Donovan Phillips Ripping Me Off again - GoFuckYourself.com - Adult Webmaster Forum

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Fletch XXX

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#201

08-08-2005, 04:43 PM

also, the other day i made this site

http://www.fletchbucks.com

he saw it and saw that I had not linkd my tour from it, guess what. He posted on gfy and my board trying to get me to link it.

I want nothing to do with this guy, he comes to me for graphics. I provided graphics for him in good faith.

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#202

08-08-2005, 04:44 PM

Donovan you are not looking at the big picture. You have dollars and cents on your mind right now but the wrong dollars and cents. Lets say you two go to court and you win the $586 from Fletch you will also lose on many counts of copyright infringement. That is going to cost you a hell of a lot more than the $586 you just won. It is sort of like cutting your head off to save your neck. As a photographer I am sure you are well aware of the copyright laws.

Turn your computer off, sit down or do whatever relaxes you and think about it. If you come to the same decision then so be it but it is going to be a costly one.
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#203

08-08-2005, 04:45 PM

and less than a month ago, on July 23rd, Donny made a post requesting Fletch to add his NCG tour to "Fletch Bucks," Fletch's new promo site.

I guess that was more charity assistance since the tour is so horrible?
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#204

08-08-2005, 04:45 PM

I offered to "make changes" and any updates to the tour.

thats all.

Donny is twisting shit around like i was in some fucking agreement regarding promo material providing. That is not the case.

If i offered to do any (as i did over 10 galleries and 35 banners initially) it would have been done in good faith.

There was no agreement regarding promo.

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#205

08-08-2005, 04:46 PM

A) Copyright infringement is a very serious thing and the penalties/awards to fletch could easily be in the 10's of thousands.

B) If someone has a deal with you to make 50% of sales from a specific tour, and part of the deal was to make banners to promote it, it is pretty much common sense that those banners are only to be used for promoting the tour in which the person makes the money from. Duh.

C) Copyright infringement is a very serious thing and is VERY easy to sue someone for, the Gov't is VERY helpful in assisting you in your case.

D) I would either pay the guy, or take down his work.

E) Copyright infringement will fuck you over, big fucking time, it's no small fine...
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#206

08-08-2005, 04:46 PM

I know it's just pre-season but Monday Night Football is on ABC.

I'll check in on you boys after the game.

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#207

08-08-2005, 04:48 PM

Dear Fletch,

From your email:

I put a lot of time into those banners and I was prepared to look the other way if a few affiliates used them to link you or something... but not for use in mass free site production.

And I, Fletch, have been willing to look the other way that you didn't fulfill your end of the bargain by creating new promotional materials. I allowed you to remain on sub-account 3 as a 50/50 partner.

See, it's a catch-22 Fletch... you didn't want to hold up your end because the money wasn't rolling in as you expected. But money can't roll in when affiliates have nothing new to promote, dear Fletch. So the tour was basically fucked. You didn't want to create new materials to get it more traffic, and without more traffic it can't make money.

But simply because I let it slide without riding your ass for not upholding your end does not mean that you didn't still need to actually live up to what you agreed to do. You were overpaid. You didn't do what you said you would do. The reasons you decided not to do this are irrelevent.

You were paid $582.36 for doing something you actually DIDN'T do.

So here's what I'm offering:

1. I'll have all of your banners pulled and replaced and you'll refund me the $582.36 that you were overpaid and will shut down http://tour1.nakedcollegegirls.tv and we'll be done with all this.

OR

2. I'll pay you the $515 you asked for on Thursday. And you refund me the $582.36 that you were overpaid and I'll then own the banners and shut down http://tour1.nakedcollegegirls.tv and we'll be done with all this.

OR

3. I'll let you keep the $582.36 you were overpaid and remove your name from sub account 3, aka http://tour1.nakedcollegegirls.tv and will pay you $250 for the banners and all graphics related to this tour.

Those are my offers. Which would you like to take?
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#208

08-08-2005, 04:49 PM

Originally posted by Doctor Dre

Ok nvm about the so dumb thing... but the gfy court has ruled you guilty of not paying fletch for his goods and using them without his concent . EVERYBODY in this thread tells you that fletch is right ...

