• Report: #558527

Complaint Review: DineandDiscount.com

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  • Submitted: Fri, January 22, 2010
  • Updated: Mon, April 23, 2012

  • Reported By: Koober — Griffith Indiana United States of America
DineandDiscount.com
18636 Pheasant Ridge Road Prior Lake, Minnesota United States of America

DineandDiscount.com Mike Gerken Sold territory for fundraising company and then he breached his own contract by not allowing access to the back office of the website. Prior Lake Minnesota

*Author of original report: Dineanddiscount.com

*Author of original report: dine and discounts / Mike Gerken

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In April 2008 for the sum of $9500 David Page and Mike Kubacki purchased the Chicago South territory from Mike Gerken at Dineindiscount.com now known as dinenanddiscount.com. In August 2009 Mr Gerken informed us that he was terminating our contract due to a failure to generate revenue of $12,500. We contend that the way our contract is written that a failure to meet stated revenue of $12,500 only gives Mr Gerken the right to come and work in the stated territory.It does not give him the right to terminate our contract. We also contend that the services provided by said website and the business model to execute the use of said website have been in a continually changing pattern so that it was necessary to wait to be clear as to whatbusiness model would be deemed most efficient. The contract as it is written renews on a yearly basis in perpetuity unless the contract is breached or both parties have agreed to terms terminating said contract. [continued below]....
..... We have been unable to access the back office area of the company website as our access password no longer is valid. Mr Gerken has failed to respond to our requests to restore our access (phone call Oct 9th,2009, email Oct 28th, and signature confirmed letter Nov 6th, 2009). This has been very frustrating because based on communication with other territory owners we are the first ones he has done this to, however we are not the first ones to lied to. There was communication that an owner from Iowa had litigation against him but we are not sure of the outcome. I am sure there are many owners that would want to sue him and I would welcome a class action lawsuit. 

This report was posted on Ripoff Report on 01/22/2010 11:58 AM and is a permanent record located here: http://www.ripoffreport.com/r/DineandDiscountcom/Prior-Lake-Minnesota-55372/DineandDiscountcom-Mike-Gerken-Sold-territory-for-fundraising-company-and-then-he-breache-558527. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

Dineanddiscount.com

AUTHOR: Koober - (United States of America)

In April 2008 for the sum of $9500 David Page and Mike Kubacki purchased the Chicago South territory from Mike Gerken at Dineindiscount.com now known as dinenanddiscount.com. In August 2009 Mr Gerken informed us that he was terminating our contract due to a failure to generate revenue of $12,500. We contend that the way our contract is written that a failure to meet stated revenue of $12,500 only gives Mr Gerken the right to come and work in the stated territory.It does not give him the right to terminate our contract. We also contend that the services provided by said website and the business model to execute the use of said website have been in a continually changing pattern so that it was necessary to wait to be clear as to what business model would be deemed most efficient. The contract as it is written renews on a yearly basis in perpetuity unless the contract is breached or both parties have agreed to terms terminating said contract. We have been unable to access the back office area of the company website as our access password no longer is valid. Mr Gerken has failed to respond to our requests to restore our access (phone call Oct 9th,2009, email Oct 28th, and signature confirmed letter Nov 6th, 2009). This has been very frustrating. This case is pending in the Minnesota Court System
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#2 Author of original report

dine and discounts / Mike Gerken

AUTHOR: Koober - (United States of America)

In April 2008 for the sum of $9500 David Page and Mike Kubacki purchased the Chicago South Territory from Mike Gerken at Dineindiscount.com now known as dine and discount.com. In August 2009 Mr Gerken informed us that he was terminating our contract due to failure to generate revenue of 12,500. We contend that the way our contract is written that a failure to meet stated revenue of $12,500, only gives Mr Gerken the right to come and work in the stated territory. It does not give him the right to terminate our contract. We also contend that the services provided by said website and the business model to execute the use of said website have been in a continually changing pattern so that it was necessary to wait to be clear as to what business model would be deemed most efficient. The contract as it is written renews on a yearly basis in perpetuity unless the contract is breached or both parties have agreed to terms terminating said contract. We have been unable to access the back office area of the company website as our access password suddenly became invalid. Mr Gerken has failed to respond to our requests to restore our access,(phone call Oct 9th, 2009, email Oct 28th, and signature confirmed letter Nov 6th, 2009). This has been very frustrating because based on communication with other territory owners we are the only owners being mistreated this way, however we are not the first one he has lied to or mistreated in other ways. At time of his breach we had a good growing territory with over 102 discounts of substantial value, most of these discounts have since expired at the end of 09, which has now made us unable to live up to our contracts with advertisers. I am sure there are many owners that would want to sue Mr Gerken and I would welcome a class action lawsuit.
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