D
dryrock
Guest
What is the name of your state? Nebraska
In 1997 I signed up to be a consultant for a large, direct sales scrapbook company. I quit being a consultant in 2001 and terminated my relationship with them, but still continue to be a customer and purchase their product. They now say I am bound by consultant contract terms for life in regard to displaying my personal photo albums. They don't want ex-consultants to share their photo album pages online is the crux of the matter. They maintain they can sue me if I share an album page made from their product online with friends & family. When asked if they could sue a customer who had never been a consultant, they had no answer.
This seems very silly and vindictive, but I don't want to get sued, though at the same time, as a customer of this company I feel like I have a 1st amendment right to display and show my albums anywhere I please.
Here is what the contract says that they claim I am still bound to:
"I will cease all use of 'said company's' Intellectual Property and Confidential
Information and will cease holding Classes, Workshops and presentations or otherwise displaying, offering for sale or selling 'said company's' Products. If I offer for
sale or sell "said company's" Products in violation of the foregoing sentence,
'said company' will be entitled to recover from me $5,000 as liquidated damages
without having to prove actual harm. "
I do not sell the products and I do not hold classes, workshops or give presentations. I simply share scanned images of my personal pages online with family, friends and fellow scrapbookers and have since before I quit being a consultant. However, in the past two months, they are cracking down and I'm wondering if I should be afraid.
Thanks!
In 1997 I signed up to be a consultant for a large, direct sales scrapbook company. I quit being a consultant in 2001 and terminated my relationship with them, but still continue to be a customer and purchase their product. They now say I am bound by consultant contract terms for life in regard to displaying my personal photo albums. They don't want ex-consultants to share their photo album pages online is the crux of the matter. They maintain they can sue me if I share an album page made from their product online with friends & family. When asked if they could sue a customer who had never been a consultant, they had no answer.
This seems very silly and vindictive, but I don't want to get sued, though at the same time, as a customer of this company I feel like I have a 1st amendment right to display and show my albums anywhere I please.
Here is what the contract says that they claim I am still bound to:
"I will cease all use of 'said company's' Intellectual Property and Confidential
Information and will cease holding Classes, Workshops and presentations or otherwise displaying, offering for sale or selling 'said company's' Products. If I offer for
sale or sell "said company's" Products in violation of the foregoing sentence,
'said company' will be entitled to recover from me $5,000 as liquidated damages
without having to prove actual harm. "
I do not sell the products and I do not hold classes, workshops or give presentations. I simply share scanned images of my personal pages online with family, friends and fellow scrapbookers and have since before I quit being a consultant. However, in the past two months, they are cracking down and I'm wondering if I should be afraid.
Thanks!