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Handango Closes My Account and Reneges on Raffle Prize!

Digg!

If you don't believe that this is the whole story and Handango wouldn't do something like this, then please read the below Unedited message volley I had with Handango and see for yourself:

 Customer (John Cody) 08/08/2006 03:47 PM 
Hi,

I currently should have the below advertising credit in my account as
confirmed by Noah on 1/15/06:

1) $4250 balance to be used for advertising (except champion ads)
2) Free Champion spot ad in a to-be-determined future smartphone
newsletter issue.
3) 2 weeks of featured spot on website

So, I would like to take out a $250 "Featured Software" spot for my product
#191601 (John Cody's Alerts! For WM5) in a future Smartphone champion
newsletter.

What are the available dates to place this ad?

-John Cody
 Response (Handango Partners) 08/09/2006 02:25 PM 
Hi John,

Please provide us with the last email you received from Noah regarding this marketing package, as he is no longer with the company and we need some sort of record of this.  Also, you will need to use the remainder of this marketing allowance by 1/15/07. Any marketing we extend to our partners expires after one year.

Best regards,
The Handango Partners Team
Customer (John Cody) 08/09/2006 05:41 PM 
Hi,

Below is a copy of the last few communications I had with Noah on 1/14/06 confirming my ad balance with Handango.

Also, in regard to having to use my entire ad balance by 1/15/07...this would not work for me. I am a single-man company, so I don't have the resources to rush product development like larger companies. I need at least two more years to release all the products I have currently in the pipe, and I was planning on using this ad balance to promote them. I can't afford to throw away my ad space prematurely. Besides, no one ever mentioned an expiration date for this balance, and I don't see any mentioned of one in the "distribution agreement", "Advertising on Handango" or any other document on the website. So, please don't set a premature time-limit on my ad balance :)

Thank You!

-John Cody

Here is a copy of the last communication I had with Noah:
--------------------------------------------------
John,

Yes all that you have stated is correct. I apologize for any confusion
there had been.

Thanks,

Noah Estrada
Developer Relations
Handango
www.handango.com

-----Original Message-----
From: OMNISOFT Support [email omitted for spam reasons]
Sent: Tuesday, January 10, 2006 10:17 PM
To: Partners@Handango.com
Subject: RE: Mobile2Market Contest Raffle

Hey Noah,

I just want to make sure we are on the same page with my advertising
account...

As was discussed earlier in this thread, you offered me $5000 in free
advertising for being the winner in the raffle.

And, since my product SATALERT (14175) appeared as a "featured
spotlight" ad
in the 12/20 Pocket PC newsletter at a cost of $500, my available ad
balance
then dropped to $4500.

Then, I order a "featured spotlight" ad for my product # 128636 to be in
the
Smartphone newsletter on 12/8 at a cost of $250, so my ad balance then
dropped to $4250. But, since this ad was not scheduled properly (as you
mentioned below), you offered me a "Champion" spot in a to-be-determined
future smartphone newsletter for the mix-up.

So, I just want to make sure that this is the current status of my ad
balance:

1) I have a $4250 balance to be used for advertising (except champion
ads)
2) I can place a champion spot ad in a to-be-determined future
smartphone
newsletter issue.

Is the above correct?

-John Cody

-----Original Message-----
From: Partners@Handango.com [mailto:Partners@handango.com]
Sent: Friday, December 16, 2005 12:36 PM
To: OMNISOFT [email omitted for spam reasons]
Subject: RE: Mobile2Market Contest Raffle


John,

I would like to apologize for this inconvenience. It seems as if this
was not scheduled properly. If you would like I can give you a champion
newsletter spot and 2 weeks of a featured product spot as compensation.

