30 {{ upvoteCount | shortNum }}
30 {{ upvoteCount | shortNum }}

My Former Business Partner Wont' Give Me My 50% Share From Adsense. What Should I Do?

by HyperVyper
22 replies
  • OFF TOPIC
    • |
A few months ago, I teamed up with a programmer to build a site, and we agreed that we would both get 50% each monthly from adsense revenues, and he's been giving me my share every month but just last month, he shut down the site because we had a conflict, but he still owes me 50% from last month's earnings. When I asked him if he's going to give me my share, he just ignores me and does not respond. We've never done a contract or anything but we made an agreement via Email and it's clear in our Facebook messages that we had the deal. What should I do?
  • Profile picture of the author Dan Riffle
    If we're talking about a significant amount of money, talk to an attorney. If we're talking an insignificant amount of money, write it off as a learning experience and move on.
    Signature

    Raising a child is akin to knowing you're getting fired in 18 years and having to train your replacement without actively sabotaging them.

    {{ DiscussionBoard.errors[9810705].message }}
  • Profile picture of the author David Beroff
    Originally Posted by HyperVyper View Post

    We've never done a contract or anything....
    Perhaps that's your problem, right there.

    Next time, make sure that the ads are tied to your account, so you get the checks.
    Signature
    Put MY voice on YOUR video: AwesomeAmericanAudio.com
    {{ DiscussionBoard.errors[9810791].message }}
    • Profile picture of the author Kay King
      he shut down the site because we had a conflict
      If you allowed a disagreement to escalate to the point where the site that EARNED money was shut down....just move on.

      You have nothing to use as leverage so let it go.
      Signature
      Saving one dog will not change the world - but the world changes forever for that one dog
      ***
      Your comfort zone is where your dreams go to die.
      {{ DiscussionBoard.errors[9810859].message }}
  • Profile picture of the author bizgrower
    Everybody's right on. Even small claims court can become a night mare experience.
    Especially if he has the money to hire an attorney and you don't. The saying is that
    if it goes to court, everybody loses anyway.

    The second part is that even if you win in Court or arbitration, you still have to collect
    from him and he either does not have the money anymore, or he won't cooperate and
    won't pay.

    So, probably learn and move on with your life.

    Since there's probably nothing in writing about any of it, maybe recreate the website and do it on your own.
    Signature

    "If you think you're the smartest person in the room, then you're probably in the wrong room."

    {{ DiscussionBoard.errors[9811132].message }}
    • Profile picture of the author BigFrank
      Banned
      Partner, you say? Oh. There's your problem.

      Move on.

      Cheers. - Frank
      {{ DiscussionBoard.errors[9811151].message }}
  • Profile picture of the author Frank Donovan
    Originally Posted by HyperVyper View Post

    A few months ago, I teamed up with a programmer to build a site, and we agreed that we would both get 50% each monthly from adsense revenues, and he's been giving me my share every month but just last month, he shut down the site because we had a conflict, but he still owes me 50% from last month's earnings. When I asked him if he's going to give me my share, he just ignores me and does not respond. We've never done a contract or anything but we made an agreement via Email and it's clear in our Facebook messages that we had the deal. What should I do?
    If your partner shut down the site, it sounds like he had control of the domain name and/or the hosting. Is that so? What was your part of the deal - The marketing? The original idea?

    It seems to me that you could get this project up and running again either on your own or with a new partner (and a legal contract) before your old partner has the chance to do the same.

    .
    Signature


    {{ DiscussionBoard.errors[9811172].message }}
    • Profile picture of the author HyperVyper
      Originally Posted by Frank Donovan View Post

      If your partner shut down the site, it sounds like he had control of the domain name and/or the hosting. Is that so? What was your part of the deal - The marketing? The original idea?

      It seems to me that you could get this project up and running again either on your own or with a new partner (and a legal contract) before your old partner has the chance to do the same.