Thats the way I see it as well.
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#209

08-08-2005, 04:49 PM

ok....i get it...you do graphics....right, i thought you were supposed to keep making graphics....am i wrong? is that not the original agreement....?

i didnt bite.....im just confused....and how do you justify the 582? is that just casualty of war since he didnt take you off of it and let it slide?>

you do graphics....but what about the 582? thats my question.....

can i see some graphics of yours.... for a whole differtent thing.......not necessarily the ones done for donny, (but i want to see those banenrs too)

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#210

08-08-2005, 04:51 PM

Originally posted by tranza

I REALLY don't believe that 22k clicks were to the tour.

Why don't you show us how many clicks CCBill counted to the tour that month?

good point
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#211

08-08-2005, 04:55 PM

Originally posted by baddog

good point

But irrelevent to the fact that Fletch has not held up his end of the deal: providing new promo materials.
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Fletch XXX

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#212

08-08-2005, 04:55 PM

Originally posted by DonovanPhillips

3. I'll let you keep the $582.36 you were overpaid and remove your name from sub account 3, aka http://tour1.nakedcollegegirls.tv and will pay you $250 for the banners and all graphics related to this tour.

I want $500 for the banners.

I will give you the galleries ($350)

Take my name off the tour and pay me and this dies today.

If you pay me $500 i look at it as a $1500 job, which we will be even.

Take my name off the account and be done with me. I will consider it all done deal.

We are done. Wash your hands of me.

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#213

08-08-2005, 04:57 PM

Originally posted by DonovanPhillips

He will be paid when he refunds the money he was already paid for services not performed. Why is this hard to understand?

Really not hard to understand at all. If he made promotional ads to his tour under a verbal agreement and you are using his promos for your other tours, then you own him money.
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#214

08-08-2005, 04:58 PM

Originally posted by DonovanPhillips

But irrelevent to the fact that Fletch has not held up his end of the deal: providing new promo materials.

But it was a part of your argument earlier.. It was an interesting part..
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#215

08-08-2005, 04:58 PM

Denny Crane
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#216

08-08-2005, 05:01 PM

where are these 500 dollar banners?

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Fletch XXX

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#217

08-08-2005, 05:02 PM

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Fletch XXX

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#218

08-08-2005, 05:02 PM

http://www.donnysmoney.com/hostedgalleries.htm

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#219

08-08-2005, 05:03 PM

hey thats funny

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Fletch XXX

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#220

08-08-2005, 05:03 PM

i mean, why should these be used to push a blog?

Lets end this shit

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#221

08-08-2005, 05:04 PM

Originally posted by Fletch XXX

I want $500 for the banners.

I will give you the galleries ($350)

Take my name off the tour and pay me and this dies today.

If you pay me $500 i look at it as a $1500 job, which we will be even.

Take my name off the account and be done with me. I will consider it all done deal.

We are done. Wash your hands of me.

Nope. Doesn't work.

Another counter offer:

You get $500 for the banners. You get $350 for the galleries. I get a refund of my $582.36. The balance is $850 - $582.36 = $267.64.

EDIT: and you're removed from sub account 3.

Last edited by Donny; 08-08-2005, 05:05 PM.
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#222

08-08-2005, 05:04 PM

Originally posted by DonovanPhillips

But irrelevent to the fact that Fletch has not held up his end of the deal: providing new promo materials.

Fact : You lied about the 1:22k conversion (22k gallery hits yeah...)
Fact : You didn't do your part : Push his tour and send him enough traffic for him to be able to make enough money to pay himself for his work.
Fact : You are using content you got NO right over right now . It belongs to fletch . He asked you to take it down and you didn't . You are STEALING his content and using it for something else then the site he did it for.
Fact : Fletch is not getting any $ from that content you are using somewhere else
Fact : You are a scammer
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#223

08-08-2005, 05:06 PM

Shut up mailer, you ignorant moron. How can traffic be sent to a program with stale, non-updated promo materials?
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Fletch XXX

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#224

08-08-2005, 05:07 PM

Originally posted by DonovanPhillips

Nope. Doesn't work.