Regards,

Noah Estrada
Developer Relations
Handango, Inc.
www.handango.com
Response (Handango Partners) 08/10/2006 11:29 AM 
Hi John,

I apologize that Noah did not explain this to you, but all Handango awarded marketing money expires after one year.  You can use the remaining balance on your currently existing products.  Please let us know how you would like to use this, and we will be sure to schedule your features for you through 1/15/07.  As of right now you have $4250 in marketing and 1 Champion feature (valued at $500-$250).  If as of 1/15/07 this balance has not been exhausted, the remaining balance will expire.

Best regards,
The Handango Partners Team
Customer (John Cody) 08/10/2006 11:44 AM 
But, the fact is that he never mentioned this and I don't see a "1 year ad award expire" policy documented anywhere on your site :(

So, can you please consider these facts and at least meet me halfway by setting the expire date to 12/31/07 ?
Response (Handango Partners) 08/11/2006 10:47 AM 
John,

Again, we realize that Noah did not specify the details of the marketing allowance.  Also, you are correct; we do not have documented procedures published for partners regarding ads that we give to them free of charge.  All this said, the advertising package will expire on 1/15/07, as this is standard practice.

Best regards,
The Handango Partners Team
Customer (John Cody) 08/11/2006 02:36 PM 
Hi,

First, who am I talking to...what's your name?

Second, I want to make sure I have this right…..

You say you have this policy that is not documented anywhere, and neither Noah, Heather or anyone else from Handango ever mentioned it to me, but yet it still exists. And somehow I was still supose to know about it. But, because I am not a psychic, I am now being penalized by having to throw away most of my award before I can actually benefit from it.

Does this sound about right?

If someone from Handango would have told me about this 1-year time limit when it was awarded to me, then I could have adjusted my develoment cycle accordingly. But now it's too late to do so :(

So, can you PLEASE take into consideration that this mis-understanding is NOT due to anything on my part, and at least be fair about this and set the expiration date to a year from today?

If your answer is still no, then please provide me the contact info of someone else who has the power to approve this fair compromise.

P.S. I've been a partner with Handango for almost 6 YEARS!....does that count for anything?

Thank You.

-John Cody
Response (Handango Partners) 08/14/2006 04:14 PM 
Hi John,

I have talked this matter over not only with our management team, but also with our CEO.  Each of us agree that it is important for you to take advantage of the remainder of your marketing allowance before 1/15/07.  We realize that by this date, not all of your new products may be active, but you can use your remaining marketing dollars to promote your existing product SKUs.

Because you were given this marketing allowance in an unconventional fashion, there was no accompanying contract.  Had this been a "true" marketing allowance, there would have been an addendum to your SDA drafted stating that you only had 1 year to exhaust these marketing dollars.  Please let us know how you wish to use the remainder of your marketing allowance, and we will schedule your ads accordingly.

Best regards,
The Handango Partners Team
Customer (John Cody) 08/14/2006 05:37 PM 
Two more questions:

1) Since you are forcing me "spend it or loose it", can I at least use my balance for as many "Champion Spots" as I want?

2) What are the availble:

a) POCKET PC "Featured Spotlight" slots from now until 1/15/07
b) SMARTPHONE "Featured Spotlight" slots from now until 1/15/07
c) POCKET PC "Champion Spotlight" slots from now until 1/15/07
d) SMARTPHONE "Champion Spotlight" slots from now until 1/15/07

-John Cody
Response (Handango Partners) 08/15/2006 11:15 AM 
John,

I think we can do this if we can move on this in the next couple of weeks.  We can give you (1) $500 champion feature per platform per quarter.  For instance, we could give you 1 Pocket PC feature in Q3 and 1 in Q4.  The same applies to the Smartphone edition.  We can no longer sell the Champion's Choice spots, as these are controlled by our Marketing Team.  Please give us the Handango product IDs of the applications you wish to have featured.

