If you bought a script and it didnt work, would you expect to pay for it? ...

A verbal contract can and DOES stand in cases like this... Alot more often than not...

Where are your mssgs and emails asking for the things you asked for to be added in...?? Or complaints that the script isn't performing?? Most states would require you to allow the contract worker to make right on his end of the bargain... in this case the script.

No complaints or requests? oops. The judges ARE smart enough to want emails WITH full headers nowadays as well... not just some typed out page. :winkwink:

So it's Oops, pay the 200 and live with it. YOU made the deal without disclaimers and/or made no complaints it sounds like. It also sounds like someONE needs to have a 3rd party that understands bus-i-ness to make your deals. :Graucho

If a verbal contract CAN and DOES stand, then this whole thread is pointless. I promised him $200 and 5% of what the script earned. The script earned $0, and he got his $200 at the beginning of November. Your argument that I owe something was just shot down. Its not Ooops anything. The script was never finished plain and simple and he was paid anything you claim he was owed.

I don't see that as being logical on Alky's part. Would you do work with no guarantee of getting any %? And btw, you posting those stats, which are linked on your domain, and I will vouch for seeing them, seems to entitle Alky to 5% of $2139.55. Whether that is true or not, you made it fact by posting those stats.

Also, you saying you the site has made no money, and posting those stats, seems to make you a liar. So anyone would believe anyone but you.

Oh, and yes, the 5% doesn't total to even $200 ... it totals to $106 for this pay period.

Oh, MultiSexSite, did you send Alky the initial $200 like he said?

Cheers,
Matt

Take the advice of using a 3rd party to make your deals Multi... you missed the entore point...

Where is YOUR email and mssgs stating to him that things were NOT right?!?!

If YOU did not contact HIM then YOU are now defaulting. He was supposed to know there was a problem or problem/S by...

Osmosis... photosynthesis... Psychic abilities...???

So the courts would rule that you defaulted for not notifying the proper person or persons of the problems.

Oops.

I have dealt with verbal contracts for probably longer than you have been wearing long drawers and have been in the courts, both civil as well as small claims. Haven't lost a case yet btw... It pays to know HOW to do business BEFORE attempting it. :Graucho

There is a very simple set of rules both parties have to follow. He did his, but you defaulted when you didn't bring it to his attention that the thing didn't work... Now had YOu brought it to his attention, and he didn't fix the problem, then ALKY defaulted. Your court, you dropped the ball.

Try to buy a car from a neighbor and have it stall, don't pay for it because it didn't work right... guess who loses?! Same principle.

He was sent the $200 back in early November. He even said that. Why the fuck are you trying to act like I didnt?

I made what a fact by posting those stats? That I had that much worth of sales? Yes. That I owe Alky anything? No.

When did I say the site made no money dumbass? On November 30th, the site hadnt made any money. Check the ICQ log I posted.

ALKY is not owed a single fucking penny. You say I owe him money because we made a deal, does that mean he doesnt have to do his part of the deal? Thats ridiculous. I did everything I said I would. He didnt complete the script. I'm not the one in the wrong here.


Basically what you are saying is this:

If I buy 100 signups for my paysite from someone, I pay them half upfront, they send a few signups, then they start posting here that I owe them money, then I should pay them.

Your logic is bullshit.

Wait a fucking minute:

--------
I have dealt with verbal contracts for probably longer than you have been wearing long drawers and have been in the courts, both civil as well as small claims. Haven't lost a case yet btw... It pays to know HOW to do business BEFORE attempting it.

There is a very simple set of rules both parties have to follow. He did his, but you defaulted when you didn't bring it to his attention that the thing didn't work... Now had YOu brought it to his attention, and he didn't fix the problem, then ALKY defaulted. Your court, you dropped the ball.

Try to buy a car from a neighbor and have it stall, don't pay for it because it didn't work right... guess who loses?! Same principle.
---------


How do you know I didnt alert him to the problem with the script? YOU DONT. You dont know the full details of this transaction. Thats why you cant sit here and assume things.
He DID NOT do his. I clearly told him there was a problem. He told me he was drunk and would do it later. The next time I heard from him he was asking about how many sales I was getting.

I have a strange feeling this is gonna get real ugly . drama i love it:thumbsup

Bottom line is this:
I did not offer him 5% of my company.
I did not offer him 5% of ALL sales.
I did not offer him 5% of everything.

He was offered $200 for the script, plus 5% of sales recieved due to the script.

He accepted this offer.

This makes the verbal contract.

NOTE: I did not have this intention in mind when making this deal, I am simply responding with several valid reasons why in court I would not owe him this money, since everyone is not reading all the facts.

