that Kevin Sipes ("Sipes") facilitated much of the conduct which harmed Global Verge in conjunction with Chris Greco ("Greco"). As a part of the settlement agreement with Panther, Global Verge is entitled to pursue not only its claims but Panther's claim against Greco, Sipes, and any of their entities, pseudo entities or aliases. You can be sure that Global Verge will continue to defend its reputation against individuals such as Greco and Sipes.

While Global Verge has now resolved its issues with Panther, its claims continue to remain against Greco and his company Unlimited Wizard Cellular, Inc. dba Activation King Wireless ("AKW"). To date, Global Verge has obtained a Default against AKW and, due to Greco's consistent attempts to evade service, an order allowing it to serve Greco by publication. Thereafter, Global Verge intends to seek a Default Judgment against both Greco and AKW.

Unfortunately, and perhaps the most disturbing, while trying to effectuate service on the individual that identifies himself online as "Christopher Greco", Global Verge has learned that he may not be who he claims. As you know from the allegations contained in Global Verge's Complaint, "Greco" fraudulently opened an account at Southern Commerce Bank under the name of All Wireless Services, Inc. ("All Wireless"). See Amended Complaint attached hereto as Exhibit 2 at ~~20-24. We have reviewed records from "Greco's" fraudulent transaction and

10001 Park Run Drive • Las Vegas, Nevada 89145 • Phone: 702.382.0711 • Fax: 702.382.5816 • www.marquisaurbach.com

Troy Dooly October 20, 2010 Page 2

observed that, when he opened the fraudulent account, he provided Southern Commerce Bank with the following social security number 180-56-XXXX. See Redacted report from Southern Commerce Bank, attached hereto as Exhibit 3 (we have the entire social security number but are constrained to disclose the same). In an effort to locate a current address for "Greco", Global Verge ran a search utilizing the social security number provided by "Greco" to the Bank. Not unsurprisingly, the social security number was registered to Christopher Greco - a male born on May 8, 1975. What was surprising was that Christopher Greco according to the California Death Index, died at age 14 on August 29, 1989 in Los Angeles, California. See California Death Index Record, attached hereto as Exhibit 4. Shocked at the possibility that the person identifying himself online as Christopher Greco may not be the person he claims to be, Global Verge did some additional investigation resulting in the realization that (likely because he died) there were no addresses associated with Christopher Greco until in or around July 2009 when, at about age 34, he claimed an affiliation with an address located at 220 W. Second Street in Boston, Massachusetts. Thereafter, the Greco identity was used to affiliate with addresses in Deland, Florida; Lake Mary, Florida; Palm Coast, Florida; and Myrtle Beach, South Carolina.

What has become apparent is that the person online claiming to be Christopher Greco simply is not. Accordingly, Global Verge would like to call upon you and your affiliates in the MLM industry to assist us in discovering the true identity of the person calling himself Christopher Greco. We appreciate your assistance in this matter and await any response and whatever information you obtain.

As always, we appreciate your continued professionalism and cooperation. If you have any questions, concerns or wish to discuss the foregoing, please feel free to contact the undersigned directly.

Sincerely,

MARQUIS & AURBACH

aiI~

Brian R. Hardy, Esq.

BRH:rw

cc: Client

M&A:1l429-002 1176151_l.DOC 10/20/2010 12:33 PM

EXHIBIT 1

SEITLEMINT AGREEMENT· MUtYAL RELEASE AND W AlVEI OF ALL CLAIMS

This Settlement Agreemt;llt, Murua11telease and Waiver of aU Claims ("Agreementj is entered into this 30th day of September, 2010, (the: "Effective Date'') by and between GLOBALVERGE. INC. ("Global Verge',). a Nevada COrporation; MAKE AMERICA SHINE PRODUCTS, LLC dba PANTHER MOBn..E ("MAS''); aDd PANTHER MOS(L!:!. iNC., a Nevada corporation (collectively with MAS "~ltnthcr"')(each a "Party" and collectively, "'the Parties"). In consideration of the mutual covenants and agreements of the Parties to this Agreement, and other good and valuable conRideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby warranted and agreed as folloWM:

1. BA.CKGROUNO.

1.1 Global Verge has incurred sj¥Dificant costs in the creation and development of certain

confidential and propri(..'Wy trade secret inforanation. derives independent economic value by virtue of its not being generally known to, and not beina readily 8SCCl1$.inable through proper means by, others whn can obt.in economic v~lue from its diselo~ or \l3C which includcc.l, but was not limited to, clienr and vendor lists and specific contact information (the '"Confidentiallnformation'').

1.2 Based upon certain agreements and assurances by Christopher Greco ("Greco', he

became privy to the Confidential Infonnation.

1.3 Upon investigation and With the cooperation of Panther, it was discovered that following

his theft of Global Verge's confidential and proprietary informatlcn, Kevin Sipes ("SiJX=s") at Panther began contact with Greco.

1.4. Upon invcstisation and with the cooperation of Panther, it watJ discovered that through

the use of Global Verge's confidential and proprietary information, Greco and Sipes conspired and collaborated to utilize the Confid.cotial Jnfom:aation to contact Global Verge's clients on behalf of PIllIh<.."T to provide them false and misleading infbrmation about Global Verge in an attempt 1.0 solicit Global Verge's clients to join Panther.

1.5. Global Verge had valid and existing contractual relationships with its customers,

suppliers, and vendors. Upon investigation and with the cooperation of Panther, it was discovered that Greco and Sipes knew of the existence of Global Verge's contractual relationships and conspired and collaborated to directly and indirectly 80JtciL Global Verge's customcIll. suppliers and vendors to terminate or curtail their existing and procpcctive contractual relationshipS with Global Verge and, imtelU.l, enter into contractual relations for tho performance of those contl'acts with Patlther.

1.6. Greco and Sipes wrongful 8Olicitations of Global Verge's customera, suppliers and

vendors actually disrupted and/or terminated Global Verp's contractual relatiomhips with its customers, suppUertl and vendors and was the proxilmltc cause of significmt damages to Global Verge.

1.7. Upon investigation and with the cooperation of Panther. it was discovered that Greco and

Panther (through its then President Sipes) published tillse and disparaging statements about Global Verge to third parties with malice and the intent to hann Global Verge.

1.S. On or about May 5,2010. Global Verge filed a Complaint against, among others. Panther

in the Eighth Judicial District Court in Clark County, Nevada allcbring claims against Panther for Misappropriation of Trade Secrets, Tortious Interference with Contracnwl Relations, Tortious Interference With Prospective Economic A;dvantage, Business Disparagement, Injunctive Relief. and Concert of Action (the "Litigation").

Page 1 of6

1.9. Following the filing of the Litigation and upon an investigation with the cooperation of

Panther, it was discovered that Greco and Sipes conspired and collaborated on behalf of Panther without the express knowledge ofPanther'S primary shareholder - Harry M. Aston.

1.10. Accordingly, in a compromise of each of their positions and rights, the Parties desire to enter into this Agreerr« .. mt tu resolve their respective dillputc.~ related to Litigation upon the terms and conditions stated herein.

Z. TERMS OF AGREEMENt.

The Parties agree to lhe following terms and conditions and agree to perform any and all acts necessary, which shall include the execution of any and all necessary documents, in order to implement this Agreement and understanding as provided herein:

2.1 Panther sbalJ pay the confidential lump sum payment more particularly identified on

Exhibit 1 attached hereto (the "Confidential Payment") to Global Verge clo Marquis & Aurbaeh 10001 Parle Run Drive, Las Vegas, Nevada 89145.

2.2 Pancher hereby agrees MO covenants to destroy and/or return any Confidential

Information in its possession and that it will not intentionally actively recruit any then-current Global

Verse c-Associatc. "'.

2.3 The parties acknowledge that Panther may have potential claims against Sipes and Greco

due to. among other things, the fraudulent and conspiratory conduct set forth above. Accordmgty, Panther hereby releases and assigns to Global Verge all claims and awards of damages it may have against Greco and Sipes individually and any of their entities, pseudo entities or aliases, Nevertheless and notwithstanding the foregoing. any and aU personal claims held by Harry M. Aston against Sipes and Greco are expressly retained by Harry M. A,ton. Panther hereby assigns to Global Verge the exclusive authority to resolve all claims and a.wards of damages it may have against Greco and Sipes individually and any of their entities, pseudo entities or aliases. Panther further agrees to provide any and all reasonable assistance to Global Verge in it'! pursuit of tile claims agailUlt Greco WId Sipes individually and any of their entities, pseudo entities or aliasea including, but not limited to, pmvi4.lil'lg a.ffidavit.'!, evidence, declarations, appearing for deposiuons or trial, and assisting with any all responses to discovery at reasonable times and location and upon reasonable advanced notice. However. the Parties agree that Global Verge will be solely responsible for payment of all attorney fees and costs generated in pursuit of any claims on its own behalf or on behalf of Panther against GTCCU and Sipe.."i individually and any of their entities, pseudo entities or aliagcg.

