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Just an update. I got this in email today after offering them 15% on sales 2% on all sales even if they didn`t make the sale. I`d just like opinions....

"I`m afraid that we are not interested in sales repping the books any
more.It is very sad and unfortunate the way things ended up.  I especially
feel bad about the XYZ project.  The only way we would want to continue
with books is with our company having total control and I am sure you
would not be interested in that."

The xyz project she bad mouthed me on and costs a lot of artists a fair chunk of change. I`m happy she said no. I read into it that the real reason that this whole deal fell apart is because she wanted to own the product I was producing. Your thoughts?

I`ve never heard of a distributor having full control over a product that is produced by another company.

I agree with Craig`s advice. Move on and chalk it up to experience. There is no point in extending this relationship. It appears that she has offered you a graceful out so take it. Use the reason she provided in any communication if asked - otherwise, take the higher ground, remain professional and let your actions demonstrate your character.

Have you considered FINDING another distributor to help the artists get exposure? Basically helping a competitor displace the nutbar - you help the artists who seem to be dependent on the nutbar and they in turn will be more comfortable. If they`re happy, then you`re happy :)

A distributor that wants to have full control over a product but still make a commission? That is crazy. Either you get a commission for acting as an agent of the manufacturer/supplier or you take title to the product and resell it. There is no combination of the two.


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A good idea is a good idea NOW![sup]TM[/sup]

ethnicomm inc. | sales | marketing | web | strategy consulting

I`d say this was unbelievable, excepting that I`ve seen things like it before. I do agree that it`s sad, pathetic, and all the things she claims to assign to you. Unfortunately, as is the case with people like this, they don`t want to notice that they`re the ones exhibiting all those characteristics themselves.

Move on, learn, be a bit more cautious next time, and remember that there are lots of people in the world who AREN`T crazy! :-D

All great advice and thank you both for shedding some `uncrazy` light on the situation. I`ve decided to take the high road as you suggest. I could sue them, but I think I`ll take the other route and contact those artists I really want to work with and plead my case with them. I think once they see the emails and lack of payment they`ll understand.

Again, truly appreciate the comments.

We can borrow from the Eastern philosophies, I think. When you enter into battle, you take for yourself the same characteristics of your opponent.

In my personal opinion, your opponent is nuts. So aside from choosing not to engage because you "feel" it`s a good way to go, there`s also a somewhat more objective reason. If you do enter into battle, you too must bring out your own insanity. Otherwise, how would you properly attack and defend?

We see it also in such things as FBI profilers, where over time, the "good guys" become captured by the insanity of the criminals in whose minds they spend so much time.

You`ll know when you`ve passed through this whole issue when you`ve become apathetic to it---where you don`t at all care anymore. When you first started, you were pleased with the relationship. Now you`re angry with the relationship.

In either opposing state, the one thing that remains constant is "relationship." See? As long as you`re being emotionally affected, you`re still captured by the relationship. Taking the high road, making a decision to walk away, that leads you out of the entire "maze" of the relationship. At that point, it won`t affect you anymore. You`ll have to clean up some mess, but that`s normal.

So lessons learned for the future.  Number one, all contractual agreements should be in written form and signed by both parties.  Number two; make sure you have a breach of contract clause in the written contract.  If the distributor deviates from the contract, end the contract.  It’s great to sell your product, but not if you don’t get paid.  Finally, if it were me, I would take all you information to an attorney and see if you can recover any money form the distributor.  Most states have laws that allow you to consult with an attorney at no charge.  Then if he /she decide to take the case, they will set a fee for service.

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The older we get, the more excuses we make for not chasing after our dreams. But truth is, goals are attainable at any age.

All good points.

I did have a contract, but not a breach clause. Lesson learned. I did have a contractual agreement with the artists too, and instead of being nice when they drop out, I`m just going to enforce what`s in the contract - a 30 day business as usual clause. But now I realize I`m going to up that to 1 year.

I`ve taken over invoicing and am beginning to receive payment from customers directly, so I think I`ll just forget about suing. There are lots of artists that have great artwork I can license. It`s unfortunate that some of the artists dropped out, but, move on.

This was all a great learning experience and am glad it happened now instead of later. What I learned with this and in the comments you guys have offered is like a year of biz school.

I also realize that going the legal route would have been the best route if I hadn`t taken over the invoicing and collection and couldn`t get collection from the distributor. At this point it would take up too much time and money to go after them for badmouthing. I`ll let Kharma come and get them and it will. Sales of these books will most likely be high during the summer season and I`ll let all the artists know that dropped out what the distributor did to them by forcing them to choose.

I realize I`ve got to take the high - professional - road and not be vindicitve like they were.

Again, thanks. All fantastic suggestions.