Best regards,
The Handango Partners Team
 Customer (John Cody) 08/17/2006 04:13 PM 
OK,

As I understand it, my current ad balance is:

- One Champion Choice Spot
- 2 weeks "Featured Software" spot on handango website
- $4250 of advertising credit

And you said you would allow me to take one champion spot per platform, per quarter, at $500/each, which would be a total of 4 champion spots (2 smartphone, 2 pocket pc - into two different quarters)

So, here is my plan...I'd like to take out these spots:

This is the definition of each of my ad orders:
==============================
TYPE OF AD
    DATE/TIME OF AD
    PRODUCT TO BE ADVERTISED
    COST OF AD
MY AD BALANCE AFTER THE COST OF THIS AD
==============================

Here is my current ad order:

------------------------------------------------
Two Smartphone "Featured Software" spots:
    Time: In the next two upcoming Smartphone Newsletters
    Product: # 191601 John Cody's Alerts! Pro
    Cost: $250 x 2 = $500
Balance: $3750.00
------------------------------------------------
Handango.com website "Featured Product" placement on webpages:
    Time: For the two weeks preceding Christmas
    Product: #14175 - John Cody's Satalert (This product is disabled now while I develop an upgrade which will be ready by 12/1/06)
    Cost: This would be my free 2-week website featured software spot
Balance: $3750.00   
------------------------------------------------
One Pocket PC Champion Spot:
    Time: In Dec, but before Christmas
    Product: #14175 - John Cody's Satalert
    Cost: This would be my free champion spot
Balance: $3750.00
------------------------------------------------
One Smartphone Champion Spot:
    Time: In Dec, but before Christmas
    Product: #14175 - John Cody's Satalert
    Cost: $500
Balance: $3250.00
------------------------------------------------
One Pocket PC Champion Spot:
    Time: In Jan 07, but before 1/15/07
    Product: #14175 John Cody's Satalert
    Cost: $500
Balance: $2750.00
------------------------------------------------
One Smartphone Champion Spot:
    Time: In Jan 07, but before 1/15/07
    Product: # 128636 - John Cody's Vnotes
    Cost: $500
Balance: $2250.00
------------------------------------------------

*** This leave me with $2250 to spend from now to 1/15/07 for to-be-determined "Featured Software" spots in the smartphone and pocket PC newsletters. Please let me know the availible dates for "featured software" spots from now until 1/15/07 for BOTH the smartphone and pocket PC newsletters

Do you FULLY understand what I want to do and do I have everything correct?

-John Cody
Customer (John Cody) 08/17/2006 04:40 PM 
Wait,

I just realized I mis-understood you...

When you said "We can no longer sell the Champion's Choice spots", does that mean I can't use my balance for the large/main "Champion" spot ads ($1250 for Pocket PC and $750 for smartphone)? If this is correct, then as Noah stated, I should still have a credit for a FULL "Champion" spot (NOT A "featured" spot) that I do want to use, so please tell me what platform and date can I use this free "Champion" spot ad.

Also, since now I understand that when you said "We can give you (1) $500 champion feature per platform per quarter", you are just talking about "featured" spots and not a "Champion" spot, then why would I have to pay $500 for a "Featured" spot in the Smartphone newseltter when they are only $250?

Also, since we are now just talking about "feature" ads and not "Champion" ads, then I should be able to take out as many "featured" spots as I want (ad balance allowing), right? Where does it say that there is a limit of just one featured ad per platform per quarter?

If I am correct about only being able to take out the one "Champion" spot, but as many featured spots as by balance would allow, then this is my new ad order:

------------------------------------------------
Two Smartphone "Featured Software" spots:
    Time: In the next two upcoming Smartphone Newsletters
    Product: # 191601 John Cody's Alerts! Pro
    Cost: $250 x 2 = $500
Balance: $3750.00
------------------------------------------------
One Smartphone "Featured Software" spot:
    Time: The next upcoming Smartphone Newsletter
    Product: # 128636 John Cody's Vnotes Pro
    Cost: $250
Balance: $3500.00
------------------------------------------------
Handango.com website "Featured Product" placement on webpages:
    Time: For the two weeks preceding Christmas
    Product: #14175 - John Cody's Satalert (This product is disabled now while I develop an upgrade which will be ready by 12/1/06)
    Cost: This would be my free 2-week website featured software spot
Balance: $3500.00   
------------------------------------------------
One Pocket PC "Champion" Spot (NOT a featured spot):
    Time: In Dec, but before Christmas
    Product: #14175 - John Cody's Satalert
    Cost: This would be my free champion spot
Balance: $3500.00
------------------------------------------------

