|
Handango Closes My Account and Reneges on Raffle Prize!
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
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comment in our forum:
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