      .
      I own the domain but he controlled the hosting. He was the programmer and I was the social media manager/writer/marketer but he was using his Adsense account. I still want to revive the website with the same domain but I really need the money that he owes me. I worked so hard for that. Now he's threatening to sue me for making the deal via Email. He said "go ahead" when I told him the possibility of us going to court. What should I do?
      {{ DiscussionBoard.errors[9811497].message }}
      • Profile picture of the author Dan Riffle
        Originally Posted by HyperVyper View Post

        I own the domain but he controlled the hosting. He was the programmer and I was the social media manager/writer/marketer but he was using his Adsense account. I still want to revive the website with the same domain but I really need the money that he owes me. I worked so hard for that. Now he's threatening to sue me for making the deal via Email. He said "go ahead" when I told him the possibility of us going to court. What should I do?

        Once you invoke "let's go to court," you either need to crap or get off the pot. You either walk away or get/talk to an attorney. And that determination goes back to my first post.
        Signature

        Raising a child is akin to knowing you're getting fired in 18 years and having to train your replacement without actively sabotaging them.

        {{ DiscussionBoard.errors[9811512].message }}
      • Profile picture of the author Tom B
        Banned
        Originally Posted by HyperVyper View Post

        I own the domain but he controlled the hosting. He was the programmer and I was the social media manager/writer/marketer but he was using his Adsense account. I still want to revive the website with the same domain but I really need the money that he owes me. I worked so hard for that. Now he's threatening to sue me for making the deal via Email. He said "go ahead" when I told him the possibility of us going to court. What should I do?
        Hosting is pretty cheap these days. Just repoint the domain to your hosting account using your adsense account. That shouldn't require much money at all.
        {{ DiscussionBoard.errors[9811518].message }}
      • Profile picture of the author Claude Whitacre
        Originally Posted by HyperVyper View Post

        I own the domain but he controlled the hosting. He was the programmer and I was the social media manager/writer/marketer but he was using his Adsense account. I still want to revive the website with the same domain but I really need the money that he owes me. I worked so hard for that. Now he's threatening to sue me for making the deal via Email. He said "go ahead" when I told him the possibility of us going to court. What should I do?

        Are you talking hundreds of thousands of dollars? Hundreds of dollars? Seven dollars?

        It matters, when we are offering advice.

        And when Riffle says "you either need to crap or get off the pot." he isn't talking figuratively. It's how he settles all his disputes. Don't ask.
        Signature
        One Call Closing book https://www.amazon.com/One-Call-Clos...=1527788418&sr

        What if they're not stars? What if they are holes poked in the top of a container so we can breath?
        {{ DiscussionBoard.errors[9811546].message }}
      • Profile picture of the author Frank Donovan
        Originally Posted by HyperVyper View Post

        I own the domain but he controlled the hosting. He was the programmer and I was the social media manager/writer/marketer but he was using his Adsense account. I still want to revive the website with the same domain but I really need the money that he owes me. I worked so hard for that. Now he's threatening to sue me for making the deal via Email. He said "go ahead" when I told him the possibility of us going to court. What should I do?
        Okay, so you have the domain and you've been doing most if not all of the content and marketing work. In theory, all you need is to recreate the site (or hire another programmer), point the domain to another host and be back in business. If you don't already have your own AdSense account, you should apply for one.

        Regarding the outstanding money, it's impossible for anyone to give you definitive advice other than to talk to an attorney. With all respect to you, we're only getting one side of the conflict here. It may be that you have a good case, or alternatively, you might have to put this down to experience.

        But at least you have a chance, it would seem, to get your business up and running again.


        Frank
        Signature


        {{ DiscussionBoard.errors[9811561].message }}
        • Profile picture of the author HyperVyper
          Originally Posted by Frank Donovan View Post

          Okay, so you have the domain and you've been doing most if not all of the content and marketing work. In theory, all you need is to recreate the site (or hire another programmer), point the domain to another host and be back in business. If you don't already have your own AdSense account, you should apply for one.

          Regarding the outstanding money, it's impossible for anyone to give you definitive advice other than to talk to an attorney. With all respect to you, we're only getting one side of the conflict here. It may be that you have a good case, or alternatively, you might have to put this down to experience.