2.4 Panther agra.:li t.u waive any disclosed or reasonably foreseeable conflicts of interest

which may arise due to any legal representation relative to the prosecution ofiLIi clalms against Greco and Sipes individually and any of their entities, pseudo entities or aliases, and agree to allow Global Verge's attorneys, which shall include but is not limited to tbe law firm of Marquis & Aurbach, to proceed on its behalf in the prosecution of said ctaimlJ.

2.5 Upon the receipt of a fully ,*ecuWd Agreement, the Global Verge hereby stipulates and

agrees to immediately and volunwily dismis~ Panther from the Litigation with prejudice.

2.6 Upon fulfillment of the terms of Agre~-mcnL, the Parties each fully and completely release

each other and their past and present officers, directors, shareholders, employees, agents, attorneys, representatives and all other related parties f(Om any and aU claims, demands, debts, liabilities, damages, oauses of action of whatever kind or nature, known or unknown, arising out of or relating to the Litigation

Page 2. of6

save and except any and all claims demands. debts, liabilities. damages which either party may have

against Greco and Sipes. :

3. CONFIDENTIALITY.

The: Parties, including affiliates., agent'l, employees, consulta:D.ts, contractors, experts, attorneys. and ~countants, shalt not, directly or inditectly, generally, or specifically, disseminate, disclose, or otherwise comrnunieate in any way to any oUtside parties the amount of'the Confidential Payment or the conditions set forth in Exhibit 1 (the "Confidential Portions"). except that the Parties muy I.JiKCloMe the foregoing infoTmaltion if Much diKCloKure ill made in response to an order of a court of competent jurisdictien under the terms of a protective order. However, all other terms and conditions of this Agreement shall not be deemed confidential and may be released in conjunction with the continulng and ongoing litigatien as well &'1 in rcHPO~C to any and all inquiries into the status of the pending litigation.

B. The 1'Iutie... shall limit (he use of and access to the Confidential Portions of this

Agreement to its' affiliates. agents, employees, coo$ultanfS, contractors, experts. attomeys, and accountants who have a need to know about such terms of this Agreement. The Parties shall notifY al1 affiliates, agents. c.."m}lloyc."CII, consultanlEl. oonlract~ experts, attorneys, and accouotant8 who have access to the Confidential Portions of this Aareement or to whom disclosure is made of the Confidential Portions of this Agreement that portions of the Agreement are confidential and must be lcept in Htri<;tclll confidence. The Parties shall enter into appropriate agrecmc."llbi and take appropriate precautions to protect the Confidential'P(lrtions of this Agl'¢mcnt The Partie& shall be responsible tor any unauthorized use, reproduction, or disclosure of the Confidential Portions of this Agreement by any of their a:tIl.liates, agents, employees, c:onsu.ltants. contractor'S, experts, attorneys, and accountants.

b. In the event of any actual or threatened violation or breach of the cunfidentiality

provision of this Agreement, The Parties asree that the innocent party shall be entitled to all legal and equitable remedies. afforded it by law, in(liuding an injunction or any appropriate decree and actual damage~. In addition to any and all other tonus of relief. the party may recover from the offendin.,: party all reasonable costs and attorneys' fee$ incurred in seeking any such legal or equitable remedy.

c. The Parties agree to immediately notify the other party of any theft or unlluthorized

disclosure or reproduction of the Confidential Portions of thil'l Agreement of which either party has knowledge. The reporting party shall include in such notice the name, title, and i.l.d.dre.'ls of any party. whether or nul an agent or employee of that party. whom that party reasonably believes bu unauthorized possession of or made unauthorized disclosure or reproductiolUl of the Cc.mfid(.'11tial Pertlons of this Agrc:cment. Such notice shall be sent by registered or certified mail.

4. INDEMNIFICATION.

111 the event that any Party shan fail to comply with any term, condition. obligation, covenant, warranty, or the like contained in this AJ::,rrecJnl,."I1t lIuch Party shan indemnitY. defend, save and hold the other Party harmless from any and aU damage and/or liability arising from such failure to comply with the terms and conditions ofthis Agreement.

5. ATIORNEYS' FEES.

Each Party shall bear itl,; u\\ln fees and costs related to the resolution of this matter, the drafting and nel0tialion of this Agreement, ODd any other matters related to the settlement conteMplated herein. If any legal action or other proceeding is brought by either Party tu enforce this Agreement or to recover damages or equitable relief for a breach thcr~of, the prevailing party shall be entitled to recover its coats,

Page 30(6

expert witness tees, consulting fees and reasonable attorneys' fees, which amount shall be determined by the Court and not a jury. Nothing herein is intended or should be construed as a waiver of the right to request a jury in any legal proceeding bruu,ght by any Party to enforce this Agreement or to recover damages or equitable relief fur breach thd'cut

6. ENTIRE AGREEMENT.

All prior or contemporaneous unde.rstandings OT agreements between the Parties are merged into this Agreement, and this Agreement expresses the entire llb'T'ecment between the Parties, This Agreement may be modifled only in writing. signed by all the Parties, and no term or provision may be waived except by such writing. There are no other agreements or representations, express or implied, either oral or in writing, between the Parties concerning the subjcct matter uf thiM Agreement, except as specifically set forth in this Agreement. The Parties atknowledge and agree that they have been represented by counsel in connection with the preparation, negotiation, and execution of this Agreement.

7. APPLICABLE LAW.

This At.rreement was drafted through the joint efforts of the Parties through their respective counsel. Accordingly, no rule of construction against the dntfting Party shall be implemented; instead, this Agreement shall be interpreted in accordance with the fair meaning of its terms. This Agreement is intended to be enforced according to it.'! written terms exclusively under the laws of the State of Nevada. Venue for any legal action concerning this Aareement shall lie exclusively in tbeEi8hth Judicial District Court, Clark County, Nevada. and the Parties consent to jurisdiction and venue in such Court.

8. BENEFIT.

This Agreement shall be binding upOn and inure to the benefit of the Parties, and each of them. their successors. assigns. personal representatives, ag{""I1t3, employees, directors. officers and servants.

9. COUNTERPARTS.

This Agreement lUay be executed in any number of counterparts and each counterpart executed by any of the undersigned together with all other counterparts so executed shall constitute a single instrument and agreement of the undersigned. Facsimile copies s hereof and facsimile signatures hereon shall have the same force lind effect as origin.ls.

10. SEVERABILrIY.

Wherever possible. each term, covenant and condition of this Agreement shall be interpreted in such manner as to be valid under aptlHcablc law. but if any provision shall be invalid, such provision shall he ineffective but shan not invalidate the . remainder of the terms, covenants or conditions of this Agreement.

11. HEADINGS AND CAPTIONS.

The section headings and captions in this Agreement are inserted for convenience and reference only, and the parties intend that they shall be disregarded in interpreting tho terms. covenants, conditions and provisions of this Agreement

Page 4 of6

11. FURTHER INSTRUCTIONS.

The Parties shall take such actions and execute, acknowledge, and deliver such other instmmet1ts tlnu Uuoutn~nl.s u mlly be necessary OT Il""TOI,riatc to carry out the fun intent and purpose of this Agreement.

13. MUTUAL WARRANTIES.

Eaoh party to this Agreement warrants and represents to the other that they have not assigned or transferred to any person not a party hereto any claim or othc;r reteascd matter, OT any part or portion thereof, and that each PII1y hu the authority to execute this Agreement.

14. BACKGROUND PROVlSlONS.

The provisions of Section 1 above a~ incorporated into and made a. substantive part of this

Aaroement and are Dot mere recitals. 0

IN 'WITNESS WHEREOF. the PartiC':6 have executed this Agreement on the Effective Date.