Another counter offer:

You get $500 for the banners. You get $350 for the galleries. I get a refund of my $582.36. The balance is $850 - $582.36 = $267.64.

$500 or it will not die today.

and it will cost you, MUCH more.

I am already cutting you a deal on the banners and throwing in galleries. You are in this thread telling LIES to try and make me look bad by posting stats, yet you dont want to step up now?

You owe me $500 ESPECIALLY since you claim to now have removed me.

Thanks, that should make it easier to get my money from you.

Thats all folks, you see what kind of person DOnovan Phillips is.

I leave my offer open of $500, but I will not budge.

Enjoy your night Donny.

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#225

08-08-2005, 05:09 PM

seriously, you charge 15 dollars for those banners? im not bashing you....im obviously a noob, check the post count....if you charge 15 bucks for those....and i see everyone agreeing that they are worth it? obviously im totally new to graphic prices....

I need to be doing something else....;)

here just a second.....this image...

this is 15 dollars?
honestly...im so new.....15 fuckin dollars? im so gonna get iunto banners n shit....

seriously.....this is how much graphics are?

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#226

08-08-2005, 05:09 PM

Originally posted by Fletch XXX

$500 or it will not die today.

and it will cost you, MUCH more.

I am already cutting you a deal on the banners and throwing in galleries. You are in this thread telling LIES to try and make me look bad by posting stats, yet you dont want to step up now?

You owe me $500 ESPECIALLY since you claim to now have removed me.

Thanks, that should make it easier to get my money from you.

Thats all folks, you see what kind of person DOnovan Phillips is.

I leave my offer open of $500, but I will not budge.

Enjoy your night Donny.

You are a fucking moron! Now you want to be paid for everything AND get the money for what you DID NOT DO?

No, my final offer is what I posted in #221.
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Fletch XXX

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#227

08-08-2005, 05:10 PM

Originally posted by DonovanPhillips

Shut up mailer, you ignorant moron. How can traffic be sent to a program with stale, non-updated promo materials?

If it stale and non updated, then why the fuck are you using it in your LATEST PROMO?

you keep putting your foot in your mouth.

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#228

08-08-2005, 05:14 PM

Originally posted by Fletch XXX

If it stale and non updated, then why the fuck are you using it in your LATEST PROMO?

you keep putting your foot in your mouth.

Oh my God, how stupid can one person be?

All you had to do was create new galleries once a month. That's it. I didn't give a fuck if you used the same templates, IE same graphics. All you had to do was pic out new pics from my members area and plug them into your templates so I could send them out to affiliates.

Did you ever do that? Even once?
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#229

08-08-2005, 05:15 PM

Originally posted by DonovanPhillips

Nope. Doesn't work.

Another counter offer:

You get $500 for the banners. You get $350 for the galleries. I get a refund of my $582.36. The balance is $850 - $582.36 = $267.64.

EDIT: and you're removed from sub account 3.

For less than 1,000, your a risking your business to operate in a college town. You and your girlfriend do not even know how close you are to shut down.

Really sad
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#230

08-08-2005, 05:16 PM

Originally posted by DonovanPhillips

EDIT: and you're removed from sub account 3.

This is going to be the funnest part.

YOU have taken me off an account, that I should rightfully still be collecting on. You sealed my case.

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#231

08-08-2005, 05:16 PM

Originally posted by SureFire

For less than 1,000, your a risking your business to operate in a college town. You and your girlfriend do not even know how close you are to shut down.

Really sad

I think he's counting on Fletch not taking the extra step.

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#232

08-08-2005, 05:17 PM

Originally posted by SureFire

For less than 1,000, your a risking your business to operate in a college town. You and your girlfriend do not even know how close you are to shut down.

Really sad

You are forgetting that he received $500 up front.
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#233

08-08-2005, 05:17 PM

Originally posted by Fletch XXX

This is going to be the funnest part.

YOU have taken me off an account, that I should rightfully still be collecting on. You sealed my case.

Read for comprehension next time, moron... that was part of the deal if you accepted it.
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#234

08-08-2005, 05:17 PM

Originally posted by DonovanPhillips

Shut up mailer, you ignorant moron. How can traffic be sent to a program with stale, non-updated promo materials?

