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"Publicity" Agreements - Page 2
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"Publicity" Agreements

2

Comments

  • MikePTMikePT Moderator, Patron Provider, Veteran

    @jiggawattz said:

    MikePT said: It's something that usually the clients are proud for. Free advertisement for them as well.

    Sure - Usually.

    But what if Digital Ocean is outed as the hosting provider for some ultra right wing Catalonian terrorist group? And your name is plastered on their website? Without your explicit permission first?

    That's a different subject. If DO provides them service, they're more than happy to have their logo displayed in such website. However if DO won't, they well, they'll simply get rid of the customer. IF the customer decides to keep the logo there, then it's a matter of contacting lawyers and solving the matter.
    Doing the reverse view here, but I did understand what you mean. In any case, customer should read their ToS first, and inform them in advance that, if they signup, they don't want to be named anywhere and DO will comply, I assume.

  • If you're doing something serious - then you'll take the few minutes that it takes to read the ToS - it's in good ol' basic English & I'm sure DO's sales team would be willing to elaborate on any clauses if you're unable to comprehend them.

    If you didn't read the ToS, then you have no right to complain - simple as that.

  • jarjar Patron Provider, Top Host, Veteran

    jiggawattz said: Without your explicit permission first?

    Again, simple question: Who is featured on any of their marketing material without permission?

    If you think really hard about it, you'll actually get the purpose of it. But I can't say it, because that's a public statement representative of legalese and it would need to be approved by a legal team before I could say it.

  • @jarland Here's my corporate logo:

    8======D

    e86D9r.win

  • jarjar Patron Provider, Top Host, Veteran
    edited September 2017

    Actually, let me see if I can tell you why I think HetrixTools would have this. Here's what I think Andrei may not be saying in his policy:

    1. He wants to be able to make a handshake agreement with his customer to mention them in promotional materials, but doesn't want to be sued if they pretend the agreement was never made. This makes it easy for his marketing team to cut through red tape and just deal with customers when making marketing material, while providing them with the kind of legal protection they need in the case of an unforeseen event. If Andrei's policy said he required permission, it defeats the entire purpose because he couldn't make those handshake agreements and still needs to draw up papers every single time, so he can't cut through said red tape.

    2. If Andrei is ever out at a conference and someone says "Hey can your infrastructure handle this?" he can then reply "Oh yeah, you've heard of _____ right? They use us like that and it works no problems." Even if _____ was well known to be a customer of Andrei's in the first place, and what they do is easily assumed or well known so there's not a huge reveal there, it's just an added layer of protection for him in saying that.

    I know, super evil of Andrei.

    Thanked by 2MikePT HBAndrei
  • MikePTMikePT Moderator, Patron Provider, Veteran

    As I mentioned above, I accept free marketing to myself, or my company.

    I'll even send nudes.
    Not mine obviously.

    Thanked by 1jar
  • jarjar Patron Provider, Top Host, Veteran

    MikePT said: Not mine obviously

    Well then no deal.

    Thanked by 2MikePT switsys
  • MikePT said: 'll even send nudes. Not mine obviously.

    I do not see the point in this. Random nudes can be obtained easily.

    Thanked by 1MikePT
  • MikePTMikePT Moderator, Patron Provider, Veteran

    @jarland said:

    MikePT said: Not mine obviously

    Well then no deal.
    @Nekki said:

    MikePT said: 'll even send nudes. Not mine obviously.

    I do not see the point in this. Random nudes can be obtained easily.

    If you want a true nude, you'd need to pay me very, very well. At least $7 USD + PP fees.

  • jarjar Patron Provider, Top Host, Veteran

    MikePT said: At least $7 USD + PP fees

    I'll pay $15 if you wear a headset and I can use it on my support page.

    Thanked by 1MikePT
  • MikePTMikePT Moderator, Patron Provider, Veteran

    @jarland said:

    MikePT said: At least $7 USD + PP fees

    I'll pay $15 if you wear a headset and I can use it on my support page.

    I'm sold.
    Can I tap my inners?

  • jarjar Patron Provider, Top Host, Veteran

    @MikePT said:

    @jarland said:

    MikePT said: At least $7 USD + PP fees

    I'll pay $15 if you wear a headset and I can use it on my support page.

    I'm sold.
    Can I tap my inners?

    I don't know what that means but it sounds hot.

    Thanked by 1switsys
  • @jarland said:

    @MikePT said:

    @jarland said:

    MikePT said: At least $7 USD + PP fees

    I'll pay $15 if you wear a headset and I can use it on my support page.

    I'm sold.
    Can I tap my inners?

    I don't know what that means but it sounds hot.

    @Nekki parachute account found!

  • We have a similar clause in our contracts. If they ask us to remove it, we increase the price by 10% to give them an incentive to leave it in.

    Thanked by 1Dustlab
  • @jh said:
    If they ask us to remove it, we increase the price by 10% to give them an incentive to leave it in.

    Nice :) what else can your customers do for you to decrease price?

  • raindog308raindog308 Administrator, Veteran

    I understand your argument @jarland - and in my heart of hearts, I don't think DO is going to abuse this. But they could.

