Held my hands up on something just the other day. I was wrong classing certain people as 'nobodies' and admitted I'd not picked up the Brent quote in the official HEX announcement. No harm done. Sorry though. I took you saying that you thought 'it was a big laugh to them' (in terms of deliberately causing all this controversy) as you thinking the club were laughing and deliberately trying to wind us up. If you didn't mean it like that, I apologise.
Possibly. Could go any number of ways. My personal negotiation style though, especially given we're the ones backed in to a corner here really, would be to be 100% legit, 100% amicable, 100% contractual, and look for a mutual resolution that works for all. I don't think you have that footing if you're not doing what you agreed to and what Hex.com have paid for.
I would imagine there would be something in the breach terms that would encapsulate the type of homophobic and anti-semitic content we've seen published, or at least I hope there would be. The difficulty, I would imagine, is with regard to who the contracted party is that we've done the deal with, and whether the posts are capable of being related to them.
Exactly this. Could be a minefield. If the sponsorship isn't directly with that specific individual, there may not be valid grounds to enforce that clause. If that clause exists.
I'd go the other way. Make it clear that unless they agree to an exit then we're removing the branding and they can take us to court. They might win, but even if they do it will involve time, effort and irrecoverable cost. Furthermore as there is no Hex company they'd presumably have to sue us in a personal capacity at which point there's going to be a public judgment linking some of them to their disgusting tweets which were otherwise hidden behind a twitter alias.
I think the problem there is exactly what you've said in your second paragraph. If we were sponsored by ASOS and their official account tweeted that "all [insert race here] are [insert slur here]" then there would be grounds to void the contract. But if someone who works at ASOS tweets that sentiment then we have no recourse. ASOS might take action against them but the club couldn't hold the view against the sponsor. That's effectively the situation we're in here. The people posting the slurs etc aren't Hex. They maybe shareholders or whatever but they aren't Hex or Hex.com I think we may find this difficult to get out of. Even if it's proven that the guy behind the deal has posted this kind of stuff, he's still not Hex. Who knows any one of the people that brokered previous sponsor deals could have been shady characters but they weren't the sponsor, their employer was.
Agree with this. I don't see any basis where a civil dialogue can have a platform here. BFC... so, we have some concerns about this deal. Sponsor... oh? BFC... yes, its come to our attention that your community has some really far right views. Explicit homophobia, direct abuse of one of our fans who has a jewish surname that led to repeated anti semitic verbal assaults and constant spamming of club tweets trying to get our fans to invest in your product. Oh, which we believe is a ponzi scheme.... so a scam. Sponsor... So let us get this right. You think we operate a scam, are homophobes and anti semites? BFC... well..... *awkward silence*..... yes. *very long awkward silence*...... but I hope we can be amicable and nice about this.... So if we can just tear up the deal, give you your money back and you'll leave us all alone.... yes?
We have no evidence to suggest we are trying to exit the contract and none to suggest we have any intention of doing so do we?
All of which points back to the due diligence process needed at the start of any proposed deal. The Hex lot have pointed out at great length that there's no company, etc so who becomes accountable in the event of any dispute? Usually there's some sort of clause to cover this, and also to state the jurisdiction of which court any dispute would be referred to. The identity of who we've done the deal with is becoming increasingly critical here and, pending any further update from the club, we're all in the dark on this.
Like I said, that's how you'd handle it, and I know others that would do the same and worked in that way. Wouldn't be my chosen approach though. And I did that as my line of work for five years.
Didn’t we go through an agency to broker this deal? Won’t our contract be at least part with them too?
It wouldn't normally be my approach either, I'm never one for burning bridges unless absolutely necessary as it's a small world. But here, where there's 0% chance of ever wanting to do business again, I'd go for it.
I can see that. The other consideration though, which you don't get with other sponsors, is the reaction of the community. Play hard ball and if that gets leaked you've got the risk of bringing some of that pain on to your 'customers' via social media. Agree it amicably, and there's a chance they just slowly fade away with no big drama.
But the club would still have a responsibility to know who they are effectively endorsing as a sponsor. Can any of our directors explain what Hex do, and give any reassurance that it is legit? If not, they shouldn't have gotten the club involved with them. And that's before you consider all the horrific tweets from associated individuals.
and all brought about by the sheer incompetence of those doing the deal. Do you honestly think that this is going to end amicably for either party?
Honestly. I have absolutely no idea. I'd like to hope so. But I remain positive on most things that they'll turn out ok.