Expert: Charles W. Field - 9/29/2004

Question
Hello,
I have a situation where I bought into a small online franchise where I promote the sell of products either through online stores like Target, Best Buy, Hickory Farms, and just under 230 other stores or a wholesale website.  It's my job to promote my sites to get people to visit them and make purchases.  I do not deal with any products in terms of having to physically shipping them.  The problem that I am having is that I am not getting all of the commissions that I was told I would get from "each sale" of "each store."  Over the past year I've only gotten one small commission check.  I am concerned that purchases are being made through my promotion efforts and I am not getting compensated for them.  As an example, I made two separate purchases from Target Department Store and never got commissions from them.  I had a very difficult time getting in touch with someone to get some of my questions answered regarding commissions along with other matters.  When I did get in touch with someone, a definite resolution was not made, although the talks were pacifying.  The same thing happened with a second purchase that I made to se if everything was working, as it was suppose to.  I've invested a fair amount of money in advertising, marketing, and promotion and I feel that the franchiser did not meet their contract obligation.  There may have been a hundred sales made and I would never know.  It has gotten to a point where my inquiries are not being responded.  I'm located in Cleveland, Ohio and the franchiser is located in Las Vegas, Nevada.  I no longer want to do business with the company.  Is there anything that I can do legally to recoup my investment, provided I can prove my complaints to be valid via providing the contract that we both signed?
Thanks,
Art


Answer
If you have a written contract with the company, it should spell out your rights to review the books to see what commissions you should be getting. Since the contract, if one exists in writing, should be reviewed by an attorney, I would advise you to consult with a local attorney.