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  1. #1
    Newbie
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    January 30th, 2007
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    Spilsbury out of Business - Owing me over $2600 in commissions!!!
    hey, I just went to Splsbury website and saw this message:

    "Please be advised that the operations of Spilsbury Puzzle Company have ceased. Spilsbury Puzzle Company executed an Assignment for the Benefit of Creditors on February 23, 2007. Please direct any creditor related questions or comments to the Assignees office to the attention of Steven Victor or Matt Farnsworth at (312) 263-4141. A Notice of Assignment will be mailed to all known creditors in the near future. Orders placed on this website after Thursday, February 15th have not been shipped nor have credit cards been charged. Also, product or customer service questions are not being addressed by the Assignee. "


    Im owed over $2600 for the months of October - December.
    Its already March and I havnt seen one nickle.

    Imagine how much I had to spend in order to make this amount of commissions...! so Im in big debts now untill I get my money!!!

    Performics telling me for months that they are impotent and cant do anything unless they get paid. well this is $2600 dollars Im owed and I deserve a much more serious answer by now.

    whats going on? who can help me? when is this supposed to be resolved??? it seems like theres isnt any development at all...!

  2. #2
    notary sojac Herb ԿԬ's Avatar
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    so they went bankrupt. finding out which way will at least tell you what to expect, but I assume that from one date to the other, they don't have to pay their creditors.

    you are a creditor. you should receive an email or letter from whoever is appointed the receiver by the Court. Details will be in it.

    don't hold your breath for money from them and don't blame the network; they probably had no warning either.

    I do feel sorry for you as this has happened to me as an affiliate more than once.

  3. #3
    The slot machine that IS paid! Billy Kay's Avatar
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    January 18th, 2005
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    They should tell CJ

    I haven't gotten an email to remove any links...

    and I just clicked MY link to get to their website, and it didn't show up in the invalid links report

  4. #4
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    January 18th, 2005
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    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  5. #5
    Mama in Charge Anne's Avatar
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    Some merchants have a way of doing this. They KNOW they are going under and then hold out through the holiday season to suck as much out of us as they can, then fold. ARGH!

  6. #6
    Newbie
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    January 30th, 2007
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    Quote Originally Posted by Herb ԿԬ
    so they went bankrupt. finding out which way will at least tell you what to expect, but I assume that from one date to the other, they don't have to pay their creditors.

    you are a creditor. you should receive an email or letter from whoever is appointed the receiver by the Court. Details will be in it.

    don't hold your breath for money from them and don't blame the network; they probably had no warning either.

    I do feel sorry for you as this has happened to me as an affiliate more than once.
    how can i find out which way?

    and from your experience, what are my chances to receive payment?

    would it be legal not to pay me?

    Im not a U.S citizen so its harder for me to start dealing with this situation through other methods...

  7. #7
    notary sojac Herb ԿԬ's Avatar
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    Quote Originally Posted by dro
    how can i find out which way?

    and from your experience, what are my chances to receive payment?

    would it be legal not to pay me?

    Im not a U.S citizen so its harder for me to start dealing with this situation through other methods...
    I'm not a lawyer, so this is just opinion: you should receive some kind of communication as to which chapter of the law they filed with. The law allows them to forget debts (depending on the chapter) from before the filing date. This supposedly would allow them start anew assuming they can find new sources of operating funds.

    it may be a receiver has been appointed by the bankruptcy court to run the company until it can be sold or liquidated.

    It is rare for a company to pay debtors from before they filed for receivership.

  8. #8
    Affiliate Network Rep
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    January 18th, 2005
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    Hello,

    Regarding the Spilsbury Performics affiliate program, we terminated our relationship. A notice regarding Spilsbury's Performics affiliate program termination was sent on January 23, 2007.

    We will endeavor to collect all outstanding fees from Spilsbury. Outstanding fees include Spilsbury publisher fees for the months of October, November, and December 2006. Performics will forward any payments that become available if you are owed fees. Due to termination you will not be paid for any activity generated after January 23, 2007.

    We regret any inconvenience this situation has caused you and will make every effort to recover past due fees. If you have any immediate questions please contact SpilsburyAffiliatesATperformics.com.

    Thank you,

    Jamie Ross
    Manager, Affiliate Customer Support

  9. #9
    Merchant & ABW Ambassador
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    Dro, I feel your pain man. Being that you are overseas, it makes it harder to claim something.
    If I am in your shoes, I would get in touch with those names. Then check local/federal laws as to how to submit your creditor's claim (so that you have something legal and on paper), check with the Att. General / BBB and work closely with performics.

  10. #10
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Dro,

    This is not legal advice, just some general information from afar, about how a matter like this should be approached:

    Spilsbury Puzzle Company executed an Assignment for the Benefit of Creditors on February 23, 2007. Please direct any creditor related questions or comments to the Assignees office to the attention of Steven Victor or Matt Farnsworth at (312) 263-4141. A Notice of Assignment will be mailed to all known creditors in the near future.
    Your have to take some action. You cannot expect anyone else to protect your interests. Your best plan of action is the following:

    1. Call the office of the Assignees and get their mailing address and the case number assigned to the Spilsbury assignment.

    2. Send a letter, certified mail, return receipt requested, to the Assignee, stating that you are a creditor, ask them to add your information to the list of creditors, and ask them to mail a claim form to you.

    3. Copy all reports from Performics showing the commissions that are owed to you.

    4. Follow the instructions on the claim form and submit it, certified mail, return receipt requested, with your commission documentation (ESSENTIAL), prior to the deadline for submitting claims. Enclose an extra copy of the claim and a self-addresssd stamped envelope and ask them to conform the copy and mail it back to you (so you have proof that your claim was timely filed).

    Unfortunately, unsecured creditors such as yourself are behind secured creditors who get priority when assets are distributed. At best, you may get some of what is owed, but don't expect to see any money for at least several months, or longer.

    Good luck
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, theres no place for truth on the internet." -Howard Wolowitz[/SIZE]

  11. #11
    ABW Ambassador newestuser's Avatar
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    I'm owed $480 from them too.. If i get it, then great, if not, oh well. Its just not a battle I want to fight, I'd rather spend the time moving forward with my other merchants. If it was $2600 though, I may have tried a little harder.
    Best of luck!

  12. #12
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Quote Originally Posted by newestuser
    I'm owed $480 from them too.. If i get it, then great, if not, oh well. Its just not a battle I want to fight, I'd rather spend the time moving forward with my other merchants. If it was $2600 though, I may have tried a little harder.
    Best of luck!
    Absolutely right.

    $2600.00 might be enough to go through the hassle, but certainly not a few hundred. I'm still owed $??? from when the original Kitchenetc.com went bankrupt about three years ago. Not enough for the time, effort, expense and diverted attention required.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, theres no place for truth on the internet." -Howard Wolowitz[/SIZE]

  13. #13
    Affiliate Manager MINDsprinter's Avatar
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    In general with bankruptcy, all assets are sold off and creditors paid in a certain order. That means banks and other loans first and then people like networks and affiliates. Unless there was some sort of criminal activity, the money from the company is all you get, not the money from the owner's personal accounts. So yeah, don't hold your breath, but go ahead and file your claim.
    Jason Rosenbaum
    Affiliate Manager
    MINDsprinting

  14. #14
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    September 19th, 2006
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    B&P,

    Here's a Hint: Click on the link that says "Advertising" if your looking to advertise
    Last edited by Haiko de Poel, Jr.; March 8th, 2007 at 04:47 PM.

  15. #15
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    B&P,

    Please don't tell me your linkshare Rep told you to drop the link
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

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