*** This leave me with $3500 to spend from now to 1/15/07 for to-be-determined "Featured Software" spots in the smartphone and pocket PC newsletters. Please let me know the availible dates for "featured software"
spots from now until 1/15/07 for BOTH the smartphone and pocket PC newsletters

Do you FULLY understand what I want to do and do I have everything correct?

-John Cody
Response (Handango Partners) 08/23/2006 11:26 AM 
Hi John,

Sorry for the confusion.  What Noah promised was a feature in the Smartphone Champion Newsletter, but not the Champions Choice spot.  This is valued at $250 .  This means that you have the following available to you:

1) $4250 in site ads
2) 1 Smartphone newsletter feature ($250)
3) 2 features in the Smartphone catalog ($1000)

We have scheduled the following for you (please consult the advertising prices in the marketing section of your account, as your pricing is off):

Smartphone newsletter feature ($250):November 22nd - this is the soonest available date.  We do not have another opening until January.
Smartphone "featured software" spot for the MPx220 (all Smartphone ads are by device rather than by platform) ($500): September 19th
2 weeks on Handango Homepage ($1000): December 12th and 19th
We can not schedule Champion's Choice spots with marketing allowances.  These are cash only spots, and always have been.  Your new balance is as follows:

$3,750 in marketing to use on Handango properties.  Please understand this is extremely more marketing money than we give other companies and we normally schedule marketing allowance ads as we see fit without requests from developers.

Best regards,
The Handango Partners Team
Customer (John Cody) 08/23/2006 04:19 PM 
OK,

To make sure we are now on the same page:

1) In regard to the "Smartphone newsletter feature ($250):November 22nd" - I want to make sure this will be for my product # 128636 John Cody's Vnotes Pro

2) In regard to the "2 weeks on Handango Homepage ($1000): December 12th and 19th" - I first want to make sure this will be for my product #14175 - John Cody's Satalert

*** And I want to make sure it will appear under the "Pocket PC" link on the main handango homepage.

3)  In regard to the "Smartphone "featured software" spot for the MPx220 ($500) - September 19th" - I would like changed to the "Motorola Q" device and I want to make sure it's for my product #191601 John Cody's Alerts! Pro

*** If any of the above is different from what I described - please contact me ASAP.

So, this will bring my balance to $ 3750.00 as you stated.

Ok, now for a little more sensitive issue...

You first popped this "1 year" limit thing on me 7 months into "the year", so now I have only 5 months left to spend it or loose it. Apparently, I have no choice in this and have to give in.

Then you now say that the "Champion Spot" that noah promised me as compinsation for the mess-up is really just a champion "feature". And apparently, I also have no choice in this and have to give in.

So, please understand that I really don't want to also give in to just using the $4250 on site ads. This was never a restriction.......and proof that this was never a limitation has been that I have already been able to place two non-website ads using it. And I do want to use a significant amount of it for newsletter ads as described later below.

But, I do intend to also spend a significant amount of my balance on web-sites ads - My indent is to try a bunch of different type of web-site ads to see which ones work the best, so when it comes time to spend my hard-earned money, I will know what type of web-site ads to spend it on ;)

*** But it's important that an ad for a particular product does NOT overlap a different type of add for that SAME product - because I will not be able to know which ad type produced the hopefully good result. ***

So, First...

