Website Issues

[guestpost]

I created a website business selling a product my friend carries in her business. She purchases the product and gives me 60% profits of all that I sell on the website. I built the website single handedly, got it on page one on all search engines and now it is very successful. She did not think it would be this successful. It has grown to close to a million $ company and she has recently decided to pay me 25% of my previous pay. Sales are bigger than ever. I'm still processing and mailing the orders, yet not getting paid for them. The orders go into her checking account and she has always paid me each week. She doesn't even have the sign-ons and has no idea how to work any part of the web info. She has since demanded me to sign the website over since she "owns" the shop. She does own the shop, but I built the website and all sales are simply because I built it. My name is on the domain and all web info. People call my cell to place orders and go to my website. What are my rights?

 

[Michael Wechsler]

You have a civil action for breach of contract. I hope that you have a written contract since it would make it easier to prove your case. However, if you have emails to this effect or other written materials and proof that this relationship existed for a period of time, that may be sufficient to prove the agreement.

You have a complex issue. Technically it would appear that you own the domain as the "registrant" of the domain name. It might even be disputed who owns what and that you are at a place where you will need to clarify and formalize your relationship going forward.

With such a high dollar amount in question, I have no reservation to tell you that you should speak to an attorney as soon as possible. Do not try to handle this yourself - you should have an experienced lawyer handling this case and compiling the information before confronting your business partner. The fact that you either own or control a significant part of the intellectual property (the code of the website, etc.) could mean that you may have significant leverage in settling this case without having to go to court and litigate the dispute. Settlement of a case is certainly beneficial and you stand a better chance of having that happen by having a professional, an experienced attorney, advising you of the situation and then taking the necessary steps to get you there. It's possible that these costs could be paid for by your partner / the defendant as part of a settlement. Good luck to you.

 

[Michael Wechsler]

You have a civil action for breach of contract. I hope that you have a written contract since it would make it easier to prove your case. However, if you have emails to this effect or other written materials and proof that this relationship existed for a period of time, that may be sufficient to prove the agreement.

You have a complex issue. Technically it would appear that you own the domain as the "registrant" of the domain name. It might even be disputed who owns what and that you are at a place where you will need to clarify and formalize your relationship going forward.

With such a high dollar amount in question, I have no reservation to tell you that you should speak to an attorney as soon as possible. Do not try to handle this yourself - you should have an experienced lawyer handling this case and compiling the information before confronting your business partner. The fact that you either own or control a significant part of the intellectual property (the code of the website, etc.) could mean that you may have significant leverage in settling this case without having to go to court and litigate the dispute. Settlement of a case is certainly beneficial and you stand a better chance of having that happen by having a professional, an experienced attorney, advising you of the situation and then taking the necessary steps to get you there. It's possible that these costs could be paid for by your partner / the defendant as part of a settlement. Good luck to you.