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?
Criminal Defense Attorney
Is there a merger clause in the contract?
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Real Estate Attorney
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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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 Often, agreements will have a clause stating that the agreement is complete and prior negotiations have been superseded to the agreement.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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