A) I want to take out TWO more smartphone newsletter features:
- One for product #14175 John Cody's Satalert - in the same Nov 22 newsletter if possible ($250)
- One for product #191601 John Cody's Alerts! Pro - in the "Jan" newsletter ($250)

B) And take out a POCKET PC newsletter featuress:
- for product #14175 - John Cody's Satalert - between 11/1 and 12/1 ($500)

This will bring my balance down to $2750.00

Then I want to try these web-site ads:

- "Pocket PC" Platform Homepage - $400 for one week

- "Pocket PC" Platform Category - $100 for one week

- "Featured Products" (by device) - $500 for one week

- Software Spotlight (for a device or "smartphone" platform if possible) - $750 for one week

- Software Spotlight (for a "smartphone" platform if possible) - $750 for one week

- Cross-Sell In basket (for a device) - $300 for one week

*But I wont know the dates to do the above ads until I know which newsletters ad's "A" and "B" will be (so there's no overlap)

I know that this is taking a long time to iron out, but I don't know your phone number so we could do this faster.

-John Cody
Response (Handango Partners) 08/28/2006 02:17 PM 
John,

1) In the Smartphone Newsletter 128636 John Cody's Vnotes Pro will be a featured

2) product #14175 - John Cody's Satalert will be featured on both Handango Homepage spots under the Pocket PC section

3) Moto Q spot are cash only spots.  The feature will remain for the MPx220

Your additional newsletter features are as follows:

Pocket PC Newsletter: 14175 - John Cody's Satalert  on November 21 ($500)
Smartphone Newsletter: Dec. 20th #191601 John Cody's Alerts! Pro (we can not schedule another feature for you in the same November issue and there are not any openings in January).  We can only schedule 1 Smartphone newsletter feature ($250)

Your new balance is $3,000.  Please get back to us with ballpark dates for your other features.

Best regards,
The Handango Partners Team
  Customer (John Cody) 08/29/2006 12:11 PM 
OK,

To just make sure we are in sync:

1) Single placement in "Smartphone Newsletter Feature" on November 22nd For Product # 128636 John Cody's Vnotes Pro (FREE)

2) Two weeks "Handango Homepage: Pocket PC section" webspot on December 12th and 19th For Product #14175 John Cody's Satalert (FREE)

3) Single "Smartphone Featured Software" webspot on September 19th" for device MPX-220 For Product #191601 John Cody's Alerts! Pro ($500)

*** I need a WM5 smartphone device for Alerts!, so if I can't have the Motorola Q device, then I would like the "Cincular 2125" device instead of the MPX-220. ***

4) Single "Pocket PC Newsletter Feature" on November 21 for Product # 14175 John Cody's Satalert ($500)

5) Single "Smartphone Newsletter Feature" on Dec. 20th for Product #191601 John Cody's Alerts! Pro ($250)

6) My product #14175 John Cody's Satalert is BOTH a "Pocket PC" app and a "Smartphone" app, so I would like to take out one additional "Smartphone Newsletter Feature" in a Feb or March smartphone newsletter. I know that this is outside the 1/17 deadline by a few weeks, but it would be GREATY appreciated if you could honor this request :) ($250)

So, if you do agree to #6, then I would like to return the favor and let you propose a schedule for the following website features using my remaining $2750 balance:

- "Pocket PC" Platform Homepage - $400 for one week (can only use #14175 John Cody's Satalert)

- "Pocket PC" Platform Category - $100 for one week (can only use #14175 John Cody's Satalert)

- "Featured Products" (for a WM5 device) - $500 for one week

- Software Spotlight (for a WM5 device or "smartphone" platform if possible) - $750 for one week

- Software Spotlight (for a "smartphone" platform if possible) - $750 for one week

- Cross-Sell In basket (for a WM5 device) - $300 for one week

*** IMPORTANT NOTE: The website features can NOT be scheduled before Nov 14th because the new WM5 versions of my Products #14175 (John Cody's Satalert) and #128636 (John Cody's Vnotes Pro) will not be ready for sale until then.

