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Help me get around a legal loop hole from a jerk off attorney!

Discussion in 'Affiliate Programs' started by shdwmyst, May 26, 2010.

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  1. shdwmyst

    shdwmyst Junior Member

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    Here is my situation...

    I build and market lead capture and management systems. I have a system setup with a company I am a distributor for. Well... they introduced a website about 2 months ago they claim to have an "exclusive" contract with to offer such systems. Their system sucks and my subscribers are telling me no way in hell would they switch.

    Here is my dilemma... I got a call from their attorney yesterday to close my site. It was due to the fact that I am "marketing" it to reps. Now, if I were to offer it for free I could get around it. So here is where I need some advice. I thought about it and instead of closing it, I will make it free. I am going to send an email to my existing subscribers letting them know it's free and they are free to cancel their subscriptions or they could leave them active to contribute "donations" to the site for it's continued development. That jerk caught me in the middle of a $4,500 upgrade project that I was funding with the site to add a ton of new features to help the reps market their business! I have about $2,000 - $2,500 left to pay.

    I want to incorporate advertising as a clause for it being free. I will send an occasional email but what I really want is a page of advertisements they can visit and click etc... What would be some high value offers that would pay me for clicks or zip codes etc...? I want to keep this site alive and take all the potential customers that would had bought their system had mine went down.

    Also, I will eventually need dedicated hosting with unlimited emailing capabilities for when I exceed my current server. Not to spam with, this is due to an autoresponder that starts when leads request information. Any BHW's have a great hosting package they could help me out with for a good deal? I was looking at singlehop, but again, I need to see how much I can pull from a site that people help contribute back. I have a strong standing with my current members and I don't see many if any cancel their subscription.

    I know there is a wealth of help here and please offer any advice you can to help me keep this site funded and ways to make it potentially more profitable than when I was charging the members.

    Thanks!
     
    Last edited: May 26, 2010
  2. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    The obvious is to put some adsense ads on there on all the pages that are on that site. I would have a donate button (paypal offers that) on the main page and the other thing I would do is to make sure they subscribe to your mailing list in order to access the site. A page with just advertising would look tacky imo but gently placed here and there would look natural. Take a look at cj.com and see if there are offers that you think would convert with that crowd and alternate them weekly/monthly also.
     
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  3. shdwmyst

    shdwmyst Junior Member

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    The site looks really nice, I would like to keep the ads off their main page. I should had explained the "page of ads" better. I give them a back office that allows them to edit their personal info so it updates on their personal site such as their name, phone, etc.. Within their back office could be a page with ads. I would inform them via email that by checking out the offers, clicking, etc... would help out with the funding.

    I am going to change the wording on my site that states upfront that emails will be sent, but I am thinking one email a week if that. I don't want to flood them with emails. I have a box to accept terms and conditions that has to be checked in order to continue the creation of their site.

     
  4. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    One email a week is all you need to do... make sure that you have a different affiliate offer in the email every week. At one point everyone on your list will need something you offer theoretically.
     
  5. newss

    newss Junior Member

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    Honestly if you are making decent money from this site, I would contact a competent lawyer and see what your options are. There is evidently parts you are leaving out, but on the surface it doesn't sound like they have any legal basis to request you take down your site.
     
  6. shdwmyst

    shdwmyst Junior Member

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    No, there are no parts that I am leaving out. They don't want a rep making profit from a site that relates to their business. They want all members to use the site they signed a contract with. The only complaint he could bring up was the fact I am charging reps, it is in the load of bs terms and conditions of becoming a rep. To take a step out of that contract, I transferred the account to my girlfriend but of course I am the one building it.

    I want to continue with the company, it is their attorney that is under my skin. I am just looking for a loop hole to fight back.

     
    Last edited: May 26, 2010
  7. stevemib

    stevemib Jr. VIP Jr. VIP Premium Member

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    Well I personally have spent over a $1m on attorneys and won. I need to see your original agreement b4 I can help. Just pm me and I can provide references. My contribution to bhw. Lucky you!
    Thanx,
    Steve



     
  8. shdwmyst

    shdwmyst Junior Member

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    If I had that kind of money and my site was generating large sums I could go that route. Business is picking up each month. I have people eager for the new system and waiting patiently for it. I just need to fund the ~$2,500 for the last round of upgrades.

    I am close to 100 members, I know that is not a lot. However, I have not advertised my site. It has been by word of mouth. Once the changes are complete, I am going to promote it heavily through my team and other teams that are using it.

    I have a good feeling about making it free and going with donations and some ads that pay per click, zip code, etc...

    I have several requests to create systems for other companies. If I can just wing the funding to complete my new system then I can branch out to other companies with full approval of the company prior to creating a system. I will build my subscription base again that way. I have a business plan in mind that will speed up the process of subscriptions.

     
  9. aaronklaw

    aaronklaw Newbie

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    where are you located? I'm licensed to practice in Arizona.
     
  10. ipopbb

    ipopbb Power Member

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    I don't get it... If you don't have a contract then you can sell to whoever is willing to buy provided the sector you're selling in isn't government regulated. If the reps have contracts to only use leads from one provider then tell the attorney to take it up with the reps. Then get a lawyer and have them manage the discussion on paper if it needs to continue. Lawyer phone calls are usually fact fishing expeditions... they are hoping you will spill details on something they can leverage against you. Always tell them you are busy and to send requests in writing and you'll get back to them as soon as time permits.

    Lawyers are often too verbose and they will spill their attack vectors right away, at least then you'll know which gate they are at and what their objectives are.

    * I am not a lawyer and this is not legal advice... just personal philosophy on dealing with attack lawyers.