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Misrepresentation or not?

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I run a YouTube channel on which I used to have ad placements from Google's AdSense system which I make a revenue from.

So in July I was contacted by an other ad-selling company (similar to AdSense) which claimed that their ads "will always have a higher Cost-Per-Mille (revenue per 1000 views) value than that of AdSense". It all sounded good, so I decided to sign a contract with them for 1 year.

It turned out that I am making less than HALF the revenue I used to with AdSense. Now they won't release the agreement.

(1) Is this not "misrepresentation"? Do I not have legal grounds to breach the contract?

I have also shown them a screenshot of my conversation with their recruiter, but they say they cannot verify the authenticity of it.

(2) Is this not their problem if they cannot verify?

Attorney Answers 3

Posted

Is there a merger clause in the contract?

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Posted

I believe not. I should have added in my post that the Recruiter mentioned the higher "CPM" on a skype chat. Nothing is stated about any CPMs in the contract it self, so I am wondering if being misled is sufficient enough to be considered Misrepresentation.

Posted

It might be. What is in the signed final agreement that you igned with them? Is there a merger clause in the agreement? You should have an attorney review the contract that was signed.

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Posted

To answer your questions, you have to look to the agreement, not the sales pitch. That is why the other two attorneys mentioned a merger clause. Often, agreements will have a clause stating that the agreement is complete and prior negotiations have been superseded to the agreement. Second, you have to the agreement as to its terms for termination. Some agreements can be terminated for any reason and others on notice for no reason. To know for sure, speak with an attorney.

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