If this material isn't good enough to promote his tour, why are you using it to promote your websites ?
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#235

08-08-2005, 05:19 PM

Originally posted by SureFire

For less than 1,000, your a risking your business to operate in a college town. You and your girlfriend do not even know how close you are to shut down.

Really sad

And its also sad that he doesn't seem to take Fletch or even myself seriously. All Fletch is asking for is $500. Donny already even AGREED to pay him that on FRIDAY, as in three days ago. Then all this.

I've taken people to small claims court before and won, its actually a really simple process and doesn't cost much at all. It sounds lame to chase $500 bucks, but well what else to do?
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#236

08-08-2005, 05:21 PM

UPDATE:

$500 for the tour (already paid before the project started)

Fletch wants $500 for the banners (ok)

Fletch wants $350 for the galleries (ok).

Fletch has been paid an additional $582.36 (for what?)

So let's do the math:

$500 for tour
$500 for banners
$350 for galleries
____

$1,350.00
-$500.00 paid upfront
-$582.36 checks paid and cashed
_______
$267.64 is what Fletch is currently owed.

Am I missing something here?
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#237

08-08-2005, 05:21 PM

case sealed?.....did you do what was agreed to recieve the 50/50 affiliate money?

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#238

08-08-2005, 05:22 PM

Originally posted by Deej

seriously, you charge 15 dollars for those banners? im not bashing you....im obviously a noob, check the post count....if you charge 15 bucks for those....and i see everyone agreeing that they are worth it? obviously im totally new to graphic prices....

I need to be doing something else....;)

here just a second.....this image...

this is 15 dollars?
honestly...im so new.....15 fuckin dollars? im so gonna get iunto banners n shit....

seriously.....this is how much graphics are?

nobody I do graphics for ever would pay $15 for that pic.
http://illcreations.com/adult/buttons/index.html
all these were $1 static button $2 animated button $5-$10 for the larger ones.

http://illcreations.com/adult/banners/index.html
all these ones were $2 $5 for animated $10-$15 for the nicer ones.

See... not much money in that sort of stuff... do tours galleries and freesites etc. Then you will make money.
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#239

08-08-2005, 05:25 PM

Originally posted by DonovanPhillips

UPDATE:

$500 for the tour (already paid before the project started)

Fletch wants $500 for the banners (ok)

Fletch wants $350 for the galleries (ok).

Fletch has been paid an additional $582.36 (for what?)

So let's do the math:

$500 for tour
$500 for banners
$350 for galleries
____

$1,350.00
-$500.00 paid upfront
-$582.36 checks paid and cashed
_______
$267.64 is what Fletch is currently owed.

Am I missing something here?

AND LET ME POINT SOMETHING OUT: this is the type of dialogue I was attempting with Fletch BEFORE he started this drama whore thread.
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#240

08-08-2005, 05:30 PM

Donovan you are going to lose your ass on this one. I know you think you are right and have a valid argument but it legally will not hold up in court. Call your attorney and ask him for some advice before you get to far into this if you have not done so already. $500 is nothing compared to what you could be losing here.

Penalties for copyright infringement differ in civil and criminal cases. Civil remedies are generally available for any act of infringement without regard to the intention or knowledge of the defendant, or harm to the copyright owner. Criminal penalties are available for intentional acts undertaken for purposes of "commercial advantage" or "private financial gain." "Private financial gain" includes the possibility of financial loss to the copyright holder as well as traditional "gain" by the defendant.

The minimum amount that can be awarded for infringement in a civil case is $500 and the maximum is $20,000 per instance. How many banners do you have up? Take that and multiply it by the minimum $500 and see what number you come up with.
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#241

08-08-2005, 05:30 PM

LMAO!!! Next time I buy content.. I'll hold the seller responsible if it doesnt convert!!! Hey News Flash... you accepted the design? Yes? Then you have only yourself to blame..

And as Sly said.. I recall Donnie making some spam threads in the past announcing to us all how fucking happy he was with Flecth new KICK ASS design..

