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Old 10-29-2001, 02:26 PM   #1
JJJay
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Default Engage.com and outstanding payments

It looks like engage.com is trying their best to pay web publishers money due, not all but 60% of revenue due, below is the email I just received!!!

October 29, 2001

Re: Publisher Agreement with Engage, Inc.

Your company was notified in September of Engage’s difficult decision to close its entire media operations. The closure was completed on September 28, 2001. Engage recognizes that certain of our publisher clients are due payments by Engage under the terms of their publisher agreement.

Engage takes its contractual obligations very seriously. Unfortunately, due to the difficult economic environment, the extreme downturn in the online advertising market and the dwindling of Engage’s cash reserves, it is problematic for Engage to satisfy all obligations completely. Rather, our goal is to maximize the fulfillment of these obligations, while treating equally all publishers due payments.

Toward that end, we are offering each publisher an opportunity to receive 60% of the funds due from Engage, in final settlement of obligations under the publisher agreement.

We will be forwarding you by mail, a written offer consistent with the above and specifying amounts due to your company, along with an additional copy of the legal release of claims, attached to this email, to be signed by those accepting this offer.


We are sending this e-mail in advance of the mailing to give you additional time to consider and act on this offer. To take advantage of this opportunity, we ask that you review, sign and fax to the attention of Media Publisher Support at 978-247-5468 the attached Release, on or before November 16, 2001. We would like to proceed with this offer as quickly as possible while Engage is in a position to do so. Upon receipt of the signed Release by an authorized representative of your company, payment will be authorized and your check should arrive shortly thereafter.

We hope that you will find this an acceptable settlement, and appreciate your cooperation during these difficult times.


Sincerely,

Engage Media
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Old 10-29-2001, 06:00 PM   #2
Webmaster5000
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I think all US engage publishers got the same mail.

The question is...take the 60%, or hold out and try to get it all?

Any suggestions?
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Old 10-29-2001, 08:13 PM   #3
Stuart D
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The tone of that email smells of a sinking ship, but they could be trying to project that so people accept there offer.
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Old 10-29-2001, 08:18 PM   #4
cyrex
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Hi All,

I dont see any reasons why we shouldn't get paid 100% of the money we suppost to be paid. Engage burn rate is currently almost non existing as they got rid ofadvertising network. The way I understand they are just trying to pay us as little as they can, but that dosent mean we should accept the payment of 60%. If almost nobody accepts 60% payment they will have no other choice but to pay whole ammount in full. In fact I think we should start a support website dedicated to "getting money out of engage" after all how do you think will engage executives feel while trying to licence to publishers their ad serving sollution, if thousands of publishers wont be paid, and people all over the internet will be talking about engages bad biz practices. i think if we wont agree to 60% it will be more easy for engage to just pay us 100% of the ammount, since they are still in business and in fact they are trying to win publishers confidence as they are pushing trough their ad serving solution.
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Old 10-29-2001, 08:45 PM   #5
tonychoe
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I'm an US EngageMedia publisher but I didn't receive this e-mail. ( I didn't receive the e-mail about shutdown )

Anyone can tell me the e-mail address of mail sender?

Thank you in advance.
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Old 10-29-2001, 09:23 PM   #6
cyrex
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Quote:
Originally posted by AztecSummer

I don't think all Engage/Flycast publishers received the e-mail mentioned in the first post. I didn't. I still expect to be paid 100% of all monies owed. Perhaps only a few are being knocked down to 60%? If one takes the 60%, that closes the books for them and they can never claim the other 40%. Is that not true?
yes you are right, if one takes 60% he can't claim the remaining 40%
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Old 10-29-2001, 09:32 PM   #7
Strider
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Quote:
but that dosent mean we should accept the payment of 60%. If almost nobody accepts 60% payment they will have no other choice but to pay whole ammount in full.
That is not necessarily true. I am not saying you should accept such a cut but you have to bear in mind that the company is in financial trouble and may not have the cash on hand to pay you the full amount. Is that your problem? Absolutely not, but if you wait it may force them into bancruptcy instead of forcing them to pay everyone in full. If they file for bankruptcy, webmaster payments would be on the bottom of that long list of creditors.

On the other hand, if you accept the smaller payment and Engage comes through this okay and is able to pay out the rest that is owed, you probably will not get that other 40% that is owed to you.
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Old 10-29-2001, 10:33 PM   #8
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I'd happily accept the 60% just to put Engage behind me (you've probably read my *** story in the other recent thread related to this issue). I'm owed four-figures, but have lost my patience with Engage, and would now be pleased simply to receive something from a company that could likely fold within a year.

Unfortunately, I have not received this or any other email from the firm in several months.
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Old 10-30-2001, 12:46 AM   #9
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Engage is facing lawsuits (alleged securities violations), nowhere near profitability (they lost $7 million on revenues of $9 million), running out of cash, and being forgotten by CMGI. Odds are the best bet is to take the 60% and call it a day if you can, not that getting 1/4-1/3 the money is an easy pill to swallow.

A couple of interesting lines from their latest fiscal report (as of July 31):

Cash and cash equivalents: $ 33.261 million
Due to CMGI and affiliates: $41.520 million
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Old 10-30-2001, 08:33 AM   #10
gladius
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Well, I am of the mind to take the money and run. Losing $2500 *****, but it ***** a whole lot less than getting paid nothing at all.

I certainly won't immediatley jump on the offer, but if we do not agree, it will probably mean lawyers, lawyers fees and years? of wait for a payoff that may never appear. After all, even if they lost such a case (likely?), it does not mean that theyeven can or will pay at the end.
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Old 10-30-2001, 02:52 PM   #11
vitaliyf
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Haven't received an email either, although I have been Flycast/Engage publisher from the very beginning to the very end.
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Old 10-31-2001, 10:11 PM   #12
cyrex
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Hi Geeks,

I think I got an idea why some of us did get an email from enage offering to take 60% and others didn't. I think it all depends on the ammount you are owned. Please reply to this topic answering 2 questions.
A)Are you owned more or less then $1000 by enage ($1000 overall over the last 3 month, since engage pays net 90)
B)Did you receive email from enage offering you to take 60%?

Please reply with an answer to this post geeks! I'll start off by myself answering the two questions above.

A) Yes I am owned more then $1000
B) Yes I did receive email from enage.
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Old 10-31-2001, 11:49 PM   #13
vitaliyf
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About $1500 (of course under their new rules, they would take some extra ammounts off of the numbers in SiteReporter).

No email.
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Old 11-01-2001, 02:17 AM   #14
Czar

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A) Yes I am owned more then $1000
B) NO, I did nont receive this email from Engage.

One other factor that should come into consideration in this informal poll is whether or not the entity owed money from Engage is based within the US. Mine is not, so:

C) I am a foreign resident, and no Engage offices presently operate in my country (ie, no opportunity to enact a small claim).
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Old 11-01-2001, 03:11 AM   #15
Czar

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Too many variables...male brain overload...feeling weaker...

How about:
Alphabetical order?
Date of joining?
State of residence?
Blood type?
Favorite resident of Gilligan's Island?

Maybe we're just stabbing in the dark here, after all.

BTW, though I asked this in another thread, it's undoubtedly more relevant here. Is anyone aware of an email address used to contact Engage's accounts department directly? The company doesn't seem to be responding to queries directed to either empublisher@engage.com or support@engage.com.
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