Network not paying, how to pursue legally?

when you signed up what does the T&C say about payments...should be able to find that some where.
Click to expand...

Chances are the agreement you signed says they dont have to pay you until they get paid. There isnt much you can do here, i am sure Wotogopa is trying to collect but the continuity space has a lot of shady advertisers and if a network doesnt screen them good enough they can get stuck in this position if they dont have the cash flow to pay it and fight the advertiser. I would chalk it up to a learning experience and continue to try and get paid but dont be to hopeful about it
Click to expand...

Both of those are pretty much on point. I work in credit when not working on AM, and most of the times you're pretty much bound to whatever terms you agreed to when you signed up. If this affiliate network had any idea what they were doing, they would have hired a decent lawyer to write the Terms & Conditions and would have included clauses for choice of venue (where you can sue), what the process is for handling disputes in payment (which will absolutely favor them), whether or not you have any right to collect attorney's fees on top of the money they owe you (doubt it), and more likely than not, they included a "Pay When Paid" clause, meaning you get nothing until they get paid.

However, you might have some sort of claim against the advertiser themselves depending on the contracts linking you all together. If the network has any integrity, you might be better off working with them and seeing if there's any chance of pursuing the advertiser on your own.

As an added side note, $9k is above the small claims limit for most states, so even if you were located in the U.S., that most likely wouldn't be an option.
 


thunderlips said:
any fraud? mix-in of crap? in other words, did you behave?
Click to expand...

No, all my traffic was legit. But im guessing the advertiser had a problem with traffic quality because of other affiliates.

Thanks for all the replies, unfortunately it seems their T&C's cover them in this case.
 
mkrongel said:
Chances are the agreement you signed says they dont have to pay you until they get paid. There isnt much you can do here, i am sure Wotogopa is trying to collect but the continuity space has a lot of shady advertisers and if a network doesnt screen them good enough they can get stuck in this position if they dont have the cash flow to pay it and fight the advertiser. I would chalk it up to a learning experience and continue to try and get paid but dont be to hopeful about it
Click to expand...

What he said. And if you did want to sue you're looking at spending at least $15-25k in legal fees and probably a year worth of time if someone knows how to drag it out. $9k is really a waste of time to persue and like Mike said have to chaulk it up to a learning experience. Chose your Networks widely young jedi, it's not always about the highest payout. Everything is always good until it isn't.

Fucking sucks ass man, I feel your pain believe.
 
If you want to be an affiliate network it's essential to understand that you are the protective layer between the publisher and the advertiser. Any legal agreements, contracts, insertion orders you create with the advertiser should then be the protective layer between the network and the advertiser.

If an advertiser packs up and leaves town and doesn't pay your $15k invoice, that's your fucking problem as the network and it's your responsibility to ensure that your publishers are paid regardless.

That IS the whole point of an affiliate network. Bringing advertisers collectively to one spot, and economically protecting your publishers; collection & protection.

In other words, that network should have paid you regardless. The only thing they should have ever waited on was the validity of the conversions through invoicing.
 
PeerFly said:
If you want to be an affiliate network it's essential to understand that you are the protective layer between the publisher and the advertiser. Any legal agreements, contracts, insertion orders you create with the advertiser should then be the protective layer between the network and the advertiser.

If an advertiser packs up and leaves town and doesn't pay your $15k invoice, that's your fucking problem as the network and it's your responsibility to ensure that your publishers are paid regardless.

That IS the whole point of an affiliate network. Bringing advertisers collectively to one spot, and economically protecting your publishers; collection & protection.

In other words, that network should have paid you regardless. The only thing they should have ever waited on was the validity of the conversions through invoicing.
Click to expand...

I totally agree with this. The same thing happened to me with Pepperjam a while back. There is really no point in running with a network that won't pay you when they don't get paid. You might as well go straight to the merchant and work out a deal. The whole point of running through a network is to protect you from merchants not paying.
 
13tomriddle13 said:
I totally agree with this. The same thing happened to me with Pepperjam a while back. There is really no point in running with a network that won't pay you when they don't get paid. You might as well go straight to the merchant and work out a deal. The whole point of running through a network is to protect you from merchants not paying.
Click to expand...

The whole point in running with a network is simple. Its cash flow, I would much rather get paid weekly then get paid net 30 or even net 60. And smaller networks can't "eat" those losses. While bigger networks depending on your relationship may eat the losses and just pay you anyways. But for the most part legally all networks don't have to pay you unless they get paid. Its a sucky situation but move on and learn from your mistake by not working with a smaller network.
 
by not working with a smaller network
Click to expand...

by not working with any small networks. (and there's one hyped up new one i'm particularly looking at.)
 