-John Cody
Response (Handango Partners) 08/30/2006 11:26 AM 
John,

I have drafted an insertion order, which highlights all of the details of your ad campaign/marketing dollars.  Perhaps this will help.  I also changed your Smartphone feature to the Cingular 2125 instead of the MPx-220.  The new date for this ad is 9/26.

No one can schedule ads past January at this point.  The advertsing on our site is slated to change in Q1, so this will not be sold until we know what these changes are.  I can not give you anymore newsletter features with your marketing allowance.

I was only able to schedule 2 additional features for PID 14175, which brings your remaing balance to $1250.  Please provide me with product IDs so I can schedule the remainder of your ads.

Best regards,
The Handango Partners Team
Customer (John Cody) 09/01/2006 12:24 PM 
Hi,

OK, everything on the insertion order you sent me looks good except...

1) The "Pocket PC Platform homepage" for product # 14175 run week of 11/21-11/28 overlaps  with the newsletter release for that same product, so I won't be able to tell how each different ad type did. So, we need to reschedule the "Pocket PC Platform Homepage" for product # 14175 for another week as mentioned below.

2) Also, if I take the total for this insertion order ($1750) and deduct it from my $4250 balance, I get a $2500 remaining balance (not the $1250 you mentioned) am I missing something?

The additional Product ID's to schedule are:

- Product #191601 John Cody's Alerts! Pro (for any week after 11/15 other then the weeks of 12/20)
- Product #128636 John Cody's Vnotes Pro (for any week after 11/15 other then 11/22)
- Product #14175 John Cody's Satalert (for any week after 11/15 other then the weeks of 11/21, 11/28 and 12/12)

Using these remaining ad types:

- "Featured Products" (for a WM5 device) - $500 for one week
- Software Spotlight (for a WM5 device or "smartphone" platform if possible) - $750 for one week
- Software Spotlight (for a "smartphone" platform if possible) - $750 for one week
- Cross-Sell In basket (for a WM5 device) - $300 for one week

-John Cody
Customer (John Cody) 09/02/2006 09:42 AM 
OK,

I have an idea that we can do now...

Lets setup a "Cross-Sell In basket" for the "Motorola Q" device ($300 for one week) for product # 71497 John Cody's SmartTIP.

You can set this up for anytime from now til november.
Response (Handango Partners) 09/06/2006 02:56 PM 
Hi John,

1) I have moved this feature to the 14th, so that it does not overlap with any other ads.

2) You are correct.  I was working with the $3000 figure from the email on 8/28.  Your balance is $2500.

3) I have scheduled these additional ads for you (with the exception of the cross-sell because, as I have explained, we do not sell these features anymore) and updated the insertion order accordingly.  Your new balance is $500. ($2500-$2000)

Please let me know how you would like to use your remaining $500.

Best regards,
The Handango Partners Team
Customer (John Cody) 09/25/2006 11:46 PM 
Hi,

Part of my insertion order was to have my product # 191601 displayed as a
featured product for the Cingular 2125 device on this page:

http://www.handango.com/SoftwareCatalog.jsp?siteId=1&osId=846&jid=3DBEC26EXB
26D6E5FA7F359D5CF4EA5B&platformId=11&N=4294923527

As of 12:38 am eastern, I do not see it as one of the four displayed
featured apps.

Isn't the above link the correct page were I should see my ad?

-John Cody
Response (Handango Partners) 09/27/2006 10:31 AM 
Hi John,

Please keep in mind that our site refreshes occur each night starting at 11 pm CT and do not end for a matter of hours.  I have attached a screenshot showing that your ad is now up on the site.

Best regards,
The Handango Partners Team
Customer (John Cody) 09/27/2006 10:38 AM 
As of last night around 8pm ET, it still wasn't showing up.

