J
jscallstar
Guest
What is the name of your state? Georgia but contract is valid in CO.
Without getting too deep in to my situation(due to the restraints of my contract), I'd like to ask for some assistance from all of you.
Within my contract it states "Residuals on an account will discontinue if the account has been disconnected for any reason." This was dated around the last week of 02.
Then on 12.18.03, I received an email "memo"(this is something that we receive at least once, if not more, per month and it informs us of upcoming changes, promotions and economics) that, in part, stated this:
"60 Month Maximum Payment Period for Monthly Incentives:
Subject to and in accordance with the terms and conditions otherwise applicable to the payment of Monthly Incentives:
o For new Subscriber Accounts activated on and after January 1, 2004, Monthly Incentives will be paid for a maximum period of sixty (60) months from initial activation of the new Subscriber Account, after which the new Subscriber Account shall no longer qualify for the payment of Monthly Incentives but will continue to count towards the original activating retailer’s active customer base.
o For Subscriber Accounts activated prior to January 1, 2004, Monthly Incentives will be paid for a maximum period of sixty (60) months from January 1, 2004, after which the Subscriber Account shall no longer qualify for the payment of Monthly Incentives but will continue to count towards the original activating retailer’s active customer base. "
The contract that I originally signed also states this:
"Modifications; Retailer acknowledges that XXX competes in the multi-channel video distribution market, which is highly competitive, fluid and volatile and that XXX must make changes to its marketing, promotion and sales of products from time to time to stay competitive. Therefore, Retailer agrees that XXX may, at any time and for any reason in its sole discretion, change or modify Incentives, Incentive schedules, Incentive structures, Promotional Programs, Business Rules, payment terms, or the chargeback rules associated therewith, upon notice to Retailer, without the need for any further consent, written or otherwise, from Retailer. IF ANY SUCH MODIFICATION OR CHANGE IS UNACCEPTABLE TO RETAILER, RETAILER’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. RETAILER’S CONTINUED PERFORMANCE UNDER THIS AGREEMENT FOLLOWING RECEIPT OF NOTICE OF A CHANGE OR MODIFICATION WILL CONSTITUTE RETAILER’S BINDING ACCEPTANCE OF THE CHANGE OR MODIFICATION. Except for such changes, and any other changes identified in this Agreement, any Promotional Program, Business Rules, or Other Agreement (as defined in Section 6.8) which may be made by either party in its sole discretion, any modification to this Agreement must be in writing and signed by both parties."
Ok, here's my stance on this. As of 01.01.04, any and all subscribers that were signed up under the original contract and residual(monthly incentive) rule would make each of the subscribers a contract in and of itself, correct? If I am correct in this assumption and from the research that I've done, then this is a direct violation of contract law.
By them changing the rule, it seems ok, by the contract that I signed, for them to do so moving foward, but not backwards.
If I am wrong, then so be it but that's what I'm after. Am I wrong or right?
Thanks in advance, [email protected]
Without getting too deep in to my situation(due to the restraints of my contract), I'd like to ask for some assistance from all of you.
Within my contract it states "Residuals on an account will discontinue if the account has been disconnected for any reason." This was dated around the last week of 02.
Then on 12.18.03, I received an email "memo"(this is something that we receive at least once, if not more, per month and it informs us of upcoming changes, promotions and economics) that, in part, stated this:
"60 Month Maximum Payment Period for Monthly Incentives:
Subject to and in accordance with the terms and conditions otherwise applicable to the payment of Monthly Incentives:
o For new Subscriber Accounts activated on and after January 1, 2004, Monthly Incentives will be paid for a maximum period of sixty (60) months from initial activation of the new Subscriber Account, after which the new Subscriber Account shall no longer qualify for the payment of Monthly Incentives but will continue to count towards the original activating retailer’s active customer base.
o For Subscriber Accounts activated prior to January 1, 2004, Monthly Incentives will be paid for a maximum period of sixty (60) months from January 1, 2004, after which the Subscriber Account shall no longer qualify for the payment of Monthly Incentives but will continue to count towards the original activating retailer’s active customer base. "
The contract that I originally signed also states this:
"Modifications; Retailer acknowledges that XXX competes in the multi-channel video distribution market, which is highly competitive, fluid and volatile and that XXX must make changes to its marketing, promotion and sales of products from time to time to stay competitive. Therefore, Retailer agrees that XXX may, at any time and for any reason in its sole discretion, change or modify Incentives, Incentive schedules, Incentive structures, Promotional Programs, Business Rules, payment terms, or the chargeback rules associated therewith, upon notice to Retailer, without the need for any further consent, written or otherwise, from Retailer. IF ANY SUCH MODIFICATION OR CHANGE IS UNACCEPTABLE TO RETAILER, RETAILER’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. RETAILER’S CONTINUED PERFORMANCE UNDER THIS AGREEMENT FOLLOWING RECEIPT OF NOTICE OF A CHANGE OR MODIFICATION WILL CONSTITUTE RETAILER’S BINDING ACCEPTANCE OF THE CHANGE OR MODIFICATION. Except for such changes, and any other changes identified in this Agreement, any Promotional Program, Business Rules, or Other Agreement (as defined in Section 6.8) which may be made by either party in its sole discretion, any modification to this Agreement must be in writing and signed by both parties."
Ok, here's my stance on this. As of 01.01.04, any and all subscribers that were signed up under the original contract and residual(monthly incentive) rule would make each of the subscribers a contract in and of itself, correct? If I am correct in this assumption and from the research that I've done, then this is a direct violation of contract law.
By them changing the rule, it seems ok, by the contract that I signed, for them to do so moving foward, but not backwards.
If I am wrong, then so be it but that's what I'm after. Am I wrong or right?
Thanks in advance, [email protected]