Verbal contract amendments

[indul]

Hello, I need help to see if I have any chance with my case:
I'm running a website with a decent amount of traffic. I've been contacted by a Sales Rep and they offer to use them as an Ad Provider.
They sent me a contract which requires me to use them exclusively on my website for certain amount of time which would prolong automatically unless I notify them. Also we had testing period after which the contract would become effective. I'v signed it thinking that if testing wouldn't go well, I'd just drop them before the testing period ends. I was skeptical that they could bit my current Ad Provider, so I didn't want to argue about the contract before I know I really want them.
They did a lot of improvements on their side and increase my share, so at the end of the testing period it seemed reasonable to switch to them. The Sales Rep called me, and I told him, that I'm Ok to give them exclusivity but I'm not Ok with locking myself with them for any time, I wanted to be able to switch them off at any point. The guy told me that it is fine, and I shouldn't worry about it.
Well, I switched them on and ran them for about a year. At some point their performance degraded and I started testing other Ad Providers. Eventually I've found the one with better performance, so I've switched to those guys.
A few days ago I've got notification from the company that I violated the contract by switching them off, and they are not going to send me the money they owed me, which is about $15K+. So, they basically just ignored the promise they made to me. My problem is, that I didn't request the amendment in written form.
Is any chance I could get my money from them. This is a big chunk of money for me.

Thank you

 

[Zigner]

Hello, I need help to see if I have any chance with my case:
I'm running a website with a decent amount of traffic. I've been contacted by a Sales Rep and they offer to use them as an Ad Provider.
They sent me a contract which requires me to use them exclusively on my website for certain amount of time which would prolong automatically unless I notify them. Also we had testing period after which the contract would become effective. I'v signed it thinking that if testing wouldn't go well, I'd just drop them before the testing period ends. I was skeptical that they could bit my current Ad Provider, so I didn't want to argue about the contract before I know I really want them.
They did a lot of improvements on their side and increase my share, so at the end of the testing period it seemed reasonable to switch to them. The Sales Rep called me, and I told him, that I'm Ok to give them exclusivity but I'm not Ok with locking myself with them for any time, I wanted to be able to switch them off at any point. The guy told me that it is fine, and I shouldn't worry about it.
Well, I switched them on and ran them for about a year. At some point their performance degraded and I started testing other Ad Providers. Eventually I've found the one with better performance, so I've switched to those guys.
A few days ago I've got notification from the company that I violated the contract by switching them off, and they are not going to send me the money they owed me, which is about $15K+. So, they basically just ignored the promise they made to me. My problem is, that I didn't request the amendment in written form.
Is any chance I could get my money from them. This is a big chunk of money for me.
Thank you,

What is the name of your US state?

 

[indul]

What is the name of your US state?

Ad Provider's company is from NY, my company is registered in Delaware, but I live in PA.

 

[quincy]

You need to review the terms of the contract you SIGNED to see if you are owed money after a breach iin ts terms.

There should be in your contract terms for termination of the contract. I seriously doubt that the contract allows for you to terminate without notice and/or penalty.

 

[indul]

You need to review the terms of the contract you SIGNED to see if you are owed money after a breach iin ts terms.

There should be in your contract terms for termination of the contract. I seriously doubt that the contract allows for you to terminate without notice and/or penalty.

I don't see anything that states that I owe any money after the breach.

This is that I have:

5. Term/Termination:
The term of this Agreement (as defined below) will commence upon the Effective Date and will, unless terminated as set forth herein, continue for a period
of twelve (12) months from the implementation of the Widget on all of the article pages of the Websites (“Initial Term”). At the end of the Initial Term, the
term of this Agreement will automatically renew for additional, successive twelve (12) month periods (each, a “Renewal Term” and the Initial Term and all
Renewal Terms, collectively the “Term”), unless one party notifies the other in writing of its intention not to renew at least thirty (30) days prior to the end
of the then-current Term. Publisher or T-SNIP-T may terminate this Agreement (a) for convenience on three (3) days’ written notice (email shall be sufficient)
at any time during the thirty (30) day period that commences on the day that the Widget is first rendered visible to Visitors on a Website, or (b) immediately
in the event that the other party fails to cure a material breach of this Agreement that is capable of being cured within five (5) days of its receipt of written
notice thereof (email shall be sufficient). In addition, T-SNIP-T will have the option of terminating this Agreement immediately upon written notice at any
time during the Term for any reason or no reason.

As I said earlier, the sales rep just agreed to exclude this condition verbally. I guess I have no chance against them since I didn't ask to write that amendment down and sign it. I've trusted them too much. Well, I'll try to publish some reviews about them so other people would stay alerted at least. Maybe submit the claim to BBB?

 

[Zigner]

I don't see anything that states that I owe any money after the breach.

This is that I have:



As I said earlier, the sales rep just agreed to exclude this condition verbally. I guess I have no chance against them since I didn't ask to write that amendment down and sign it. I've trusted them too much. Well, I'll try to publish some reviews about them so other people would stay alerted at least. Maybe submit the claim to BBB?

Of course you owe money after the breach - you owe until the current term period is complete.

 

[quincy]

I don't see anything that states that I owe any money after the breach.

This is that I have:



As I said earlier, the sales rep just agreed to exclude this condition verbally. I guess I have no chance against them since I didn't ask to write that amendment down and sign it. I've trusted them too much. Well, I'll try to publish some reviews about them so other people would stay alerted at least. Maybe submit the claim to BBB?

Be very careful how you word any review you decide to write and publish.

You were the one who did not ensure before signing that the written contract terms reflected the oral agreement made between you and the sales representative. It was an honest mistake on your part, but a mistake nonetheless.

I personally am not fond of most negative reviews for a host of reasons, one being that a negative review makes the reviewer vulnerable to a defamation suit. Instead of concentrating on the sales rep or company, it might be a better service if you point out to readers the necessity of reading all written contracts carefully prior to signing to make sure anything agreed to is included.

Good luck.