According to this contract, I am not "forced" to use his script. If I choose not to use the script and dont make any sales, he gets nothing. Nowhere in the agreement am I required to use the script.

But keep in mind that was not my intention. I fully intended to use the script. The problem was that it was a complete piece of crap script. There were many problems and he was made aware of them.

LIST OF PROBLEMS:

In my admin area, I dont know who has sent me sales, who I need to pay. This would result in no one getting paid.

Anyone could get 500 sales by clicking refresh on the "thanks for ordering" page.

Every month before the end of the month, I would have to go in and tell the script the name of the next month to be able to have it show up in stats. This is stupid.

The only stats affiliates could view would be total clicks sent and total sales sent. I needed daily stats.

If this should be dealt with in court then that is fine with me:

Oxford Online Marketing Inc.
548 Hathorn Road
Oxford, MS 38655

More than one us WILL assume you didn't tell him since you didn't trot it out in your defense with your other posts. :) Other than the subject below.

Telling someone under the influence works both ways and against you in this case... you accepted that he was 'drunk' so therefore couldn't effect the repairs immediately, but then you don't want to accept the fact he was drunk and there is a 50/50 or more chance he didn't remember you telling him there was a problem.

People don't sit down and read their ICQ histories every morning to see what they did or didn't say the night before.

And we have the right to assume since you want to defend your actions yet hold back the mention of your only evidence in your behalf?! Hmmm. One comment to a person in a drunken state wouldn't qualify for a legal notice I wouldn't bet.

If you didn't want to be cross-examined then you should have stayed out of the thread and dealt with him one on one. And then posted it was all resolved to your mutual satisfaction. :Graucho

I may be pretty new but I have feelings too:1orglaugh :1orglaugh

All I am saying is even if this thread was 1000 posts, the readers would not know the full story and all the details.

Alky chose to put this on the board. If he wants to take legal action then I strongly urge him to do that. I'm not going to post in this thread again until he does.

He gave me a useless product and got $200 for it.
He is the only winner so far in this situation.

I believe the old phrase the customer is always right. If you provide a service and the customer is not satisfied then you should go out your way to satisfy him.

the fair thing to do is fix the script so it is usuable

It might be not cool but I don't think he has to pay you 5%.
with % deals you both take a risk.
He takes a risk that he might end up paying you alot of cash if the program works well.
If it doesn't turn out it's too bad for you but I don't think he has to pay you 5% when he uses another script made by someone else.

Its too late to fix the script so that it is usable. It is not needed anymore.

STFU knob-jockey.

I'm going to have to agree with multisexsite on this - he offered a good deal, didn't get a finished script and so doesn't fulfil the deal. No problem in my eyes.

What did you expect? A great affliate script for 400 dollars? whahah:1orglaugh

Dude for some good affliate software you need to spend at least 3000-5000 bucks

Andre

Ordering an affiliate program script and getting something where the admin can't even view individual affiliate sales is like ordering a custom car and not getting a steering wheel.

Would you pay for a car with no steering wheel?

I'm having a hard time figuring out why everyone seems to be jumping all over multisexsite here. As far as I can see, he is the only one posting to try and get his points across, whereas Alky hasn't posted since multisexsite's rebuttal.

You all are here talking about "the way business law REALLY works", etc. but seriously if you were in multisexsite's shoes what would YOUR response be here?

Drama's all cool and all but it appears that what Alky said may not be totally dead on. If he would post the original ICQ history where they worked out the dela maybe that would help.

Jak

Nope luclonely, im not a friend of him, I dont know him, im just reading a storie here, but yeah i dont have much posts here, next year i have time then i will bring me posts up, i just wanted to say what im thinking about this.

Jak, I checked my ICQ logs, the only payment terms talked about on ICQ were the $200 money order, and a vague 5% sometime way after the intial payment.

The exact details were discussed on the phone.



And to the genius that posted this:

What did you expect? A great affliate script for 400 dollars? whahah
Dude for some good affliate software you need to spend at least 3000-5000 bucks
Andre


Thats complete bullshit. I didnt expect a "great affiliate script" I expected a working affiliate script. I'm paying $35 a month to interneka.com and its the best affiliate program I've looked at yet. Its not available for adult though I'm pretty sure.
Thats like saying you cant get a good paysite design for less than $1500. Several people on this board provide great paysite designs for $700.





And for the person who brought up that Alky hasnt responded yet, thats understandable, its still early in the day. I'm sure he will be responding all afternoon while I'm out getting ready for the new year.

Ok i don't know the entire story here but i'm quite sure when alky wakes up he'll have a full rebuttle.