    I just don't like "hope you noticed this clause" gotchas. Particularly in this case, where it is not common practice in the industry.

    jarland said: He wants to be able to make a handshake agreement with his customer to mention them in promotional materials, but doesn't want to be sued if they pretend the agreement was never made.

    That's a strange risk to specifically protect. How often does this happen?

    jarland said: If Andrei is ever out at a conference and someone says "Hey can your infrastructure handle this?" he can then reply "Oh yeah, you've heard of _____ right? They use us like that and it works no problems."

    Of course, if that was a DO employee, they'd check the opt-out list first, right? ;-)

  • why no one is thanking jiggawattz for digging up some dirt like this? @jiggawattz any other eyebrow lifting tos's you came across?

  • ehab said: why no one is thanking jiggawattz for digging up some dirt like this?

    Because barely anyone gives a fuck, perhaps?

    Thanked by 3MasonR Aidan Clouvider
  • @Nekki said:
    Because barely anyone gives a fuck, perhaps?

    guess not from LET, the fact of this got me interested. Maybe when there is time and when if ever what i do has value then one should care.

  • @ehab said: guess not from LET, the fact of this got me interested. Maybe when there is time and when if ever what i do has value then one should care.

    There's no substitute for reading the ToS of a provider beforehand.

    That said, I don't think that this kind of publicity clause is so common among providers (lowend or not), as @raindog308 also suggested.

    We all know that DO is special in so many ways.

  • jarjar Patron Provider, Top Host, Veteran
    edited September 2017

    @raindog308 said:
    I understand your argument @jarland - and in my heart of hearts, I don't think DO is going to abuse this. But they could.

    I just don't like "hope you noticed this clause" gotchas. Particularly in this case, where it is not common practice in the industry.

    jarland said: He wants to be able to make a handshake agreement with his customer to mention them in promotional materials, but doesn't want to be sued if they pretend the agreement was never made.

    That's a strange risk to specifically protect. How often does this happen?

    jarland said: If Andrei is ever out at a conference and someone says "Hey can your infrastructure handle this?" he can then reply "Oh yeah, you've heard of _____ right? They use us like that and it works no problems."

    Of course, if that was a DO employee, they'd check the opt-out list first, right? ;-)

    I assume once would be too many times. I'm talking about Andrei though. If you want to talk about DO's policies, you should open a ticket. It you're concerned about legalities and such, you should consult your lawyer. If you don't trust your providers, you should pick new ones.

    Thanked by 1luissousa
  • ehab said: guess not from LET, the fact of this got me interested. Maybe when there is time and when if ever what i do has value then one should care.

    If that ever happens, if it bothers the individual that much then they'll find a provider without that clause in the TOS.

    Or you'll have some kind of enterprise agreement where your lawyers make sure there's no publicity clause.

    Or, you'll welcome the additional publicity, and be pleased to see your name alongside DO's.

    Who the fuck knows, right?

  • jarjar Patron Provider, Top Host, Veteran

    @Nekki said:

    ehab said: guess not from LET, the fact of this got me interested. Maybe when there is time and when if ever what i do has value then one should care.

    If that ever happens, if it bothers the individual that much then they'll find a provider without that clause in the TOS.

    Or you'll have some kind of enterprise agreement where your lawyers make sure there's no publicity clause.

    Or, you'll welcome the additional publicity, and be pleased to see your name alongside DO's.

    Who the fuck knows, right?

    ...or you send one tiny little email and opt out.

  • Not sure? I never mentioned you. I am not even a DO customer.

  • @jarland said:

    @Nekki said:

    ehab said: guess not from LET, the fact of this got me interested. Maybe when there is time and when if ever what i do has value then one should care.

    If that ever happens, if it bothers the individual that much then they'll find a provider without that clause in the TOS.

    Or you'll have some kind of enterprise agreement where your lawyers make sure there's no publicity clause.

    Or, you'll welcome the additional publicity, and be pleased to see your name alongside DO's.

    Who the fuck knows, right?

    ...or you send one tiny little email and opt out.

    Whoa whoa whoa. I'm in this for possible FrontPage/YouTube creds. Why would I want to be slightly inconvenienced and opt out as being a possible unwitting spokeslaveperson?

    Thanked by 1jar
  • jarland said: ...or you send one tiny little email and opt out.

    YOU FUCKING MONSTER

    Thanked by 1jar
  • Okay, so I could get on @jarland‘s website? Just by sending in a picture of myself, naked & wearing a headset? Or this that an offer which is limited to sexy guys from Portugal?

    Thanked by 2jar WSS
  • jarjar Patron Provider, Top Host, Veteran

    @Amitz said:
    Okay, so I could get on @jarland‘s website? Just by sending in a picture of myself, naked & wearing a headset? Or this that an offer which is limited to sexy guys from Portugal?

    Them is the terms. Anyone is welcome.

  • HarambeHarambe Member, Host Rep

    Every startup and enterprise service/software vendor has had a similar clause for the last decade. I worked at an ecommerce company years back that put this in their terms because we had orders from Google, FB, Oracle, etc purchasing depts - and those logos on the homepage drove a ton of conversions.

    I'm sure if Hetrix/DO used your company logo and you emailed them to opt out after the fact, they'd do it without putting up a fight.

  • @jarland Make sure you use my proper business name, "Tentacoo Wape, LLC"

    Thanked by 2Nekki jar
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