| Posted: 25 Oct 2006 at 5:53am | IP Logged
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John: Here is what I sent Handango, using your form:
To the Handango Partners Team regarding John Cody
I am a customer of John Cody, having bought one of his products via Handango. I read the documentation related to your handling of John Cody's raffle prize of $5000 of advertising, including emails between you and him. I believe that you are being unfair to him.
I see two key points here:
1. John won the prize fair and square but wasn't told about the time limit for advertising when he won.
2. Both of you spent significant time in trying to reach a resolution, but you ran out of patience and decided that you could eliminate the problem by cancelling his contract.
You have cancelled his contract without fulfilling outstanding obligations (the advertising), which is clearly unethical and may be actionable.
The result is that you win, saving $5000, and he loses, both the $5000 in advertising and his sales outlet through you. My reaction: BIG GUY steps on little guy.
If your problem was the time being spent on this issue, you could have told him that rather than just cancelling him. If your problem was the $5000, you are solving it at his expense, and shame on you.
I can suggest an alternative solution:
1. Give John until next August (one year after first mentioning the one-year limit), or next November (one year after resolving the issue) or next December 31 (if you feel generous) to spend the remainder of the $5000.
2. Require John to submit a firm advertising plan now that conforms to your current rules and accounts for the remaining credit, with no changes permitted.
3. Continue his contract at least until the advertising credit (your obligation) runs out.
4. Continue his contract beyond that unless and until you have a reason other than this issue for cancelling.
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