Thanks for the heads up, will take in account when work with Will's network. But they pay wires for $1500+/week only which sucks anyway.
 
kanehood said:
As an added side note, $9k is above the small claims limit for most states, so even if you were located in the U.S., that most likely wouldn't be an option.
Click to expand...

They are based in Canada.

I bet you'll get paid if you share your vocal enough about it.
 
narsticle said:
I bet you'll get paid if you share your vocal enough about it.
Click to expand...

Indeed. That guy lives off of newbies. Start talking about how he failed to pay you 9k, which is a number most newbies would love to achieve, and you might start messing with his bottom line.

What a chump. I'm telling you guys, look at the header on his network site. It's ROIShare...
 
I was told to "keep it private", or "I might end up in court and sued for damages". Which would probably cost them more than what they owe me anyway. And for what damages I don't know.

Anyways, thanks for all the responses, and learn from my possible 9k mistake :)
 
thuxen said:
I was told to "keep it private", or "I might end up in court and sued for damages". Which would probably cost them more than what they owe me anyway. And for what damages I don't know.

Anyways, thanks for all the responses, and learn from my possible 9k mistake :)
Click to expand...

Okay - a few things...

First - what they are doing above is illegal in most places. That's intimidation and harrassment. It's also more or less extortion/blackmail. Don't hold your breath for anyone to come to your rescue over it.

Second - if you did go after them legally you'd probably be best off doing so in small claims court - there's no attorneys. Once they get the notice they are likely to settle or just not show up. Given the dollar amount you might have to split it into separate claims - you can possibly do that if it was different payments or campaigns they didn't pay you for.

Third - even if you do win in small claims court - it doesn't mean you'll ever see a dime of money. Even though you won the courts do NOTHING to help you collect. The payment is very much voluntary on behalf of the other party. You can of course have their property seized, etc, but that requires further court orders and what not. Since they are in another country - good luck with that....

If I were you...I might take a little different angle on this. Approach the network company as your friend/partner. Tell them you completely understand their position and while you do not agree with it you want to work together to make this right.

Suggest they make a show of good faith and stop running all offers from that company until it is sorted out....and then see what their reaction is to THAT.

If you are running a company -ANY company - you have to be prepared to say "NO" to a customer who hasn't paid. Period. Doing anything else is lunacy and future bankruptcy.

By the way...the definition of bankruptcy is NOT what most people think it is. Most people think it means you ran out of money. That is not quite true.

The real definition of bankruptcy is this: It is when your short term financial responsibilities are greater than your short term cash assets. If you have 20 billion dollars right now and owe 21 billion due on Monday - you're bankrupt.

This is why smart companies file bankruptcy FAR before they run out of cash. Once you are actually out of cash you are fucked. Until then you have options.
 
thuxen said:
I was told to "keep it private", or "I might end up in court and sued for damages". Which would probably cost them more than what they owe me anyway. And for what damages I don't know.
Click to expand...

Holy shit, now I KNOW I'll never work with them.
 
thuxen said:
I was told to "keep it private", or "I might end up in court and sued for damages". Which would probably cost them more than what they owe me anyway. And for what damages I don't know.

Anyways, thanks for all the responses, and learn from my possible 9k mistake :)
Click to expand...

This is what he does with everyone. I've outed him and his little sites on my blog, and I've received legal threats.

If he did pursue them, it will only take this thread and make it much, much worse.

If you can't get honest feedback about your company, due to YOUR wrong doings, then you do not need to be in Business.

The guy believes he has to attempt to bully people around to get what he wants. Trash talking, lies and threats. Nothing's changed, nothing will change.

As far as what you're owed, don't stop pursuing it. GET THAT MONEY. They've proven that money comes first, customers come last, but don't let them do it to you.

Break the cycle.

PS If I get any legal threats from this post, I'll make sure it leaks somewhere for all to see. :angrysoapbox_sml:
 
Might want to move this to the shooting the shit section so it gets indexed
and change the title to PPC Coach not paying affiliates.

I had a argument with him a while ago because I thought he was fucking me out of referrals to his site, when I first got into AM. He threatened to ban me for accusing him.

He seems like a real doucebag of a person.

I would stay away from PPC-Coach and Wotogepa at all costs.
 
You must log in or register to reply here.
Top Bottom
Back