GLOBAL VERGE. INC., a Nevada Corporation

MAKE AMERICA SHINE PRODUCTS. LLC dba PANTHER MOBrLE

~mgM=~

of

PANTHER MORTLE, INC.,

l~

. Aston, President

"Page S of6

EXHIBIT 2

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 ACOM

Marquis & Aurbach

2 A VECE M. HIGBEE, ESQ.

Nevada Bar No. 3739

3 BRIAN R. HARDY, ESQ.

Nevada Bar No. 10068

4 10001 Park Run Drive Las Vegas, Nevada 89145

5 (702) 382-0711

(702) 382-5816 Facsimile

6 ahigbee@marquisaurbach.com

bhardy@marguisaurbach.com

7 Attorneys for Plaintiffs

Electronically Filed 05/12/2010 11 :55: 1 0 AM

..

~~.~

CLERK OF THE COURT

DISTRICT COURT

CLARK COUNTY, NEVADA

GLOBAL VERGE, INC., a Nevada Corporation and ALL WIRELESS SERVICE, INC., a Florida Corporation,

Plaintiff,

vs.

CHRISTOPHER GRECO, an individual; MAKE AMERICA SHINE PRODUCTS, LLC dba PANTHER MOBILE; UNLIMITED WIZARD CELLULAR, INC. dba ACTIVATION KING WIRELESS, a South Carolina Corporation; and Roe Corporations I through X, and Does I through X, inclusive

Defendants.

Case No.:

Dept. No.

A-10-615937-B XIII

Plaintiffs, Globalverge, Inc. ("Global Verge") and All Wireless Service, Inc. ("All Wireless"), by and through their counsel of record, Marquis & Aurbach, hereby claims against Defendants Christopher Greco ("Greco"), Make America Shine, LLC dba Panther Mobile ("Panther") and Unlimited Wizard Cellular, Inc. dba Activation King Wireless ("AKW")(collectively the "Defendants") and alleges as follows:

AMENDED COMPLAINT EXEMPT FROM ARBITRATION (Damages In Excess of $50,000 and Requests Injunctive Relief)

1.

JURISDICTIONAL ALLEGATIONS

Plaintiff Global Verge is and was at all times relevant, a Nevada corporation

authorized to do business in Clark County, Nevada.

Page I of 17

M&A:11429-002 104621 6_ I. DOC 51121201011:55 AM

10

3

M&A: 11429-002 1046216_lDOC 51121201011:55 AM

2. Plaintiff All Wireless is and was at all times relevant herein, a Florida

2 corporation.

3.

Upon information and belief, Defendant Greco is and was at all times relevant, a

4 resident of South Carolina, and a Manger of Panther and Director of AKW.

5

4.

Upon information and belief, Defendant Panther was is and was at all times

6 relevant, a corporation conducting business online at www.panthermobile.com with its offices

7 located at 5454 Lena Road Suite 104, Bradenton, Florida 34211.

8

5.

Upon information and belief, Defendant Panther is owned and/or operated by

9 Defendant Greco and Kevin Sipe.

6.

Upon information and belief, Defendant Panther actively solicits customers and

12

11 conducts business in Clark County, Nevada.

7.

Defendant AKW is and was at alJ times relevant, a South Carolina corporation

13 14 15 16 17 18 19

conducting business online at www.activationkingwireless.com with its offices located at 1515

Cannon Road, Myrtle Beach, South Carolina 29577.

8. Upon information and belief, Defendant AKW is owned and/or operated solely by

Defendant Greco and is a technology provider to Panther.

9. Upon information and belief, Defendant AKW actively solicits customers and

conducts business in Clark County, Nevada.

10.

The true names and capacities, whether individual, corporate, associate, or

20 otherwise of the Defendants named herein as Roe Corporations I through X, and Does I through

21 X, inclusive, are unknown to Plaintiff at this time, who therefore sues said Defendants by

22 fictitious names and will ask leave of the Court to amend this Complaint to show the true names

23 and capacities of Defendants when the same are ascertained. Said Doe and Roe Defendants are

24 responsible for damages suffered by Plaintiff; therefore, Plaintiff sues said Defendants by such

25 fictitious names.

26 INTRODUCTION

27 28

11.

Global Verge provides products and services through a unique business model

which allows individuals and companies to purchase products at wholesale and sell any or all of Page 2 of 17

3

14.

On or about November 15, 2009, Global Verge contracted with, what it believed

the products from a retail store. One of the many products offered by Global Verge is pre-paid

2 wireless mobile telecommunication services.

12.

All Wireless is a service provider for pre-paid wireless mobile

4 telecommunication services.

5

13.

Defendant Greco is not nor has ever been an owner, agent or affiliate of All

6 Wireless.

7 THE FRAUDULENT AGREEMENT

8

9 to be, All Wireless (the "Fraudulent Service Agreement"). A true and correct copy of the

10 Fraudulent Service Agreement is attached hereto as Exhibit 1.

11

15.

The Fraudulent Service Agreement was presented to Global Verge by Defendant

12 Greco who represented that he was an owner of All Wireless.

13 14 15 16 17 18 19

16. The Fraudulent Service Agreement was executed by Defendant Greco who

represented therein that he was an owner of All Wireless.

17. In reliance upon the Fraudulent Service Agreement, Global Verge made payments

in the sum of $123,000.00 into what it believed to be an All Wireless account at Southern I Commerce Bank and payments in the sum of $51,650.00 to an account Global Verge has since learned was controlled by Defendant AKW.

18.

In reliance upon Section 13 of the Fraudulent Service Agreement, Global Verge

20 allowed Greco access to its confidential and proprietary information which included, among

21 other things, its client lists and contact information.

22

19.

Despite receipt of the foregoing payments, Defendant Greco failed to provide all

23 services under the Fraudulent Service Agreement.

25

24 THE FRAUDULENT ACCOUNT

20.

In or around November 2009, Defendant Greco individually and/or through

26 Defendant AKW opened an account at Southern Commerce Bank under the name All Wireless

27 Services Inc. without the approval or authorization of All Wireless (the "Fraudulent Account").

28

Page 3 of 17

M&A: 11429-002 1046216_I,DOC 5/1212010 11:55 AM

1

M&A:11429-002 I046216_IDOC 5112/2010 11:55 AM

21.

Defendant Greco directed Global Verge to deposit its payments under the

2 Fraudulent Service Agreement into the Fraudulent Account.

3

22.

Global Verge made payments to in the sum of $123,000.00 into the Fraudulent

4 Account.

Defendant Greco withdrew all funds out of the Fraudulent Account.

5 6

23. 24.

During the month of December 2009 alone, Greco wrote checks to himself or

7 made payable to "CASH" in the sum of $55,200.00.

8 ALLEGATIONS OF FRAUDULENT LITIGATION

9

25.

When it was discovered that Greco had opened the Fraudulent Account and

10 entered into the Fraudulent Service Agreement, Global Verge demanded, among other things,

11 that he return its payments.

26.

Rather than return the ill-gotten funds, Greco used Global Verge's confidential

and proprietary information against it by sending out mass emails to Global Verge's clients with allegations that a lawsuit had been filed by AKW against Global Verge for "full disclosure" indicating that Global Verge was instable and unable to continue conducting business. In support of his allegations, Greco attached a copy of a Civil Cover Sheet from the United States District Court for the Southern District of New York (the "Fraudulent Civil Cover Sheet"). A true and correct copy of an email sent out by Greco with the enclosed Fraudulent Civil Cover

19 Sheet is attached hereto as Exhibit 2.

20

27.

Upon information and belief, Greco downloaded a form civil cover sheet

21 available to the public from the United States District Court for the Southern District of New

22 York's website and filled it in with false information. I

23

28.

On the Fraudulent Civil Cover Sheet, Greco identified the attorney of record for

24 AKW as "Max Weinberg" of the law firm of "Weinberg Kohler and (sic) associates".

25

29.

A search of licensed attorneys in New York evidences that there is no Max

26 Weinberg nor law firm of Weinberg Kohler and Associates.

27 28

J A civil cover sheet form can be obtained at http://www.nysd.uscourts.gov/cases!show.php?db==fonns&id==120.

Page 4 of 17

4

M&A: 11429·002 1046216_1.DOC 5112/2010 I J :55 AM

30. A search of the United States District Court records shows that neither AKW nor

2 Global Verge are a party to any current federal litigation.

3 FORMATION OF COMPETING COMPANY

31.

Upon information and belief, following his departure with Global Verge's

5 confidential and proprietary information, Defendant Greco contacted Kevin Sipe at Defendant

6 Panther.

7

32.