          But at least you have a chance, it would seem, to get your business up and running again.


          Frank
          That's what I'm trying to do. I believe I have a good case. Our messages prove via Emails and Facebook messages that we would have the split monthly. He even mentioned that he would give me my share from last month this month but now he's not being so responsive about that. I just talked to an attorney. I'm waiting for his response.
          {{ DiscussionBoard.errors[9811740].message }}
      • Profile picture of the author seasoned
        Originally Posted by HyperVyper View Post

        I own the domain but he controlled the hosting. He was the programmer and I was the social media manager/writer/marketer but he was using his Adsense account. I still want to revive the website with the same domain but I really need the money that he owes me. I worked so hard for that. Now he's threatening to sue me for making the deal via Email. He said "go ahead" when I told him the possibility of us going to court. What should I do?
        You *******DON'T******* own the domain! You own the domain NAME!(Assuming that is what you meant) That distinction is CRUCIAL here! OK, it is HIS adsense account. It is possible that it may no longer be possible to determine what he owes you, and you would have to subpoena records for that.

        Well, small claims court is probably OUT of the question(You don't have enough info, and probably want more than the maximum.), and you would have to subpoena the server logs, which may not exist, and adsense reports, that may not be proper for this, and match them. Since you likely didn't pay for his adsense, you should get a list of the bids also!

        Expect to pay a few thousand before having all the materials to determine what you are owed.

        FURTHER, since you do NOT own the domain, you would have to fight to get the info you published, assuming it is still available, and to get him to stop using it. Whatever he did for you as a programmer is probably LOST! Remember, you had NO agreement, and any emails of revenue sharing would NOT constitute such an agreement. In fact, the sharing of resources like this COUNTER that agreement. SEE, I TOLD YOU! If you DID own the domain, you would HAVE the code and your data and the logs. But you DON'T, so you DON'T.

        ANOTHER thing, HOW do you determine what he was paid, and when? And don't forget what was paid in taxes and fees!

        BTW IANAL

        Steve
        {{ DiscussionBoard.errors[9811820].message }}
        • Profile picture of the author tagiscom
          True, there are plenty of lowlifes out there that will ask for a small amount then never refund it later if the deals goes sour!

          A con-artist might know all the rules so he or she can break them, but their name will be mud long term!

          Signature
          Archimedes-The Truth Seekers Forum..
          {{ DiscussionBoard.errors[9811996].message }}
  • Profile picture of the author yukon
    Banned
    I'm guessing you've been banned from Adsense considering you didn't use php code to automatically do a 50/50 split between two separate Adsense pub-IDs when showing the Adsense ads.

    Live & learn...
    {{ DiscussionBoard.errors[9811562].message }}
  • Profile picture of the author HyperVyper
    I just got a response from the lawyer and he said that I have claims since a deal was clear via messages and past payment records even when there's no signed contract. I will probably give the attorney a call tomorrow.
    {{ DiscussionBoard.errors[9812126].message }}
    • Profile picture of the author Kay King
      So the question will be whether the fees charged by the attorney will be more than the money you are trying to collect.
      Signature
      Saving one dog will not change the world - but the world changes forever for that one dog
      ***
      Your comfort zone is where your dreams go to die.
      {{ DiscussionBoard.errors[9813020].message }}
  • Profile picture of the author bizgrower
    Is there a lot more than $7500 involved? ($7500 is - I think - the cut off for small claims court
    in Colorado and many other States.)

    A good attorney will advise whether it's worth pursuing, even if you have a claim.
    They'll take into consideration all their fees, expenses and court costs... and the likelihood
    of collecting any judgment. If you can't find an attorney to take the case, it means there
    is not enough in it to be worth pursuing. Or, you'll find some attorneys who are willing to
    take your $200 per hour - plus costs.

    A possibility is paying an attorney for advice as you go through litigation, but mostly
    do it yourself.

    Even if you had a contract that stated the loser pays court costs and attorney's fees, they are not
    usually awarded in US courts for civil litigation or arbitration.

