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  • #990806
    LucasArthur
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    WOW,

    Ok, another lil out of the box discussion being started by moi :)

    Scenario:
    Have been getting courted over the last 12 months or so to be a seller on a group/advocate site that specifically deals in our product range of which i will not mention as no ill intent is meant.

    This courtship has passed through a few sales peoples hands on the portals side and with their persistence i have finally welcomed a view of the obligations, terms and contracts of this said party.

    Receiving said contracts and sign up forms i cant help but feel a little overwhelmed and being held for ransom as a worst case scenario.

    Allow me to elaborate a little:
    The sign up form is a 1 page doc with 3 tables on it of which 1 table has the fee structure so lets call it ‘table X’ and this document then refers to your obligations to a further terms of agreement listed on their web site that you must also read and ‘agree’ to.

    Understanding legal documents and contracts are ALWAYS written to favour the writer or intended party, i am still surprised that so many loop wholes and open ended costs can and would still be overlooked by potential signers of these agreements.

    Not being a lawyer or anything, read of this how you wish, the contracts basically have the below ‘obligations’ attached:
    1: we have the right to direct debit you ANY fees we see or incur as part of this agreement

    2: You can terminate this agreement to end at the end of said term from section “whatever” (being 12 months) by providing us 30 days notice.. which then has the following doozy of

    3: We can increase your annual membership at any time by giving you 14 days notice (OMG you cant even cancel your annual membership now as the time has lapsed.. LOL)

    4: Any refunds of commissions earned from sales of your products are OURS AND ONLY OURS as we do not refund for ANY REASON unless it is in writing and reviewed and SHOULD we decide to do something cos we can we will only refund these commissions up to the value of 50% of your next years annual fees.. OMG – not even refunding as to the purpose of what the fees were incurred for!

    5: we are right and you are wrong,,, then goes on about something to do with Nah Nah nah Nah Nah :P LOL

    Allow me to ask the forum this:
    So, how many of you have entered into agreements with different sales channels and seen something ‘interesting’ like above? or am i just over reacting to being bent over the proverbial desk?

    Cheers
    Jason

    ps.. maybe i have my negative lex luther hat on today.. not sure :)

    Jason Ramage | Lucas Arthur Pty Ltd | E: [email protected]   P: 61 3 8324 0344    M: 61 412 244 888
    #1178672
    John Debrincat
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    • Total posts: 963
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    SimplyReplica, post: 208111 wrote:
    WOW,

    Ok, another lil out of the box discussion being started by moi :)

    Scenario:
    Have been getting courted over the last 12 months or so to be a seller on a group/advocate site that specifically deals in our product range of which i will not mention as no ill intent is meant.

    This courtship has passed through a few sales peoples hands on the portals side and with their persistence i have finally welcomed a view of the obligations, terms and contracts of this said party.

    Receiving said contracts and sign up forms i cant help but feel a little overwhelmed and being held for ransom as a worst case scenario.

    Allow me to elaborate a little:
    The sign up form is a 1 page doc with 3 tables on it of which 1 table has the fee structure so lets call it ‘table X’ and this document then refers to your obligations to a further terms of agreement listed on their web site that you must also read and ‘agree’ to.

    Understanding legal documents and contracts are ALWAYS written to favour the writer or intended party, i am still surprised that so many loop wholes and open ended costs can and would still be overlooked by potential signers of these agreements.

    Not being a lawyer or anything, read of this how you wish, the contracts basically have the below ‘obligations’ attached:
    1: we have the right to direct debit you ANY fees we see or incur as part of this agreement

    2: You can terminate this agreement to end at the end of said term from section “whatever” (being 12 months) by providing us 30 days notice.. which then has the following doozy of

    3: We can increase your annual membership at any time by giving you 14 days notice (OMG you cant even cancel your annual membership now as the time has lapsed.. LOL)

    4: Any refunds of commissions earned from sales of your products are OURS AND ONLY OURS as we do not refund for ANY REASON unless it is in writing and reviewed and SHOULD we decide to do something cos we can we will only refund these commissions up to the value of 50% of your next years annual fees.. OMG – not even refunding as to the purpose of what the fees were incurred for!

    5: we are right and you are wrong,,, then goes on about something to do with Nah Nah nah Nah Nah :P LOL

    Allow me to ask the forum this:
    So, how many of you have entered into agreements with different sales channels and seen something ‘interesting’ like above? or am i just over reacting to being bent over the proverbial desk?

    Cheers
    Jason

    ps.. maybe i have my negative lex luther hat on today.. not sure :)

    Hi Jason,

    This is “barge pole” stuff so push aware as quickly as possible.

    We deal as re-sellers for many different products in our eCommerce business and personally in other retail businesses. Frankly I would not touch those terms.

    Your call at the end of the day based on the business opportunity.

    Regards

    John

    #1178673
    LucasArthur
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    • Total posts: 3,171
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    John Debrincat, post: 208122 wrote:
    Hi Jason,

    This is “barge pole” stuff so push aware as quickly as possible.

    We deal as re-sellers for many different products in our eCommerce business and personally in other retail businesses. Frankly I would not touch those terms.

    Your call at the end of the day based on the business opportunity.

    Regards

    John

    Howdy John

    Hope you have been well mate.. and thanks for input..

    In my previous life i have dealt with many, and truly many, contracts and i am just amazed as the t’s and c’s on it.. Nothing corresponding, referenced to annexes that are incorrect and so forth.. From a contractual obligation i have to say no, but is a good portal..

    Freaks me out how some of these commission only sites skew towards themselves SO SO SO much and yet they are the ones gaining 100% or more of the time (yeah my math is out.. LOL)…

    Thanks again mate, appreciate your input and general posts..

    Jason

    Jason Ramage | Lucas Arthur Pty Ltd | E: [email protected]   P: 61 3 8324 0344    M: 61 412 244 888
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