Upon information and belief, through the use of Global Verge's confidential and

8 proprietary information, Defendant Greco and others at Defendant Panther contacted Global

9 Verge's clients and provided them false and misleading information about Global Verge in an

10 attempt to solicit Global Verge's clients to join Defendant Panther.

11

33.

Upon information and belief, Defendant Panther knowingly acquired and

12 appropriated Global Verge's confidential and proprietary information from Defendant Greco.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

FIRST CAUSE OF ACTION (Misappropriation of Trade Secrets, NRS 600A.OIO, Et Seq.)

34. Global Verge repeats, realleges and incorporates by this reference, each and every

allegation contained above, inclusive, as if they were fully set forth herein.

35. Defendant Greco obtained Global Verge's confidential and proprietary trade

secret information through fraud, artifice or deception.

36. Upon information and belief, Defendant Greco misappropriated Global Verge's

confidential and proprietary trade secret information including, but not limited to, client lists and contact information with the intent to injure Global Verge in violation ofNRS 600A.035.

37. Global Verge has incurred significant costs in the creation and development of its

confidential and proprietary trade secret information, derives independent economic value by virtue of its not being generally known to, and not being readily ascertainable through proper means by, others who can obtain economic value from its disclosure or use.

38. Upon information and belief, Defendants Greco and Panther have used and are

now using Global Verge's confidential and proprietary trade secret information without Global

Verge's consent.

Page 5 of 17

3

M&A: 11429-002 1046216_J.DOC 5/12/201011:55 AM

39. As a direct and proximate result of the Defendants Greco and Panther's conduct,

2 Global Verge has suffered damages in excess of$10,000.00.

40.

As a direct and proximate result of the Defendants Greco and Panther's willful,

4 wanton and/or reckless misappropriation and disregard of Global Verge's rights as the owner of

5 the misappropriated trade secrets, pursuant to NRS 600A050, Global Verge is also entitled to

6 exemplary damages in an amount to be determined at trial.

7

41.

As a result of Defendants Greco and Panther's willful and malicious

8 misappropriation of Global Verge's trade secrets, pursuant to NRS 600A060, Global Verge is

9 further is entitled to an award of attorneys' fees and costs.

10 SECOND CAUSE OF ACTION

(Tortious Interference with Contractual Relations)

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

42. Global Verge repeats, realleges and incorporates by this reference, each and every

allegation contained above, inclusive, as if they were fully set forth herein.

43. Global Verge had valid and existing contractual relationships with its customers,

suppliers, and vendors.

44. Defendants Greco and Panther's knew of the existence of those contractual

relationships.

45. Upon information and belief, Defendants Greco and Panther directly and

indirectly solicited Global Verge's customers to terminate or curtail their existing contractual relationships with Global Verge and, instead, enter into contractual relations for the performance of those contracts with Panther.

46. Defendants Greco and Panther's solicitation of Global Verge's customers,

suppliers and vendors was intentional, wrongful and designed to disrupt and/or terminate Global Verge's contractual relationships with its customers, suppliers and vendors.

47. Defendants Greco and Panther's wrongful solicitations of Global Verge's

customers, suppliers and vendors actually disrupted and/or terminated Global Verge's contractual relationships with its customers, suppliers and vendors.

Page 6 of 17

7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3

M&A:11429-002 1046216_1.DOC 5112/2010 IUS AM

48. As a direct and proximate result of Defendants Greco and Panther's conduct,

2 Global Verge's has suffered damages in excess of$10,000.00.

49.

It has been necessary for Global Verge to obtain the services of attorneys to

4 prosecute this action. Accordingly, Global Verge is entitled to an award of attorneys' fees and

5 costs.

6 THIRD CAUSE OF ACTION

(Tortious Interference With Prospective Economic Advantage)

50. Global Verge repeats, realleges and incorporates by this reference, each and every

allegation contained above, inclusive, as if they were fully set forth herein.

51. Global Verge had prospective contractual relationships with its customers,

suppliers and vendors.

52. Defendants Greco and Panther knew or should have known of the existence of

those prospective contractual relationships.

53. Upon information and belief, Defendants Greco and Panther contacted one or

more of Global Verge's customers, suppliers and/or vendors providing them with false and misleading information so that the customers, suppliers and/or vendors would no longer do business with Global Verge and should shift their future business to Panther.

54. In soliciting Global Verge's customers, suppliers and vendors in this manner,

Defendants Greco and Panther's wrongfully intended to harm Global Verge by improperly

preventing its prospective contractual relationships.

55. Defendants Greco and Panther did not have a legal privilege or justification to

interfere with Global Verge's prospective contractual relationships.

56. As a direct and proximate result of Defendants Greco and Panther's conduct,

Global Verge has suffered damages in excess of$10,000.00.

57. It has been necessary for Global Verge to obtain the services of attorneys to

prosecute this action. Accordingly, Global Verge is entitled to an award of attorneys' fees and

costs.

Page 7 of 17

2 3 4 5 6 7 8 9

10 11 12

o ~ 13 -< tn~

I=Q ,,<t~ 14

~·:::O::N

::J o~~

< §-g~ 15

_101 ~ it; x <>Q~Z<:

'" "~

~ ~~;::: 16

;::Jg~9 ot;:~~

~ -l~ 17

-( 8'

:E t:- 18

19 20 21

FOURTH CAUSE OF ACTION (Business Disparagement)

58. Global Verge repeats, realleges and incorporates by this reference, each and every

allegation contained above, inclusive, as if they were fully set forth herein.

59. Defendants Greco and Panther published false and disparaging statement about

Global Verge to third parties.

60. Defendants Greco and Panther's publication of false and disparaging statements

about Global Verge were unprivileged publications.

61. Defendants Greco and Panther's publication of false and disparaging statements

about Global Verge were made with malice in that Defendants Greco and Panther published the disparaging statements with the intent to cause harm to Global Verge and/or published the disparaging statements knowing the falsity of said statements or with a reckless disregard for the truth of said statements.

62. Defendants Greco and Panther's publication of false and disparaging statements

about Global Verge are the proximate cause of the special damages to Global Verge in an amount in excess of$10,000.00.

costs.

FIFTH CAUSE OF ACTION (Injunctive Relief)

64.

Global Verge repeats, realleges and incorporates by this reference, each and every

22 allegation contained above, inclusive, as if they were fully set forth herein.

23

65.

Upon information and belief, Defendants Greco and Panther have reproduced and

24 republished false and disparaging statements regarding Global Verge and will continue to

25 publish the false and disparaging statements unless legally restrained.

26

66.

If Defendants Greco and Panther are not enjoined from continuing to publish,

27 reproduce and/or distribute false and disparaging statements causing Global Verger irreparable

28 harm.

Page 8 of 17

M&A: 11429-002 1046216_I.DOC 5/12/2010 II :55 AM

3

M&A:11429-002 1 0462 1 6_1.DOC 51121201011:55 AM

67. Defendant Greco misappropriated protected confidential and proprietary trade

2 secret information from Global Verge in violation ofNRS 600A.035.

68.

Defendants Greco and Panther are benefiting from the confidential and

4 proprietary trade secret information stolen from Global Verge and are currently contacting

5 clients from the client lists taken from Global Verge.

6

69.

If Defendants Greco and Panther are not enjoined from using the confidential and

7 proprietary trade secret information stolen from Global Verge, Global Verge will suffer

8 irreparable harm

9

70.

Based upon the foregoing, this Court should issue a temporary restraining order,

10 preliminary injunction, and permanent injunction enjoining Defendants Greco and Panther from

11 continuing to publish, reproduce andlor distribute the false and defamatory statements and from

12 using the confidential and proprietary trade secret information stolen from Global Verge.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SIXTH CAUSE OF ACTION (Deceptive Trade Practices, NRS 598 et. al.)

71. Global Verge and All Wireless repeats, realleges and incorporates by this

reference, each and every allegation contained above, inclusive, as if they were fully set forth

herein.

72. A person engages in a deceptive trade practice if they knowingly pass off goods

or services as those of another person; knowingly make a false representation as to the source, sponsorship, approval or certification of goods or services; knowingly make a false representation as to affiliation, connection or association with and another; knowingly makes a false representation as to the sponsorship, approval, status, affiliation or connection of another; knowingly disparage the goods, services or business of another by false or misleading representations of fact; advertise goods or services with the intent not to provide such services; fraudulently alters any contract or other document in connection with the sale or lease of goods or services; and knowingly makes any other false representation in a transaction. (NRS

598.0915)

Page 9 of 17

5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3

M&A:11429·002 I046216_I.DOC 5/12/20101155 AM

73. Defendants Greco and/or AKW knowingly engaged in the deceptive trade

2 practices set forth above.