But it did appear this morning, so effectively, the ad didn't start until today.
Response (Handango Partners) 09/27/2006 10:49 AM 
John,

You are right.  It should not have appeared on the site until 12 am ET at the very earliest.  Please reread our previous email.

The Handango Partners Team
Customer (John Cody) 09/27/2006 11:03 AM 
I did understand you previous email, and I took it as your site "refreshes" every night at 11pm in preperation for the next days appearance. So, I thought that my ad would have been scheduled in the 11PM refresh of the night of 9/25, so the ad will appear the 26th as scheduled. But, it seems you are now saying that my ad was not in the 25th refresh, but was in the 26th's 11PM refresh, which is why it didn't appear until today

If this is corrent, then why do you say that my ad had a "Start Date" of 9/26, when it actually doesn't get displayed until 9/27?

So, is it correct to assume that my ad will continue to show and be shown for the full day of 10/3, but won't appear the 4th?
Response (Handango Partners) 09/28/2006 08:43 AM 
Hi John,

After talking with our Developer Relations Team, we have decided not to distribute your content on our network of channels from this point forward.  This decision was made for a number of reasons and is supported by section 1c of your Software Distribution Agreement.  Since your account has been terminated and all of your applications have been deleted from our servers, we have requested that our royalty analyst remit any unpaid royalties to you on the 15th of October 2006.

The Handango Partners Team
Customer (John Cody) 09/28/2006 09:02 AM 
What is going on?

Can I please talk to someone on this?

I can't read section 1c of the agreement because I can no longer log into my account :(
 Customer (John Cody) 09/28/2006 10:15 AM 
PLEASE don't close my account. I have been with you guys since the first year you opened your site!

I know that I have been "high maintenance" in setting up my ads, but wouldn't you be a little out of character is someone said to you that you won $5000 dollars worth of gasoline, but you have to use it within a week? (the point being that a lot of the gasoline will go to waste)

I planned on producing updates to my products in Q2 of 2007 and was going to use my ad allowance then. But, because you placed a 1/07 expire date on my ad prize, I've had to completely reschedule my work to accommodate this restriction so that the ad money won't go to waste.

We just spent a bunch of time working out the insertion order and I was just starting to feel OK with the whole "spend it or loose it" surprise. Since this tremendous burden to reschedule my work was put on my shoulders, I just wanted to make sure that the $5000 was used the most beneficial way possible.

My new upcoming product updates (which the ads are for) includes an update to SATALERT (see sales history) which I have almost 1500 existing customers who have been pleading for an update, will make us both some money when its released (if you keep my account open).

Why would you want to through all that away?

Please reconsider this drastic decision, or at least give me the opportunity to correct what these "number of reasons" are.

Thank You.

-John Cody
Response (Handango Partners) 09/28/2006 08:15 PM 
Hi John,

We came to this business decision after much thought and will be sticking to it.  We wish you nothing but the best in your future endeavors, but we will no longer be distributing your content.

The Handango Partners Team

Well, there you have it :(

Section 1c of the Software Distribution Agreement reads:

1c) Distribution. Publisher [Handango], at its sole discretion and at any time, may refuse to distribute any piece of Software from Software Owner [me] that it deems inappropriate for any reason. In addition, Publisher, at its sole discretion and at any time, reserves the right to choose which channel(s), as described in Exhibit B (“Channels”), if any, to distribute the Software.

So basically, if Handango wanted to effectively terminate their relationship with any developer at any time, this clause would allow them to easily do just that without having to state any reason why, and they wouldn't be violating any terms of the agreement by doing so! It would be irrelevant if the developer never violated any terms of the agreement.

To read the rest of my story, along with any updates on this issue, please click on the below link. In addition, that page will allow allow you to sign up to my "Handango Closed My Account!" Newsletter to receive updates on this issue.

Click Here for the Rest of My Story

You can also post a comment in our forum:
OMNISOFT Forum: Handango Closed My Account!

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