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In Good Faith, I Am Unable To Support The Cherry Funds Executive Board This Year & Heres Why...

4/10/2018

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First I support any/all efforts that provide any support to our or any HIV/AIDS community efforts. That’s clear though my years of support and work within the HIV/AIDS community as an HIV-positive gay man and through the numerous local and national organizations I’ve proudly been a part of or a member of their boards such as the North Central District AIDS Coalition and the now closed National Association of People With AIDS here in DC.

For the last three years my company, TMD Enterprises photography and videography has provided sponsorship supporting The Cherry Funds efforts in donating funds to local HIV/AIDS community organizations here in DC.  Since then I've had an opportunity to work closely with the executive team of Cherry.   Over these past three years more specifically the last two Cherry has represented itself in ways I can only say are disappointing and unethical.  I'll list a few below:
  • 1) The Cherry Fund has made no accountability of its funds, the funds its disbursed to local community organizations and refuses to publicly disclose general overviews of the health of the organization.  I question the way the organization has filed its yearly taxes and have filed a complaint with the IRS.  I cannot find an audit ever being conducted or any annual review being publicly released. 
  • 2) The Cherry Fund has not followed through and in some cases changed without notice its sponsorship agreement with TMD Enterprises. 
  • 3) The Cherry Fund broke an agreement between TMD Enterprises and themselves to not only involve TMD Enterprises in the editing process of promos that were made for 2017, they illegally published footage belonging to TMD Enterprises without permission and without proper video credit that was assured would be included just days before they released their promos.
  • 4) The Cherry Fund without notice to TMD Enterprises or even mention of a change to its sponsorship agreement began paying the two other photographers who in the same years had donated its services.  Additionally, The Cherry Fund without notice removed all of the agreed upon marketing efforts afforded to TMD Enterprises as a sponsor.  TMD Enterprises executed our part by providing photography and in addition to at the request of the Cherry Fund also captured video footage of the event intended to be used for future promos.  We'd also note that we agreed to provide footage (with out any additional compensation other than the already agreed upon marketing that - again was pulled without notification) for last years promo however it was required they were to provide video credit breaking a license agreement the two had agreed upon after the first promo was published without video credit.  (TMD Enterprises filed a copyright infringement with Youtube for two promo videos after the events took place and was found credible and the video promos were removed by Youtube)
  • 5) The Cheery Fund removed imbedded TMD Enterprises photo credits of photos taken by Tom Donohue of TMD Enterprises and published by The Advocate Magazine these photos were edited they added their own Cherry watermark to each photo and re-published each photo the Advocate Magazine originally published on their Facebook page listing TMD Enterprises in the general post but cropping the Advocate imbedded photo credit from each photo.

The work that TMD Enterprises has performed in exchange for very limited marketing exposure was performed knowing that the other photographers were also donating their services in exchange for the same marketing exposure.  Sadly without notifying TMD Enterprises, The Cherry Fund began paying all the other photographers for their services in one instance signing a contract with one.  Not only did they not notify TMD Enterprises of this change they also removed most of its marketing exposure that was verbally agreed upon from TMD Enterprises. I have to ask myself, does the Cherry Fund Executive Board really care about raising money for the local HIV/AIDS organizations or raising their own public profile?  Why is there word and even written agreements no longer worth the ink on the paper? 
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For nearly a year I have attempted to resolve this matter privately asking for meetings with the Board of Directors, I've also requested public information afforded to anyone as a 501 (c)(3) organization and has been denied (I feel I have an even bigger interest into the health of the organization as someone who invests time and effort as a sponsor).  I wanted to avoid any harm to the organization that publicly airing my concerns might bring.  It saddens me that the Cherry Fund Executive Team puts themselves above the real reason they are there; bringing awareness to the HIV/AIDS DC community and not for the attention to themselves. The way they have treated me and the work I have done for The Cherry Fund clearly signals where their attention rests and it’s not with the cause associated with the efforts of the organization.  Sadly, as a member of the HIV community, as an advocate of many years, as a Presidential Invitee of President Barack Obama to the White House for work in the HIV community, I call upon those involved with The Cherry Fund to hold its executive board accountable by releasing a overall financial audit, publicly disclosing the financial sponsorship levels and seriously consider replacing its executive team.  I can't support individuals who are more concerned about their own image than the image of those struggling with HIV/AIDS.  My support for The Cherry Fund and the organizations it supports is ongoing and I wish the effort well this weekend. 

Below you'll find two promos using TMD Enterprises without any credit as they offered others.  Promo 1 was published just days after being notified without any promised input or review of its completion and without any video credit as promised and legally required. 

Below find conversations with President Allen Sexton, expressing concern about credit, editing, promo videos, etc.

After the first promo video was published by Cherry - Allen and I put in writing our licenseing agreement - sadly they never gave TMD Enterprises credit on our video used in the second video however they listed us alongside the other sponsors (as they were to do anyway as part of our marketing agreement)

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