74.

As a direct and proximate result of Defendants Greco and/or AKW's conduct,

4 Global Verge and All Wireless have suffered damages in excess of$10,000.00.

75.

As a direct and proximate result of the aforementioned acts, it has become

necessary for Global Verge and All Wireless to secure the services of an attorney to prosecute this action. Accordingly, Global Verge is entitled to an award of attorneys' fees and costs herein

as well as treble damages pursuant to NRS 598.0999(3).

SEVENTH CAUSE OF ACTION (Fraud)

76.

Global Verge and All Wireless repeats, realleges and incorporates by this

reference, each and every allegation contained above, inclusive, as if they were fully set forth

herein.

77. In or around November 2009, Defendant Greco individually and/or through

Defendant AKW opened the Fraudulent Account.

78. On or about November 15,2009, Global Verge was presented with the Fraudulent

Service Agreement by Defendant Greco who represented that he was an owner of All Wireless.

79. In reliance upon the Fraudulent Service Agreement, Global Verge made payments

in the sum of $123,000.00 into the Fraudulent Account and payments in the sum of $51,650.00 to an account Global Verge since learned was controlled by Defendant AKW.

80.

In reliance upon Section 13 of the Fraudulent Service Agreement, Global Verge

allowed Greco access to its confidential and proprietary information which included, among other things, its client lists and contact information.

81.

In or around February 16, 2010, Greco sent out mass emails to Global Verge's

clients with allegations that a lawsuit had been filed by AKW against Global Verge with the Fraudulent Civil Cover Sheet attached thereto.

Page 10 of 17

9 10 11

4

As a direct and proximate result of the aforementioned acts, it has become

82. Upon information and belief, the acts, conduct and behavior of the Defendants,

2 each of them, were performed knowingly, intentionally, oppressively, and maliciously, by reason

3 of which Global Verge and All Wireless are entitled to punitive damages.

83.

As a direct and proximate result of Defendants Greco and/or AKW's conduct,

5 Global Verge and All Wireless have suffered damages in excess of$10,000.00.

6

84.

7 necessary for Global Verge and All Wireless to secure the services of an attorney to prosecute

8 this action. Accordingly, Global Verge is entitled to an award of attorneys' fees and costs.

85.

EIGHTH CAUSE OF ACTION (Civil Conspiracy)

Global Verge and All Wireless repeat, reallege and incorporate by reference the

12 allegations identified above with the same force and effect as if herein set forth.

13 14 15 16 17 18

86. Upon information and belief, the Defendants Greco and AKW conspired to

accomplish an unlawful objective for the purpose of harming Global Verge and All Wireless.

87. Among other things, Defendants Greco and AKW conspired to use All Wireless'

name to defraud Global Verge and others within the mobile telecommunications industry.

88. Upon information and belief, Defendants Greco and Panther conspired to, among

other things, misappropriate Global Verge's confidential and proprietary trade secret

20

19 information.

89.

As a direct result of the conduct of Defendants Greco and AKW Global Verge

22

21 and All Wireless are entitled to compensatory damages.

90.

As a direct result of the conduct of Defendants Greco and Panther Global Verge is

24

23 entitled to compensatory damages.

91.

Upon information and belief, the acts, conduct and behavior of the Defendants,

25 each of them, were performed knowingly, intentionally, oppressively, and maliciously, by reason

26 of which Global Verge and All Wireless are entitled to punitive damages.

27 28

Page 11 of 17

M&A:11429-002 1046216_lDOC 5/121201011:55 AM

5 6 7 8 9

10 11 12

a ~ 13 < :z

~ .,::i! ~ 14 ~ .;:;O::N' 00""0

-< § ~!:::, 15

_hi Cl': ~ >< Q(,j i z_ ~

;a ~ ~= 16 o 8~8

Ql~;q~ 17

~ ...:I",

~ ~ 18

19 20 21 22 23 24 25 26 27 28

1

M&A:J J429·002 J046216_JDOC 5/12/201011:55 AM

92.

It has been necessary for Global Verge and All Wireless to obtain the services of

2 attorneys to prosecute this action. Accordingly, Global Verge and All Wireless are entitled to an

3 award of attorneys' fees and costs.

4 NINTH CAUSE OF ACTION

(Concert of Action)

93. Global Verge and All Wireless repeat, reallege and incorporate by reference the

allegations identified above with the same force and effect as if herein set forth.

94. Upon information and belief, the Defendants, each of them, conspired to

accomplish an unlawful objective for the purpose of harming the Global Verge and All Wireless.

95. Upon information and belief, the Defendants undertook a common plan to commit

tortious acts where the participants, each of them, took substantial affirmative steps to harm Global Verge and/or All Wireless.

96. As a direct result of the conduct of the Defendants, each of them, Global Verge

and All Wireless are entitled to compensatory damages.

97. Upon information and belief, the acts, conduct and behavior of the Defendants,

each of them, were performed knowingly, intentionally, oppressively, and maliciously, by reason of which Global Verge and All Wireless are entitled to punitive damages.

98. It has been necessary for Global Verge and All Wireless to obtain the services of

attorneys to prosecute this action. Accordingly, Global Verge and All Wireless are entitled to an award of attorneys' fees and costs.

TENTH CAUSE OF ACTION (Unjust Enrichment)

99. Global Verge repeats, realleges and incorporates by reference the allegations

identified above with the same force and effect as if herein set forth.

100. Upon information and belief, Defendant Greco has retained and is continuing to

retain monies paid by Global Verge for under the Fraudulent Agreement.

101. Defendant Greco has enjoyed the benefit of the Global Verge's payments under

circumstances where it is inequitable for him to retain such benefit.

Page 12 of 17

1

102. As a direct and proximate result of the Defendant Greco's actions, Global Verge

2 has suffered damages in excess of $1 0,000.00.

3

103. It has been necessary for Global Verge to obtain the services of attorneys to

4 prosecute this action. Accordingly, Global Verge is entitled to an award of attorneys' fees and

5 costs of suit.

6 7 8

ELEVENTH CAUSE OF ACTION

(Trademark Infringement Under NRS 600.420 and 15 U.S.C. §1114)

104. Global Verge repeats, realleges, and incorporates each and every paragraph

9 contained above as though fully set forth herein.

10

105. The GLOBAL VERGE name and logo are marks owned by Global Verge and are

11 registered with the Nevada Secretary of State as follows:

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

GLOBAL VERGE: Trademark Registration for comprehensive telecommunication services.

106. Further, the Global Verge name and logo are currently pending before the United States Patent & Trademark Office ("USPTO") under Serial Number 77818286 for the following

goods and services:

IC 035. US 100 101 102. G & S: Advisory services relating to business management and business operations; Multi-level marketing business services; On-line business networking services; Online retail store services featuring telecommunications service plans and telecommunications service activation; Online retail store services featuring a variety of merchandise and services, namely, power saving devices, water making devices, travel services, identity recovery services, video conferencing services, computers, electronics and telephones; Multi-level marketing services featuring a variety of merchandise and services, namely, power saving devices, water making devices, travel services, identity recovery services, video conferencing services, computers, electronics and telephones.

IC 038. US 100 101 104. G & S: Cellular telephone services; Computerised telephony services; Data transmission and reception services via telecommunication means; Fixed and mobile telephone services; Instant messaging services; Telecommunication services in the nature of providing telephone features, namely, call waiting, call identification, call forwarding, and message waiting; and Voice over internet protocol (VOIP) services.

IC 039. US 100 105. G & S: Travel agency services, namely, making reservations and bookings for transportation; Travel and tour information service; Travel and tour ticket reservation service; Travel information services; Providing an on-line computer database in the field of travel information services; and Providing an on-line searchable computer database featuring information on travel.

Page 13 of 17

M&A:11429-002 1046216_I.DOC 51121201011 :55 AM

10

2 3 4

M&A:11429-002 1046216_LDOC 5112/201011:55 AM

Ie 041. US 100 101 107. G & S: Training courses in strategic planning relating to advertising, promotion, marketing and business; Education services, namely, providing online classes, seminars, and workshops in the fields of marketing, business development and business management; Educational services, namely, providing information to members of a multi-level marketing network in the fields of business development, marketing and business management.

5 (collectively with the Nevada Registered marks the "GLOBAL VERGE Marks").

