M.C.M. REAL ESTATE , INC., CIVIL ACTION

No: 03-5557

vs.

GLISTENING WEB

COMMUNICATIONS CORPORATION

1. Affiant is Daniel Brouse, a shareholder of Defendant Glistening Web Communications

Corporation (hereinafter "GWCC"). I am familiar with the operations of GWCC and the Internet in general.

2. GWCC provides Internet services including hardware, software, network, marketing,

support and services. GWCC has hundreds of clients on monthly billing for various services from $5 per month to over $1,000 per month. GWCC administers hundreds of domains and attracts millions of viewers per month.

3. GWCC and M.C.M. Real Estate, Inc., doing business as Plaintiff Eichler&Moffly

(hereinafter "Eichler&Moffly") entered into an agreement in 1995 to the effect that GWCC would host Eichler&Moffly web pages on GWCC web sites and market these pages, to the effect that GWCC would lease on a monthly basis Eichler&Moffly advertising feeds into GWCC internet traffic. See Invoice dated June 2003, attached hereto as Exhibit A.

4. While hosted on GWCC’s web sites, Eichler&Moffly received a lot of internet traffic,

due to GWCC’s marketing efforts to GWCC’s existing internet community. A review of our server logs indicate that less than 1% of the traffic to Eichler&Moffly web pages originated as "Eichler & Moffley" searches, that is, was a result of people specifically "searching under E&M’s trademarks and trade name."

5. Before terminating its contract with GWCC in July 2003, Eichler&Moffly was afforded

the opportunity to discuss with GWCC any final changes that would be made to Eichler&Moffly pages, consistent with GWCC’s privacy and security policy, and the archiving of these pages, for a fee. Eichler&Moffly was also warned that termination of the contract would cause them to lose most if not all of the previous web traffic it was receiving from the GWCC community. Eichler&Moffly neglected to discuss any final changes and merely abandoned these pages.

6. Eichler&Moffly has now hired another company to host their web site. However, they

still wish to retain all the traffic that they enjoyed as a client of GWCC, without paying for these marketing services. Furthermore, they are now attempting to force GWCC to make the changes that they should have made themselves or would have had to pay GWCC to make.

7. It would cost approximately $153,400 to implement the requested "blanket redirection" -

to identify all pages with references to Eichler&Moffly in the philanet.com/realestate directory and redirect these to www.eichlermoffly.com, or to make these pages blank. This consists of 240 man hours at $160 an hour to initially identify these pages and pages which link to these pages, which totals well over 20,000 web pages and are "inextricably linked" to the philanet.com/realestate directory. Many of these pages exist on read-only sources and servers located in foreign countries. It would then require another 720 hours to then redirect or otherwise modify these pages. This would not include the modification of any pages currently existing on backup, or links or tags outside of the philanet.com/realestate directory. GWCC furthermore could not guarantee that these changes would fully propigate throughout the internet, since these changes may not be apparent on bookmarked copies or on cached copies in internet search engines. It is impossible for GWCC to fully unpublish a web page due to the internet proliferation methods used by GWCC which are company trade secrets. Also, GWCC cannot control in any way internet search results for Eichler&Moffly on search engines such as Google or Yahoo.

8. Furthermore, if GWCC were to forward all internet searchers to www.eichlermoffly.com,

it would expose these people, and GWCC’s own web pages, to potential viruses and other security risks. This would violate GWCC’s own stated privacy and security policy, which could expose GWCC to liability under FTC regulations. I believe GWCC has already received a virus via email from Eichler&Moffly, as well as had its name "spoofed" by Eichler&Moffly.

9. If GWCC is forced to implement a blanket redirection to www.eichlermoffly.com, the

cost of loss of business to GWCC would be approximately $192,000. GWCC would be unable to lease this valuable internet space, which receives a tremendous amount of internet traffic, to other advertisers, calculated conservatively based on historical data at 2 advertising locations at $1,000 a month times 8 years.

10. Finally, I believe there is no likelihood of confusion, as Eichler&Moffly’s old main page,

philanet.com/realestate/about.html continues to contain a link which allows a user to email homes@eichlermoffly.com. See current copy of philanet.com/realestate/about.html with email link engaged, attached hereto as Exhibit B. To the best of my knowledge, no old Eichler&Moffly pages exhibit error or criminal messages.

11. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

Daniel Brouse

Sworn to and Subscribed Before

Me this ___ day of October, 2003.

Notary Public