What is the name of your state? LA
My software company landed a distribution deal with AOL for a communications application we created at our expense. The program was supposed to be distributed on some AOL CDs. AOL changed its mind and refused to distribute the program. The terms of the agreement require binding arbitration and restrict recovery of lost profits. When/if we go to arbitration, I assume I can ask that AOL be compelled to distribute the software on their CDs. This would be extremely easy and inexpensive for AOL since there are other applications that are encoded on the CDs that are regularly mailed to AOL subscribers. If the deal is found to be valid and AOL breached, is this the appropriate legal remedy that is likely to be awarded?
Qwheel
My software company landed a distribution deal with AOL for a communications application we created at our expense. The program was supposed to be distributed on some AOL CDs. AOL changed its mind and refused to distribute the program. The terms of the agreement require binding arbitration and restrict recovery of lost profits. When/if we go to arbitration, I assume I can ask that AOL be compelled to distribute the software on their CDs. This would be extremely easy and inexpensive for AOL since there are other applications that are encoded on the CDs that are regularly mailed to AOL subscribers. If the deal is found to be valid and AOL breached, is this the appropriate legal remedy that is likely to be awarded?
Qwheel