    If you take it to court at all, be prepared to get personally attacked and discredited as much as possible.
    If he or his attorney who does attack you, tell him to knock off the 'assaultive language'. Or ask the
    judge or mediator for it to stop. (Most jurisdictions require a mediation attempt before court for small
    claims.)

    Also, even if you file it yourself in small claims court, the other side can hire an attorney and possibly move it up to district court. And, they can raise venue issues if you guys are in different states, or even different counties in the same state.

    >>>>>>>>>>>>>>>>>>>>>

    An option to consider is to get a pre-paid legal plan. Then, for relatively little expense you can hire an attorney
    to write a 'lawyer letter' to the ex-partner. Pre-paid legal or not, this might be a good option. Sometimes, once they see you are serious and get a letter on law firm letterhead they settle quickly. Or, filing in court can have a chilling effect as well and they may try to settle when the court or mediation date draws near.
    Signature

    "If you think you're the smartest person in the room, then you're probably in the wrong room."

    {{ DiscussionBoard.errors[9813049].message }}
    • Profile picture of the author seasoned
      Originally Posted by bizgrower View Post

      Is there a lot more than $7500 involved? ($7500 is - I think - the cut off for small claims court
      in Colorado and many other States.)

      A good attorney will advise whether it's worth pursuing, even if you have a claim.
      They'll take into consideration all their fees, expenses and court costs... and the likelihood
      of collecting any judgment. If you can't find an attorney to take the case, it means there
      is not enough in it to be worth pursuing. Or, you'll find some attorneys who are willing to
      take your $200 per hour - plus costs.

      A possibility is paying an attorney for advice as you go through litigation, but mostly
      do it yourself.

      Even if you had a contract that stated the loser pays court costs and attorney's fees, they are not
      usually awarded in US courts for civil litigation or arbitration.

      If you take it to court at all, be prepared to get personally attacked and discredited as much as possible.
      If he or his attorney who does attack you, tell him to knock off the 'assaultive language'. Or ask the
      judge or mediator for it to stop. (Most jurisdictions require a mediation attempt before court for small
      claims.)

      Also, even if you file it yourself in small claims court, the other side can hire an attorney and possibly move it up to district court. And, they can raise venue issues if you guys are in different states, or even different counties in the same state.

      >>>>>>>>>>>>>>>>>>>>>

      An option to consider is to get a pre-paid legal plan. Then, for relatively little expense you can hire an attorney
      to write a 'lawyer letter' to the ex-partner. Pre-paid legal or not, this might be a good option. Sometimes, once they see you are serious and get a letter on law firm letterhead they settle quickly. Or, filing in court can have a chilling effect as well and they may try to settle when the court or mediation date draws near.
      AGAIN, IANAL

      I doubt *****VERY***** much it could EVER be handled in small claims, because HOW could you get evidence of what you are owed? When I checked, it seemed $250/hour was the cutoff for attorneys!
      And you WILL have to subpoena things. It might be best to have a trusted party, like an attorney, receive them ALSO, because if there is a question of the chain of custody and what he presents is different from what YOU present, there could be a problem.

      This really IS tricky. I may not be a lawyer, but I ******DO****** know how adsense and logs work. You will have to prove:

      1. What ****HE**** paid for adsense, hosting, etc....using ****HIS**** info!
      2. What traffic YOU sent using ****HIS**** logs!
      3. What sales were made, obviously, this is using ****HIS**** info since, if it were YOURS, HE would be asking YOU for money!
      4. What REFUNDS were made, using ****HIS**** info.

      All of this is needed to determine what he owes you. If google sent a trillion hits, and something broke between google, and his bank account, he doesn't owe you a PENNY! The break could be as simple as nobody completing a sale. If the refunds, or adsense, ate up all the money, YOU may end up owing HIM!

      Do you see the ONE thing they ALL have in common? Have you asked him WHY he didn't pay you?