6

107. The GLOBAL VERGE Marks have been in continuous use since 2008 and the

7 foregoing registrations have not been abandoned, canceled, or revoked.

8

108. Global Verge has spent substantial time and funds to advertise and promote the

9 GLOBAL VERGE Marks through, among other things, the Internet.

109. Global Verge owns and operates websites accessible throughout Nevada, the

11 United States, and around the world at globalverge.com, globalvergecompplan.com,

12 globalvergeonlinemarketing.com.

110. Based upon its mark registrations, and extensive use, the Plaintiffs owns the

exclusive right to use the GLOBAL VERGE Marks in Nevada and within the United States.

111. On or about January 29, 2010, Defendant Greco, through his company AKW, registered the globalverge.us Internet domain name with GoDaddy.com, Inc. ("GoDaddy"), a domain name registrar. The globalverge.us domain name contains the GLOBAL VERGE Marks. 112. Some time after registration, Defendants Greco and/or AKW placed links on the

19 globalverge.us domain name to competing websites including that of Defendant AKW.

20

113. Defendants Greco and/or AKW have not registered nor used the globalverge.us

21 domain name in good faith.

22

114. By registering and usmg a domain name containing the GLOBAL VERGE

23 Marks, Defendants Greco and/or AKW were and are attempting to trade on the goodwill of

24 GLOBAL VERGE.

25

115. By registering and using the globalverge.us domain name, Defendants Greco

26 and/or AKW are and were attempting to frustrate or divert internet traffic and patrons intended

27 for or seeking association with Global Verge.

28

Page 14 of 17

1

118. Defendants Greco and/or AKW's use in commerce of GLOBAL VERGE Marks

116. By registering and using the globalverge.us domain name, Defendants Greco

2 andlor AKW are and were attempting to confuse those individuals seeking to conduct business

3 with Global Verge.

4

117. Defendants Greco andlor AKW have used andlor are using the globalverge.us

5 domain name, which contains the GLOBAL VERGE Marks, without the Plaintiffs consent.

6

7 and/or marks confusingly similar to the GLOBAL VERGE Marks in the globalverge.us Internet

8 domain name constitutes a reproduction, copying, counterfeiting, and colorable imitation of the

9 GLOBAL VERGE Marks in a manner that is likely to cause confusion or mistake or that is

10 likely to deceive others.

11

119. By using the GLOBAL VERGE Marks andlor marks confusingly similar to the

12 GLOBAL VERGE Marks with the knowledge that Global Verge owns and has used, and

13 14 15 16 17 18

continues to use, its trademarks in, among other locations, Clark County, Nevada, the Defendants

Greco andlor AKW's have intended to cause confusion, mistake, or deceive others.

120. Defendants Greco andlor AKW are also using marks that are the same andlor confusingly similar to the GLOBAL VERGE Marks in the globalverge.us domain name to cause initial interest confusion and to divert Internet users away from the Global Verge's websites.

121. As a direct and proximate result of Defendants Greco andlor AKW's

19 infringement, Global Verge has suffered, and will continue to suffer, monetary loss and

20 irreparable injury to its business reputation and goodwill.

21

122. Based upon the foregoing, Global Verge has been forced to retain the services of

22 an attorney to prosecute this matter and is entitled to recover reasonable costs and attorneys fees

23 incurred herein as special damages.

24 TWELFTH CAUSE OF ACTION

(Trademark Dilution)

25 26 27 28

123. Global Verge repeats, realleges, and incorporates each and every paragraph contained above as though fully set forth herein.

Page 15 of 17

M&A:11429-002 I046216_I.DOC 5/12/201011:55 AM

4

125. Defendants Greco and/or AKW began using marks that are the same and/or

124. The GLOBAL VERGE Marks are inherently distinctive. Through their adoption

2 and consistent and extensive use, the GLOBAL VERGE Marks have acquired notoriety in,

3 among other locations, the State of Nevada.

5 confusingly similar to the GLOBAL VERGE Marks in connection with globalverge.us domain

6 name after the GLOBAL VERGE Marks had acquired notoriety in, among other locations, the

7 State of Nevada.

8

126. Defendants Greco and/or AKW's use of the GLOBAL VERGE Marks and/or

9 marks confusingly similar thereto has and will cause dilution of the distinctive quality of the

10 GLOBAL VERGE Marks and will otherwise cause irreparable injury to Global Verge's business

11 reputation and goodwill.

127. Upon information and belief, Defendants Greco and/or AKW's use of the GLOBAL VERGE Marks and/or marks confusingly similar thereto was willful in nature, in that the named Defendants intended to cause dilution of the GLOBAL VERGE Marks or willfully intended to damage Global Verge's reputation.

128. As a direct and proximate result of Defendants Greco and/or AKW's dilution of the GLOBAL VERGE Marks, Global Verge has suffered, and will suffer, irreparable injury to its

business reputation and goodwill.

129. Global Verge has been forced to retain the services of an attorney to prosecute

20 this matter and is entitled to recover reasonable costs and attorneys fees incurred herein as

21 special damages.

22 WHEREFORE, Global Verge and All Wireless pray for judgment against the Defendants

23 as follows:

24

1.

For general, compensatory, punitive and special damages in an amount to be

26

25 determined at trial;

2.

For reasonable attorneys fees and costs incurred herein pursuant to NRS

27 600A.060, NRS 600.430(3), 15 U.S.C. § 1117 and as special damages.

28

Page 16 of 17

M&A:11429-002 1046216_lDOC 5/12/201011:55 AM

5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3. For a temporary restraining order, preliminary injunction, and permanent

2 injunction enjoining Defendants Greco and Panther from continuing to publish, reproduce and/or

3 distribute the false and defamatory statements and from using the confidential and proprietary

4 trade secret information stolen from Global Verge;

For treble damages pursuant to NRS 598.0999(3);

4. 5.

For interest; and

6. For such other and further relief as this honorable Court may deem just and

proper. ~

Dated thiS~y of May, 2010.

Ave eM. Hig ee, Es . Nev a Bar No. 3739 Brian R. Hardy, Esq. Nevada Bar No. 10068 10001 Park Run Drive

Las Vegas, Nevada 89145 Attorneys for Plaintiff

Page 17 of 17

M&A:11429-002 10462 1 6_1.DOC 5112/201011:55 AM

This Agreement is made and entered into this ~_ day of ~!Jl!ler___, 2009, between All Wireless Service, Inc. ("AWS") a company incorporated and existing under the Laws of tile State of Florida, with its registered address at 6405103rd Street, Jacksonville, FL 32210-7129 and Global Verge (nCompany"), a company incorporated and existing under the Laws of Nevada with its principal offices located at 200 NE Missouri Rd Suite 202, Lees Summit MO 64086 (collectively the "Parties" and individually a "Party").

WHEREASt AWS and Company are Interested in providing of Domestic pre-paid mobile telecommunications Services; and

WHEREAS, AWS desires to sell certain mobile telecommunications ~ervices provided by Company and Company desires to procure certain. tetecommunlcattons Services

provided by AWS. ..

NOW, THeREfORe, in consideration of the mutual covenants and Agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as Follows:

DEFINITIONS:

"Effective Date" shall mean thedate of execution of this Agreement,

"Service" or "Services" shall mean those telecommunication Services described in the attached relevant Annex (es) incorporated herein by reference.

"Service Date" shall mean the date of completion of provisioning and testing of Service(s), and each Party shall notify the other Party of the respective Service Date

of Services it is providing hereunder,

"Customer" shall mean the Party purchasing Service(s).

"Provider" shall mean the Party of the Agreement who is providing the Service/termination to the Customer. Rates are based on Simple Mobile and Page Plus service network programs.