Last edited by xxxdesign-net; 08-08-2005, 05:31 PM.
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#242

08-08-2005, 05:30 PM

Donny why has your story changed in this thread that he owes you $67 to you owe him $267.64

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#243

08-08-2005, 05:30 PM

ok so is it the banner money or is it the tour money that fletch wants?

if its the banner money.....yrs fuckin right.....i was gonna say no way that could be 15 dollars.....

if its the tour money then i have no clue on that.....and donny is silly for agreeing to pay 15 for that.....and if you say you gave him a deal by knocking it down 5 dollars thats a joke.....dude seriously......15 fuckin dollars for those banners....

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#244

08-08-2005, 05:33 PM

Originally posted by Stallion

Donny why has your story changed in this thread that he owes you $67 to you owe him $267.64

Because he wants to be bought out for everything and have his name taken off. He name off prices. The numbers aren't disputeable:

$500 tour
$500 banners (overpriced, but oh well)
$350 galleries
____

$1,350.00 total.
- 500.00 paid upfront
- 582.36 paid and cashed
_______
$267.64 owed. using HIS numbers.

Clear?
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#245

08-08-2005, 05:34 PM

Originally posted by DonovanPhillips

But irrelevent to the fact that Fletch has not held up his end of the deal: providing new promo materials.

Donny, you said he was converting at 0:22k this month . . . that is bullshit, and everyone (including you) knows this.
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#246

08-08-2005, 05:36 PM

legally donnie may owe.....but in real fuckin life....wich we all know...real life has nothing to do with law but for fucks sakes....i personally think he payed for rodeo drive and got 8 Mile....(the trailor park part)

come the fuck on.....how much do you really want for that shit....go and look at those banners....honestly almost all of them couldnt have taken you more than 5 minutes (or less) EACH......and you want 15 mother fuckin dollars....at discount price of course.....

your serious?

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#247

08-08-2005, 05:38 PM

Originally posted by Deej

ok so is it the banner money or is it the tour money that fletch wants?

if its the banner money.....yrs fuckin right.....i was gonna say no way that could be 15 dollars.....

if its the tour money then i have no clue on that.....and donny is silly for agreeing to pay 15 for that.....and if you say you gave him a deal by knocking it down 5 dollars thats a joke.....dude seriously......15 fuckin dollars for those banners....

What fucking part do you not get dumbass? If he doesn't want to pay the asking price DON'T FUCKING USE THEM!

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Donny

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#248

08-08-2005, 05:38 PM

Originally posted by Deej

ok so is it the banner money or is it the tour money that fletch wants?

if its the banner money.....yrs fuckin right.....i was gonna say no way that could be 15 dollars.....

if its the tour money then i have no clue on that.....and donny is silly for agreeing to pay 15 for that.....and if you say you gave him a deal by knocking it down 5 dollars thats a joke.....dude seriously......15 fuckin dollars for those banners....

I agree. That's way overpriced. Oh well. He wants to settle this, I'll settle it.

Here's what he's asked me to pay:

$500 for the tour.
$500 for the banners.
$350 for the galleries.

OKAY, I'll pay those prices. So let's subtract what I've paid him so far:

$500 paid up front. $582.36 paid via ccbill. That leaves $267.64 owed. Fine. I'll pay that and we're done.

All of this started because he insisted that I pay him $515 and I said that was too much, after all he's already been paid. He blew up and took it GFY instead of discussing the matter further.
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Donny

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#249

08-08-2005, 05:39 PM

Originally posted by chadglni

What fucking part do you not get dumbass? If he doesn't want to pay the asking price DON'T FUCKING USE THEM!

Okay... I've offered to pay him what he's owed. But he wants more than he's owed now because he can't get the math through his head.

That is what started all of this.
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chadglni

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#250

08-08-2005, 05:40 PM

Originally posted by DonovanPhillips

Okay... I've offered to pay him what he's owed. But he wants more than he's owed now because he can't get the math through his head.

That is what started all of this.

Look, you keep changing numbers but why should he ever be taken off the partnership deal? Go ahead and factor in how much you will make on that tour in the next 50 years while you're figuring how much you owe to take him off. $500 is a bargain.

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