      Steve
      {{ DiscussionBoard.errors[9813829].message }}
      • Profile picture of the author bizgrower
        Originally Posted by seasoned View Post

        AGAIN, IANAL

        I doubt *****VERY***** much it could EVER be handled in small claims, because HOW could you get evidence of what you are owed?         When I checked, it seemed $250/hour was the cutoff for attorneys!
        And you WILL have to subpoena things. It might be best to have a trusted party, like an attorney, receive them ALSO, because if there is a question of the chain of custody and what he presents is different from what YOU present, there could be a problem.

        This really IS tricky. I may not be a lawyer, but I ******DO****** know how adsense and logs work. You will have to prove:

        1. What ****HE**** paid for adsense, hosting, etc....using ****HIS**** info!
        2. What traffic YOU sent using ****HIS**** logs!
        3. What sales were made, obviously, this is using ****HIS**** info since, if it were YOURS, HE would be asking YOU for money!
        4. What REFUNDS were made, using ****HIS**** info.

        All of this is needed to determine what he owes you. If google sent a trillion hits, and something broke between google, and his bank account, he doesn't owe you a PENNY! The break could be as simple as nobody completing a sale. If the refunds, or adsense, ate up all the money, YOU may end up owing HIM!

        Do you see the ONE thing they ALL have in common? Have you asked him WHY he didn't pay you?

        Steve
        Steve,

        If the amount of damages sought is under x amount ($7500 in Colorado) he has the right to file in small claims court.

        There are strategic legal advantages to filing first, and possible strategic advantages to filing as a
        negotiation tool.

        If he files in small claims court, he would be dealing with clerks and they are not able to make any
        legal decisions or offer legal advice.

        When the case gets to the judge and the other side has filed an answer, or decided not to, then the judge would make any venue decisions.

        This is very important because he has the right to file and the possible advantages of filing.

        With respect to attorney's fees, it is up to the attorney to set his or her hourly rate and varies from
        city to city, and based upon the attorney's experience and preferences, nature of the case, etc.

        Dan
        Signature

        "If you think you're the smartest person in the room, then you're probably in the wrong room."

        {{ DiscussionBoard.errors[9814475].message }}
        • Profile picture of the author seasoned
          Originally Posted by bizgrower View Post

          Steve,

          If the amount of damages sought is under x amount ($7500 in Colorado) he has the right to file in small claims court.
          YEP, but HOW does he file? He doesn't know what he is owed! Aren't you supposed to give a total that is what you are owed? I think even pain and suffering is generally disallowed in small claims.

          There are strategic legal advantages to filing first, and possible strategic advantages to filing as a
          negotiation tool.
          On a full court filing, sure. For small claims, it would be SO nebulous, and he knows he has all the cards. For all we know, he has licensing fees, or taxes, or refunds that are reducing income. Maybe records are delayed, or he hasn't matched things up yet.

          If he files in small claims court, he would be dealing with clerks and they are not able to make any
          legal decisions or offer legal advice.
          EXACTLY!

          When the case gets to the judge and the other side has filed an answer, or decided not to, then the judge would make any venue decisions.
          OK, I thought small claims was always in the area specified by the plaintiff.

          This is very important because he has the right to file and the possible advantages of filing.

          With respect to attorney's fees, it is up to the attorney to set his or her hourly rate and varies from
          city to city, and based upon the attorney's experience and preferences, nature of the case, etc.

          Dan
          SURE, but I was talking about SO long ago, and not specialized! Just saying. But YEAH, they could charge ANYTHING they want. A paralegal MIGHT be able to do what I am talking about. They could certainly do most of the paperwork, and SOME lawyers will discount that. I imagine most won't though.

          The ironic thing is he SAID he owned the "domain". If he DID, he would have enough to approximate what it COULD be. If he made a few tweaks, he could determine a base MINIMUM, from that point. HECK, he could change the IDs and get money from here on out.

          It would be interesting to know the whole story.

          Steve
          {{ DiscussionBoard.errors[9814573].message }}
  • Profile picture of the author bizgrower
    I do hope it goes well and he updates.

    Dan
    Signature

    "If you think you're the smartest person in the room, then you're probably in the wrong room."

    {{ DiscussionBoard.errors[9814581].message }}

Trending Topics