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Referral Program ESEA

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snowpal

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Referral Program ESEA

PostSun May 21, 2017 10:06 pm

https://www.reddit.com/r/GlobalOffensiv ... l_program/


interesting story and would like to know your opinions.
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Ippon

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Re: Referral Program ESEA

PostMon May 22, 2017 10:11 am

My opinion: ESEA is shady as fuck and they're screwing him because they think they can get away with it. I hope they lose their shirts.
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Tan

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Re: Referral Program ESEA

PostMon May 22, 2017 11:33 am

I looked at the thread you linked and the ESEA response thread. I didn't have a lot of time to read it, but there are arguments on both sides. In the end Mario would have to sue ESEA for breach of contract and ESEA would have defenses and possibly counterclaims. ESEA doesn't appear to wish to sue Mario to exercise its claims; they are just asserting defenses out into the world. From my perspective, I don't think ESEA can ask a court to enforce Google's policy in court as an unnamed third-party beneficiary. If ESEA wants to sue Google, Google could bring Mario in as a related party on misrepresentation claims but I think that's a bad idea. ESEA's trademark and EULA defenses are also pretty weak. ESEA should have thought through their referral program a little more and had terms and conditions on it. That said, Mario's citing the wrong provisions and the stuff he is linking isn't precisely responsive to the issues here.
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Xanatu

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Re: Referral Program ESEA

PostMon May 22, 2017 11:50 am

Tan wrote:I looked at the thread you linked and the ESEA response thread. I didn't have a lot of time to read it, but there are arguments on both sides. In the end Mario would have to sue ESEA for breach of contract and ESEA would have defenses and possibly counterclaims. ESEA doesn't appear to wish to sue Mario to exercise its claims; they are just asserting defenses out into the world. From my perspective, I don't think ESEA can ask a court to enforce Google's policy in court as an unnamed third-party beneficiary. If ESEA wants to sue Google, Google could bring Mario in as a related party on misrepresentation claims but I think that's a bad idea. ESEA's trademark and EULA defenses are also pretty weak. ESEA should have thought through their referral program a little more and had terms and conditions on it. In general, Mario will likely only get paid if he sues them for breach of contract. That said, Mario's citing the wrong provisions and the stuff he is linking isn't precisely responsive to the issues here.

Want me to write up an invoice for you and ship it his way?
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Tan

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Re: Referral Program ESEA

PostMon May 22, 2017 11:59 am

TO BE CLEAR I AM NO ONE'S LAWYER AND THAT WAS NOT ME GIVING LEGAL ADVICE. MARIO AND ESEA SHOULD EACH OBTAIN COUNSEL LICENSED TO PRACTICE LAW IN THEIR RESPECTIVE STATES.

Also, :3
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Gutsman

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Re: Referral Program ESEA

PostMon May 22, 2017 12:57 pm

Xanatu wrote:
Tan wrote:snip/snip

Want me to write up an invoice for you and ship it his way?

Make sure to use his firm's letterhead.

(Is a joke!!!)
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snowpal

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Re: Referral Program ESEA

PostMon May 22, 2017 1:22 pm

Ippon wrote:My opinion: ESEA is shady as fuck and they're screwing him because they think they can get away with it. I hope they lose their shirts.



i agree
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baelthewarlock

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Re: Referral Program ESEA

PostMon May 22, 2017 3:46 pm

Some guy who tried to weasel his way into a clear loophole and is demanding $30000+ USD for making a few ads with google to promote his referral link.

Sounds like he's leading a fulfilling life. I'm happy they didn't pay him any more. Next thing you'll know, people will try to make this a career. This is like the internet version of mom's who do extreme couponing for their career (and make you wait 20 minutes in like behind them while they triple check every item scanned).
Leader of Titan the Casual
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snowpal

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Re: Referral Program ESEA

PostMon May 22, 2017 4:04 pm

In the first month he got them roughly 500 new subscribers and paid him out $3500. Now his payout is 30k and they wont pay it? hmmm thinking

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