Donovan Phillips Ripping Me Off again
 

As some know, I have a tour with DOnny as a partner deal.

He paid me $500 for the tour and I get a percentage.

He has begun using all my promo material that I made for my tour, to now make free sites and link his new blog. Inclusing mailing this out to affiliates and making money off of my graphics.

In his original email, he admitted this was wrong and that he did not like using "things he did not own." And offered to pay me. He explained it as miscommunication between the guy he hired to build said materials.

Well, the problem is My material is only to be used to push my tour which Donny is not linking.

I got his affiliate email announcing these and opened a link and saw my banner, I thought "great donny sending some traffic to my tour" - well, not the case.

I approached him professionally and off board. He replied said he would pay me, and now today its basically a "fuck you."

I did not hear from him for days, so i emailed him again - and he has now low and behold he replies saying he feels he owns it all and he CHANGED HIS MIND!

well, all i am asking that if he is using the banner he should link my tour or pay me.

I even cut him discount rate instead of $20 per banner, down to $15 and he can use them for whatever he wants!

None of this is part of the original deal and since he is not going to rectify this situation i felt I should at least inform those here of what a hot cold business person he really is.

He thinks that doing a BYOT deal with him entitles him to use whatever promo I make for his OTHER sites, and that is just not the case nor is it cool.

I do not see the logic behind this at all. Just because we have a percentage deal going he can use all my promo for his fucking blog?????

fuck him and his blog.

I dont expect to get paid and im not going to nurse this but i couldnt hold my fucking tongue, considering this is the guy running around giving Steve Lightspeed shit over ethics. Here comes this guy, ripping me off and im a fucking partner here on my tour.

/rant

Sounds almost identical to the last time.
Fuck you once shame on him, Fuck you twice take it like a little church boy.

Well if you did not sign over full rights to him in writting, then well all the creatives you made belong to you. Simple as that.

exactly. I have asked him to pull the tour and he wont. He just keeps saying i was paid $500 and that is that.

I do not see how this guy think he can pay me 500 bucks for a tour, and then just add on 35+ banners, multiple galleries, and graphics. I mean im not talking 1 banner. I am talking the whole fleet of promo. All banners etc.

C&D and DMCA, if you don't expect to get paid, at least get it removed. :2 cents:

evening drama? oh the humanity!!

and he is now telling me i should have been providing him with MORE PROMO for his affiliates. yet he is using graphics from my stuff.

ICQ contracts... LOL

Damn that sucks Fletch.. Hope you get the money your owed.

well how can you believe a liar?

he TOLD me he would pay me, then days go by and then he says he doesnt feel he should.

People should avoid people like this at all costs.

If he was a man of his word he would have handled this days ago, and there would be NO DRAMA!

in my emails I even told him I was tired of board drama.

well, i guess he thinks i wont make a thread after he tries to crawfish me.

our deal was done over the phone and through ccbill partner forms.

First of all this is complete bullshit. I'm making screencaps right now. Fletch is being a little drama bitch again. More shortly.

and actually, our partnership deal on the site should have ZERO to do with this.

what does tour stats and traffic have to do with using my banners, that are for my tour, to push your blog?

Crawfish? Explain this one to me. I do not think I have heard it used this way before.

You are using 35+ banners, galleries, and no telling what else that are supposed to be used to push my tour.

You can post anything you like, but you cant sidestep the simple fact that you are using promo materials for my tour to send traffic to your blog.

through hosted materials you provide your affiliates. you are making money right now off of them, why not just pay me?

or link my tour?

its as simple as that.

in think you have other interests.

I liked your blog entry from today :thumbsup

If it's bullshit, you and Fletch should make things right.

If it isn't bullshit, you and Fletch should make things right.

See a trend? Just my opinion however.

:uhoh :uhoh :uhoh

I tried to handle this in emails.

Its been days he has been ignoring me.

Then you know what he emails me? That he and his ex-wife are fighting over kindergarten.

like i give a fuck.

Im trying to handle stolen banners and he is telling me about his ex-wife.

you know the line: fuck you pay me.

Bottom line DOnny either pay me or stop using the banners.

How simple is that?

I mean, you dont have $500?

Bottom line DOnny either pay me or stop using the banners.

How simple is that?

I tried. Fletch blows up unless you see things entirely his way. Then he goes to the boards. Same as last time. This time I'm not going to be nice and hold my tongue. Everyone will soon see exactly how shitty his designs convert.

Again, I tried to talk to him. At first I told him his first offer was acceptable, then I looked up all the details of our arrangement and decided I wasn't going to let him fuck me over just because he's a hothead. So I emailed him to begin discussing a more fair solution and he brings it to the boards.

Screen shots and proof shortly. I am entirely in the right here, as you'll all soon see.

Ugh, what a mess. This is why it's best to pay a flat rate for design work. Also, why it's best to get a contract stating the buyer owns all rights to the material for whatever use they desire.

35 banners at DISCOUNTED price instead of 20 a piece.