Heres what i do know

Alky made the guy a script & terms were verbally agreed upon, the guy used the script for some amount of time.....

Now if you were not happy with the script or needed changes made, that should have been from day one.....And i know several people that use his scripts and are very happy with the work.

Hey multisexsite, you better hide under a fucking rug...cuz i think i remember alky telling me about a few of the "options" you wanted :1orglaugh

----
Alky made the guy a script & terms were verbally agreed upon, the guy used the script for some amount of time.....
----


BULLSHIT. I never used the script. Not a single affiliate signed up under it NOR did I use it for my own traffic.


----
Hey multisexsite, you better hide under a fucking rug...cuz i think i remember alky telling me about a few of the "options" you wanted
----


Hide under a fucking rug? I believe the "options" you are talking about is "shaving". Yes, I wanted a "shaving" option in the program. Big deal? Didnt MPA2 or whatever have a shaving option for a while?

Does that mean I was going to use it? I wanted this script to be as feature packed as possible. The 3rd party stats program does not have a "shaving" feature.

What else do you want to know?

I am being completely honest in this thread. No BS from me.

oh ohhhhhh!

I'm going out to party for New Years. People reading this please be reasonable and dont jump to conclusions. Give Alky his chance to respond and then give me my chance tomorrow.

I could honestly care less what happens with this thread. I'm not paying Alky anything. I feel if anyone is owed money then he owes me $200.

hehe

Wow what an honest guy...pretty much telling everyone that you wanted a shaving feature.

I just fucking love honest crooks...makes me feel all warm inside.

So you admit to wanting to shave/fuck/screw your affiliates right off the bat?...Did your new programmer hook you up with a sweet ass shaver?

Originally posted by multisexsite
Hide under a fucking rug? I believe the "options" you are talking about is "shaving". Yes, I wanted a "shaving" option in the program. Big deal? Didnt MPA2 or whatever have a shaving option for a while?

Does that mean I was going to use it? I wanted this script to be as feature packed as possible. The 3rd party stats program does not have a "shaving" feature.

What else do you want to know?
-------------------------------------------

LOL

I was with ya until you openly admitted this.. bad bad bad.

haha

LOL

THIS IS IMPOSSIBLE SHAVING IS A MYTH.

I had just started to type that when I read this. There is no possible reason at all to ever have a shaving option. Why would you ever want to shave the people bringing you the sales? That was the wrong thing to say.

----
So you admit to wanting to shave/fuck/screw your affiliates right off the bat?...Did your new programmer hook you up with a sweet ass shaver?
----


Nope. I wasnt planning on shaving anyone immediately. I wanted the ability to adjust for refunds. Example:
5% of sales results in chargebacks or refunds, then 5% of sales dont count in the stats.

I didnt get a new programmer. If you've read this thread or talked to Alky you'd know I'm using interneka.com which is a 3rd party stats program and it DOES NOT HAVE a shaving feature.


Also, I dont have any affiliates at the moment. I have had about 4 affiliates send a total of 1000 clicks to my affiliate program since it opened. I have done private deals that resulted in 99% of my sales.

This thread is about Alky and the money he says I owe him. This thread has nothing to do with "shaving" that is a whole different issue.

I dont care who is behind me and who is not. Alky is not getting any more money from me because Alky didnt fulfill his part of the deal.

That's why I have all coders I work with sign an NDA. My lawyers love shit like this. :)


Jak

And you'll probably never have any affiliates now :1orglaugh


Some people aren't that bright, & not fullfilling your end of the contract debunks a NDA anyways

well, he says it was never done... to me it was done, what he was asking for was completely impossible with the payment structure he was using. and i did code it as best as was possible.

edit: something was already said.

also, if it was never done why did you continue to use my script for a month (without any complaints of it not working) and you paid me the initial 200, and you always avoided my icq's or said like "im not getting any traffic, not making any money", then all of a sudden "well im using a different script now.

that multisex guy better get himself a new GFY nick..

this is just too fucking funny :1orglaugh

Did he ask for the completely impossible stuff before you agreed on a price or after?

he told me half way though how he was going to take on receiving payments, if it didnt work, then how come the 3 or 4 times that i asked him if he was making any money, he didnt say "yo man your script sucks it still isnt working"

doesnt make sense to me.

Seems to me all he had to say was "Alky, the script doesn't work, you need to fix it or i'm going to someone else".

But he didn't, which leads me to believe....

He just didn't want to pay alky his 5% or his other $200, so he didn't say anything...and just happened to come accross another script.

But whatever the case is....

We all know the guy is a shaving thief now, & he doesn't keep his word on verbal agreements...so he's as good as done in this business.

Better go ahead & change your nick.....