The Parties, directly or through their affiliates or underlying carriers, shall provide, procure, and utilize the Service? perthe terms and conditions of this Agreement:

Tills Agreement shall commence on the Effective Date and shall continue to be in force unless anduntfl terminated in accordance with the terms hereof. The Parties

may terminate this Agreement, and/or terminate or suspend any Service provided to Customer under It, at any time without liability upon thirty (30) days prior written notice. The Parties may terminate this Agreement without liability on three (3) days

prior w.ritten notice to Customer for any breach of this Agreement including, but not , "" 't

. .l: A r: Ii _1- . \1 M,'l ,../"1·· .. I 't('·",~ I (>.>;!<cd'lL. ,"":'1'"

-;1\ i,.tJ;;- ~~.t.< . .s ·'D )IV .... (,\()"".,.'b:), t. . .f.. .u .... ·yO(\~,,\I'-.,;l ,cJY

.. ...,_ 1'Ii,/{-.)i:; G' .,~,_",{J, r c 11< _"''; tOll. -v-s ,:;1

'i.'" C]l. c·1 US;I.'~ '< 1"1,0,""""' ' ".1-'/\

c ...• -,:_ "" .. \ , A--. ( L, ._··:tomPIlITY //.7. r:

1""',...' ""..,.0/\ ..... 6 \.;",e.J vv'¥"i' f

l ... /\, ... ~_

PleASE INITIAL

l'·~·

«(!.(

........ -,.-.-- .. -.~ .. - .. ---_. -_._---_._--- -- ._- - .. --~-----.~,

-~---~- - .... -- ... -~,,-~

--. ------ ------~--

AWS,lne

limited to, a failure by Customer to pay in a timely manner any charges for Services rendered. In addition, either Party may terminate this Agreement immediately without notice 01' liability in the event that either Party deems such actions necessary due to Customer's LIse of the Services for unlawful purposes or in an unlawful manner, Or In order to protect or preserve either Party's network. In the event of any termination of this Agreement each Party shall pay the other Party for all Service rendered through and including the date of termination.

Where applicable, each Party shall be responsible to connect to the other Party's network at one of the other Party's network interconnection locations, and the Parties shall be responsible to procure, at their own expense; the necessary facilities

or equipment required to interconnect to such locations. The Parties Shall endeavor

to provide the Services on the Service Date and they shall be solely responsible to coordinate the provisioning of their respective matching facilities and/or equipment

(where applicable) by the Service Date. The Parties shall coordinate the

management of their respective network facilities. The Parties also shall interface on

a 24 hours/? days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks.

4 .. BAnS

a) During the term of this Agreement,. AWS shal! charge for the telecommunication Services, .and company .$hall pay for such. telecommunlcatlon

Services, the amount determined by using the rates set forth in Annex A. .

b) During the term of this Agreementr Company shall charge for the

telecommunication ServiCes, and AWS shall pay for such telecommunication Services, the amount determined by using the rates set forth in Annex 8.

c) AWS shall have the right to modify the rates and conditions set forth in

Annex "A" at any time, but shall give the other Party at least thirty (30) days prior written notice. 4')'(- A,;';$ \,1.,,\ \ "i."c .. ,c:\I\'h< '\" e, 'rt~o~- 1;' ~c."~$ /.,.' ... '" .1, ... \-.:.. c)~

'''~''t.<.''''''''_\ .

d) Company shall have the right to modify the rates and conditions set forth

in Annex "B" at any time, but shall give the. other Party at least five (5) days prior

written notice. .. .

As a condition of the Parties ubligations hereunder, and to ensure the prompt .oavrnent of sums due from Customer, Customer may be requested by the other Party to furnish upon the execution of this Agreement either a cash deposit in an amount satisfactory to the Provider, or an irrevocable and unconditional letter of credit in an amount satisfactory to the Provlder. The Provider shall have the right to require Customer to increase the amount or institute a requirement for a cash deposit, letter of credit, or other security whenever It deems such increase to be necessary. Customer shall provide such increased security to the Provider within three (3) days of request.

2

AW~~!;:~:~~mpaI1Y /,,'1.(

PLEAse INITIAL

.. M. __ ._M .. W··· .. · __ •• .... .-·.'M_.· ... _, •.. __ .,. __ ~ __ • , ~. ._~.,.

-.--.~------.-.,--.---- ....... ---

... ---~-.--- ... --------- .... -".,~ >'-- .. ,.--.

AWS, Inc

Confidential

Standard Terms: The Parties hereby acknowledge that charges for the Services shaH be billed on a Weekly basis; every seven (7) days and that payment for such Services is due and payable in US dollars due upon receipt of the

invoice.

Late payments shall be assessed a late charge of 1.5% per month or the maximum amount permitted by faw, whichever is less.

7. TAXES

The Parties acknowledge and understand .tnat all charges' stated in the attached Annexes are computed exclusive of any applicable use, excise, gross receipts, sales

and privilege taxes, duties, fees, or other taxes or Similar liabilities (other than, general income or property taxes). Such Additional Charges shall be paid by the Customer in addition to all other charges provided herein.

s. DISpUn:S

Should either Party dispute any of the charges on the invoice, it shall notify the other Party of the disputed charges not later-than seven (14) days from the date of invoice. Said dispute Shall set forth in writing all details concerning the disputed charges. In the event ofadispute; the entire invoice shall be paid In accordance with the payment terms set forthnereln. Disputes shall be reviewed and resolved within fifteen (15) days of receipt of written dispute. However, the Provider shall have no obiigation to review disputed Charges until the disputed invoice is paid In full. In the event such dispute is resolved in favor of Customer, Provider shall provide Customer with a credit against future billing in the amount of the disputed billing. In the event that Customer faits to pay an invoice in full because of a billing disputer Provider shall have the right, after giving Customer five (S) days prior written notice, to suspend all or any portion of the Services until such time as the dispute is resolved 01" to require Customer to provide additional security deposit. Some disputed Item may remain open for ;30 days or more with mutual agreement if

3

I\WS, Inc

Confidential

data is not provided on time but in case of non agreement the defaulted .party must process the payments in full or .settled amount.

9. WARRANTY

The Parties shall use reasonable efforts under the circumstances to maintain overall network quality. The quality of Service provided hereunder shall be consistent with other common carrier industry standards, government regulations and sound

business practlces, .

THE PARTIES' MAKE NO OTHER WARRANTIES ABOUT THE . SERVICE PROVIDED HEREUNDER, EXPRESS OR IMPLIED, 'IN~LUDING BUT NOT LIMITED TO ANY WARRANTY OF MARKETABIl.ITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

a) The Provider shall not be responsible or Hable for any interruption,

diminution, or failure of service, In whole or In part, and in no event shall the Provider be responsible or liable for any tncloental or consequential damages incurred by Customer or any user of Customer's service ..

b) 'Customer shall indemnify and hold tile Provider harmless from and against

all costs, expenses, losses, damages, claims and actions of any kind arising from or related to fraudulent calls of any nature which may comprise a portion of the Service to the extent that the Party claiming the call(s)in question to be fraudulent Is (or was at the time of the call) a .Customer or end-user of the Service. Customer shall not be excused from paying tile Provlder for Service provided to Customer, or any portion thereof, on the basis that fraudulent calls comprised a corresponding portion of the Service.

c) The network is based on multi-vendor environment and calls made

through the networks will be charged on standard billing and customer Is responsible to make adjustment in routing, quality of service and maintain its own Call Records on any Federal issues and would not be excused on damages ana responsible on all

. payments per billing standards. . .

IN NO EVENT SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL. OR CONSEQUENTrAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, L.OSS OF REVENUE, LOSS OF CLIENTS, L.OSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATION HEREUNDER.

12. FOgCEMAJ.Y.Bf .

No failure or omission by either Party to carry out or observe any of tile terms and conditions of this Agreement, other than any payment obligation shall give rise to any claim against such Party or be deemed a breach of this Agreement If such failure or omission arises from an act of God, and act or omission of Government, Insurrection of civil disorder, war or military operations, national or local emergency, acts or omissions of Government, highway authority or other competent authority, industrial disputes of any kind (whether or not Involving the Party's employees), fire,

4

··' ••••• _ ••• "' •••• _ •. ~.A ._. __ ~._". , .~" ••• " ...... ~ ..... , ... ~ .. ~".,_". __ "." __ .... _ .... •• ~_. • __ •• __ , __ '''. __ ._.~.~_., •• ~

I\WS, Inc

Conildential

Iigl1ting, explosion, flood, subsidence, inclement .weather, acts or omtsstons of persons or bootes for whom -the Party Is not responslble or any other .causewhether

s!mll~rord[ssimilar outstde. such Partv's control. . . . . .

13. PRQPIRlUi\RY II'jFQRMAIIQN ANI) CQlllfIDENTIAILITY

Shall commence on the Effective Date and shall terminate either: 1) two years immediately following the termination of this Agreement, 01' 2) two years after the termination or expiration of any other Agreement between the Parties, whichever

occurs later. Notwithstanding such expiration or termination, confidentiality

pursuant to this Agreement shall survive with respect to any Proprietary Inforrnatlon received prior to such expiration or termination for as long as the Proprietary Information remains confidential,

If 'lny provision, subsection or sentence contained in this Agreement is 'found to be unenforceable in any respect, such unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as If such enforceable provision had never been contained herein.