15$ x 35 = 525.

this could have been settled days ago.

someone else ask, what does my tour have to do with using promo?

WHAT DOES A TOUR AND ITS CONVERSIONS HAVE TO DO WITH you using my promo materials for your blog?

Show me part of our original deal that said you can use my graphics for your *other sites*

Sig Placement

In the right or not, sometimes a bit of compromise goes a long way. I'm not taking sides, I think you and Fletch are good guys. I just think a bucket of salt goes a long way sometimes.

You have ignored me for days.

I emailed you, you said you would pay me.

I stopped pushing there.

Days later you tell me you will not pay me.

I did not blow up.

I am simply sticking up for myself the way I have to when people like you come around.

i am compromising.

i am knocking off money so this guy can pay me and be done then he gives me runaround.

i am bending as far as i can here.

he could pay me and this could be done 2 minutes ago.

or he could have paid me days ago when he said he would.

Fletch - nothing against Donny...but you should have learned the first time you
did business with him. Apparently, you two guys have a hard time seeing eye
to eye on things. That should have been a clear indication of troubles in the
future if you continue to do business with him (or anyone else that you have
a problem seeing eye to eye with).

Some relationships just are not gonna work out :(

Alert: Major drama detected. Mandatory sig placement posts may now proceed :warning:warning:warning

i was even willing to look the other way for the gallery template graphics.

I told him this!

I cut him deal on the banners and even wasnt going to pess to be paid for the templates.

well, why not take me up on this?

INstead he ignore me and then email he will not pay.

screen caps 123 screen caps 123

Of course Fletch's tour converts poorly, its not updated regularly because Fletch has not wanted to pursue more business with Donny because things just always get screwed up, this thread case in point.

Now Donny thinks he's going to piss on Fletch's design skills by showing poor conversions on that tour? Fun stuff.

I have to agree with this post, sometimes no matter what, you just have to agree to disagree and move on.

this deal was done beforr that.

this is a tour that I did a long time ago.

We have a partnership. There was no problem with this until I started geting affiliate emails from Donnys site about new promo when I looked and saw it was all my work.

I learned my lesson which is why I didnt do anymore work for him. Now he us using these facts against me, saying I should have made more promo for him.

Donny won't take the tour down. Fletch tried to resolve this long ago and again didn't see this one coming.

Its like plucking eyelashes.

It's called "usage rights" and it should be included in EVERY design contract you write. I used to do a lot of graphic design, and if you don't put that shit in there, people will just think they can do whatever they want with your work.

Example, I design a logo, the price is $2,500 for that logo with usage rights that only include Stationary and Store Signage. The guy wants to put my logo on hats and t-shirts, he then owes me more money. Wants to put it on his website, more money. Simple as that.

Contracts people, they were made for a reason...

whether my tour converts or not has nothing to do with the situation at hand.

I was paid for the tour.

The promo matrerial however was done on my own and we had no deal regarding promo.

He simply started to give it to his affiliates and now thinks its his.

I just want to be paid, he can use it for whatever he wants after that.

either pay me or take it all down, how simple is that?

easy fix.

I suggest a webmaster knife fight!

just curious as to how his design conversions have anything to do with your arrangement?

i second this!

Late page 1 sig placement....

hope the 2 of you get this worked out

Funny thing is I had the same thing once, made a tour wich me and my brother would promote exclusively for a program. After a while we found out the company put up the tour for other webmasters to promote and we had a hard time getting them to delete the tour. When I asked them if they were interested in buying the tour they were like nah the tour isn't converting at all. lol funny

Okay, let's get some facts into this:

1. Fletch Designed http://tour1.nakedcollegegirls.tv/ in January of 2004. We'll get into the payment on this in a moment. First let's see what caused this current flare up. On to #2.

2. This started over some promotional materials for my new tour:

http://tour1.donnysgirls.com/

^^^ This tour was designed by BoogieCFZ here on GFY. I told him that I'd like to get an alternate tour made for Donny's Girls and made an arrangement with him on it. Boogie asked if he could use all of my existing promotional materials for making new promo materials for this new blog tour. I told him, "of course!". He then used some of the promo materials that he found for http://tour1.nakedcollegegirls.tv/ DISCLAIMER: Boogie had no clue that these promo materials were made by Fletch for the ncg tour1. I honestly thought nothing of it until Fletch emailed me on August 4th (last Thursday). Fletch wrote:

(continued next post)

Absolutely nothing. You can't just take someones design's and do what you want with them, unless you have a contract saying you have full rights to them, you will lose everytime in court, and you can make a pretty penny from someone for copyright infringement...

Donny is only trying to make me look bad.

He has made threads on this board about how good that tour was doing.

He also made threads on Drink More Post More as well about how good it converted.

Again, NONE of this has anything to do with the use of stolen promo though. But I think the facts speak for themself in this case. He has threads saying it converts good, now he is going to prove otherwise.

just to try and make me look bad.

yep, then he said he would pay me.

then he put me on ignore.

:1orglaugh