Marketing Agreement with Debit Card Company

[Kevin D]

What is the name of your state (only U.S. law)? Louisiana

After over 2.5 years of working on a project to bring a competent Debit Card provider to a cell phone company with over 2.5 million subscribers and having two upstart companies that could not deliver on their promises, I went to a Consulting Company where I found a man who recommended a couple of companies to me. I presented them to the CEO of the cell phone company and after many conference calls, negotiations and DD by his BOD, he selected one of them. The agreement was signed and funded on 6/25. My Marketing Agreement with the debit card company is to pay me $.25 per month for each active card. The cell phone company CEO projects 300,000 active cards within a year or so, which is obviously a large sum for me. The last email from me that the debit card owner replied to was on 6/25 and we have had one phone call on 7/2. Since then, he will not respond to my emails or take my calls. It seems like he is trying to freeze me out of the deal by simply ignoring me. I am considering sending him a Certified Letter, but I don't know what to do at this point to protect myself. I know the CEO of the cell phone company, but, as I told the debit card owner, in this transaction, I am actually working as his agent, not for the cell phone company, so I expect to be kept informed by him, not the cell phone company CEO. Any advice will be appreciated. Thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? Louisiana

After over 2.5 years of working on a project to bring a competent Debit Card provider to a cell phone company with over 2.5 million subscribers and having two upstart companies that could not deliver on their promises, I went to a Consulting Company where I found a man who recommended a couple of companies to me. I presented them to the CEO of the cell phone company and after many conference calls, negotiations and DD by his BOD, he selected one of them. The agreement was signed and funded on 6/25. My Marketing Agreement with the debit card company is to pay me $.25 per month for each active card. The cell phone company CEO projects 300,000 active cards within a year or so, which is obviously a large sum for me. The last email from me that the debit card owner replied to was on 6/25 and we have had one phone call on 7/2. Since then, he will not respond to my emails or take my calls. It seems like he is trying to freeze me out of the deal by simply ignoring me. I am considering sending him a Certified Letter, but I don't know what to do at this point to protect myself. I know the CEO of the cell phone company, but, as I told the debit card owner, in this transaction, I am actually working as his agent, not for the cell phone company, so I expect to be kept informed by him, not the cell phone company CEO. Any advice will be appreciated. Thanks.

You should retain an attorney to review your written contract.

 

[Kevin D]

You should retain an attorney to review your written contract.

I appreciate your response, and that is certainly the obvious answer, but I was looking for something short of that if possible. For instance, I am considering sending him a Certified Letter which he will either accept or refuse and that will give me a clue as to what his intent is. Yes, I understand that ultimately it would mean contacting a law firm in the state where any dispute is to be contested, and that is not the state in which I reside. Thanks.

 

[Zigner]

I appreciate your response, and that is certainly the obvious answer, but I was looking for something short of that if possible. For instance, I am considering sending him a Certified Letter which he will either accept or refuse and that will give me a clue as to what his intent is. Yes, I understand that ultimately it would mean contacting a law firm in the state where any dispute is to be contested, and that is not the state in which I reside. Thanks.

Sure, send a certified letter. Why not?

Did you have a legal question?