Neither Party is authorized to act as an agent for, or legal representative of, the other Party and neither Party shall have the authority to assume or create any obligation on behalf of, In the name of, 01' binding upon the other Party. Customer shalinot represent or intimate that Provider is responsible for the type. or quality of Customer's services to a third party customer.

16. SUSpeNSOOIM Qf SERVICES

In the event payment In full is not received from either Party when due, the other

Party shall have the right, after giving the defaulting Party one (1) day prior written notice, to suspend all or any portion of the Service to the defaulting Party until such time as such Party has paid In fut! all charges then due, including any late fees, Interest and future value of the Dollar with inflation value may be asked including the

I'd resources time reimbursement in such cases or a service acquired by 3 party on

behalf of AWS.

17, !lUNDING AGRElE!IIiIE~I

This Agreement and the Parties' described obligations shall be binding on the representatives, assigns and successors of the Parties and shall inure to the benefit of the assigns and tile successors of the Parties.

;U3, AMEtfDMIENIS

This Agreement may not be modified, except by a written document Signed by authorized officers of the Parties hereto,

5

AWS(f? Company i./( I'

PLEASE INITIA~

AWS, Inc

CQnfidcm1:im

All notices, requests or other communications hereunder shall be In writing, addressed to the Parties at the address indicated in this Agreement or as otherwise stated In the relevant Annex hereto in 'respect of any particular Service. Notices mailed by registered or certified mail shall be deemed to have been received by the addressee on the fifth business day following the mailing or sending thereof, Notices sent by facsimile shall be deemed to have received when the delivery confirmation is received. Any notices of change of address shall be deemed to have been received only when actually received.

a) In the case of AWS Communications, INC:

6405 103rd Street

Jacksonville, FL 32210-7129

b) In the case of the Company:

200 NE Missouri Rd Suite 202, Lees Summit MO 64086

Tile failure to enforce or to require the performance at an)! time of· any of the provlslons of this Agreement shall not be construed to be a waiver of any other provision and shall not affect either the validity of this Agreement or any part hereof

or the right of any Party thereafter to enforce each and every provision of this Agreement.

The headings ill this Agreement are for reference purposes only and shell! not affect the meaning or interpretation of this Agreement

This Agreement shall be interpreted, construed and governed in accordance with the

federal laws of the United States of America and the laws of the state of Michigan, without regards to the choice of law principles thereof.

Any civil action or other legal proceeding arising out of or relating to this Agreement or any dealings between the Parties' officers, directors/employees, or agents on the other. hand, whether brought before or after any termination of this Agreement, shall be brought and heard only in a state or federal court located in Collin County, Texas and the Parties hereto expressly waive any rights underanv law or rule to cause any such proceeding to be brought and heard in .anv other location. The Parties consent to jurisdiction In any state or federal court located In Collin County, Texas in any civil action or other lega! proceeding arising out of or relating to this Agreement.

6

/.

AWS(/:.::. CompsllY ,·'1/'

PLEASF. INIT!A~

AWS.lnc

ConfidenTial

ThiS Agreement and the Schedules attached hereto set forth the full Agreement of the Parties with respect to the subject matter hereof, and supersede any prior Agreement or understanding.

IN WITNESS WHEREOF, each of the Parties have executed this Agreement in duplicate, or caused this Agreement to be executed in duplicate by a duly authorized officer, as of the effective date above written.

'--.-. -, -- .. - .. ", .•....... _._ - " -- ~- -- -~ ..

Page 2 of2

Delivery to the following recipients failed.

tommy.price@bdhhi.com

Final - Recipient: rfc.822;tQmmY .. pxic.e_@bdhhi,c.Qm Action: failed

Status: 5.1.1

---------- Forwarded message ----------

From: chris greco <chris@activationkingwireless.com>

To: sgrosse@tranzon.com, sharonbmwne@carolina.rr.com, shawn@teambuige.com, shebebrand@pappasprpoertiessllc.com, shilohfarms@ctc.net, shovelheadsrfun@yahoo.com,

silk amethyst@att.blackberry.net, skg@skgoodman.com, smithr@2315.84Lumber.com,

smIDy .. Qmter@gm..a.jJ,CQID, s;rQbbins@b~llSQllJhJ1~l, sl~y'e.l:~@rb£.,.QQm, steven@logicaladvantage.com, stevens7773@bellsouth.net, steveterpak@aol.com,

susan. wolf@regions.com, susan. wolfe@regions.com, sweetoldbob56@yahoo.com, sy.dnmrllJ,ltch@b._ellsoy.tb.net, tbiJek@aQl&QID, tQhristenblJIY1@comcast.n~1, tQQe.x.@mihoIP~~com, ted@globalverge.com, terribias@kw.com, thesteingroup@gmail.com, tina.wiggins@regions.com, tnboo@ctc.net, tom hapeman@yahoo.com, tommeeler@sc.rr.com, tommy.price@bdhhi.com, tQI1_y_@s_c.dsip.c.n~t, tperkin.s_@ha.l~traU~r&Qm, tp.~Ikil1s@hale1mU~.S&Qm, rnU 8Q@1)_dls_outh~!lej, traceyhowell@mindspring.com, troy@ervgordon.com, tsamuels@nvrinc.com, tw@lasmc.com, twhorton@vnet.net, 1;y@t;yhensley.com, uniqlift@aol.com, usaprovidence@yahoo.com, waterford@niblockhomes.com, wbui@eastoversurvey.com, wcukjb@aol.com, w~urneyjr@aol.com, whit.nicole@hotmail.com, williamlatta@bellsouth.net

Date: Tue, 16 Feb 2010 17:20:00 -0600

Subject: Activation King Sues Global Verge for full disclosure

Due to the fact that corporate continues to lie about the stability of the company I want you to see this, This is filed for AKW to Sue GLOBAL VERGE INC. a Nevada S-Corp in Federal Court For full Disclosure, I know you will get a copy so let me say HI TED AND RUTH, how is it going over there, Well I can state that we just broke 3000 members and we have also signed members of the holy advisory board, So have a great day, OH WAIT CAN YOU HEAR THAT, THE TITANIC JUST HIT THE ICE BERG

Sincerely

Chris Greco

Who actually sells and meets deadlines in wireless.

4112/2010

EXHIBIT 3

. SMALL'BUSINeSS CHECKING 36040;)0904

SOUTHERN COMMERCE BANK

Demand Deposit 3604000904 - ALL WIRELESS SERVICES INC

[OlJ ALL WIRELESS SERVICES INC 6405 103RD ST

JACKSONVILLE FL 32210

Additional Relationships

Tax Name: [1] ALL WIRELESS SERVICES INC

Name J. Name:

Tax Identification:

Employer Identification Number:

Tax ID Verification Attempts:

Withholding Code:

Relationship Code:

Gender:

Race:

Language Preference Indicator:

Risk Score 1;

Risk Score 2:

Risk Ranking:

Credit Score:

Electronic Banking Password:

Identification 1 Information Identification Type:

Issued By:

Value:

Signers Name

..... [01] ALL WIRELESS SERVICES INC

... [021 CHRISTOPHER GRECO

..... [03) JANNES PETTIT

Mailing - Address

[01] ALL WIRELESS SERVICES INC EIN

. ..

o No Withholding [*J Not Specified [OJ English

o o [0] NONE o Not Present

[0] Other 10 Types [FLJ ART OF INC

Owner yfls

Signer No

Rei

Birthdate

*

Business Phone Number:

Free form Message:

W9 ON FILE:

Tax Identification jliN Ed

SSN - Unverified 180-56- ....

SSN . .::.lJ.o.lledtieE!' I ru ~

January 1 through December 31 6405 103RD ST

JACKSONVILLE FL 32210

00

Statements, Notices, and Checks

Address:

Delivery Point:

Handling Code Option:

No

Yes

No

Yes

1/19/201011:17:15 AM

Phone

. Tax Identification **********

**********

(904) 254-6081 CHEX VERIFIED 113009 Nov 30,2009

Owner Type

EXHIBIT 4

Christopher Greco

Ie

915

Statistics

n

·,.u,ITnl'nt"" Death Index was by the Oe:partment Center

Health Statistics. It contains over 9 million records, including tI'Iese fields (when available):

' ... ""'rn.... gender~ death date. death location, birth date, birth locatlon, mother's maiden name.

last name.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->