Powerful Impact Inc., Burnett Brands, Mack Burnett III, Black Business Radio Was hired to complete a website and database applications and never completed the work after being paid in full. 10 Grace Ave, Suite 10, Great Neck, New York 11021Great Neck New York

I was contracted by Mr. D'Ambrosio in the third quarter of 2006 to assist him in getting his web site, RestaurantReservations.com, completed and launched.

I was originally contracted by RestaurantReservations.com as a technology and development adviser to assist them in getting their product out the door. Eventually this role evolved to the point where I developed the site for him and launched it in November 2006.

Given my involvement in this project, and the fact that some issues mentioned herein this report are reflective of the work I performed, I would like to provide some clarification.

Statement: "RestaurantReservations.com and Anthony D'Ambrosio received a CD from Powerful Impact with the finished product for his project."
Clarification: The CD received (which I was given a copy of) was not complete. There were missing web and database script files which rendered the whole unusable. From an email I sent to Mr. D'Ambrosio dated Aug 3 2006: "[T]hey couldn't even give all the source code (or even answer my post from yesterday asking about the missing files)."

Statement: "Mr. Burnett also is of the belief that Mr. D'Ambrosio not only used the work product to build the current RestaurantReservations.com."
Clarification: As the person who oversaw development of RestaurantReservations.com as it was launched in 2006 (and exists today), I can offer the following clarification of facts.

1) The web site as launched in November 2006 used the general look-and-feel (graphics design) that was created by Powerful Impact. (This design has since been replaced.) This was done for expediency, and was done under authorization from RestaurantReservations.com.

2) The web site as launched in November 2006 (and still exists today) was not developed using any code provided by Powerful Impact. This can be illustrated by the following facts:

2a) Complete code was never received (or, if it was, it was never provided to me).

2b) The incomplete code I did see was of substandard quality that I would not use anyway. From an email I wrote on Aug 3 2006: "Looking at the source code even further, there's not much that I'm impressed with. [It] doesn't take advantage of the benefits to the platform (i.e. ASP.Net). Frankly, it looks like an ASP.Net site developed by someone who really didn't know the 'best practices' for ASP.Net development. If I asked a developer to give me a sample of source code that shows his skills with ASP.Net and web programming, and he gave me this stuff, I wouldn't hire him. [A]s far as I'm concerned, it's novice-level web programming."

2c) The technologies and techniques used in the RestaurantReservations.com web site were not used in the incomplete code I saw. Among those technologies and techniques include ASP.Net master pages, object/relational mapping, extensive use of custom controls and user controls, and a multi-tiered software architecture.

3) This belief (that Powerful Impact code was used) was discussed during an arbitration case in 2007, and it was determined by an independent arbitrator that no such code was used (for the same reasons as outlined above).

My intent in providing this clarification is to dispel any assumptions that could be made with regard to my role in the process. In no way did I re-use another vendor's code, in whole or in part, and any assets provided by another vendor that were used (i.e. graphics as part of the web site) were done under direct authorization of the client, RestaurantReservations.com, who (to my understanding) had rights of use to such assets.

Mr. Burnett points out some great details about how he failed to fulfill his contract:

1. Mr. Burnett wrote and provided the proposal and contract to Restaurant Reservations. Restaurant Reservations agreed to the terms and price set out by Mr. Burnett. Mr. Burnett points out that you should review the contracts that Restaurant Reservations provides however we did not provide this contract Mr. Burnett did and I would advise you to seek legal counsel when reviewing a contract provided by him.

2. Mr. Burnett points out that Restaurant Reservations hired a lawyer to represent their case. This is not illegal and Mr. Burnett was provided reasonable notice and we exercised our legal rights.

3. Mr. Burnett was the one who chose to have any disputes addressed by the American Arbitration Association, we simply exercised our right. In addition we did not start litigation until 1 year after the initial contract was signed.

4. Mr. Burnett agreed to have the project completed within 90-120 days but continued to delay the project over 400 days, which was excessive.

5. Mr. Burnett never delivered a completed project, even during arbitration we demonstrated that his code was faulty and had numerous script errors and was incomplete and did not function.

6. As per Powerful Impacts contract, he put a clause that stated that all legal fees are to be paid by the party that lost the case, which is what happened in Mr. Barnett's case.

7. Mr. Burnett sent a CD with 10% of the code base completed by his company, which does not match our site that was developed by another firm after Mr. Burnett's breach of contract. His code base was not used at all and we demonstrated that at the arbitration case.

8. We also are not using ANY of his branding concepts.

9. As Mr. Burnett points out we paid $8,000.00, but the contract was for $8,000.00 which was price provided by Mr. Burnett and we paid the contract in full but at the same time he states we were not going to pay him from the start. That is very interesting that we paid in full and he can make a comment that we did not plan to pay him.

10. Mr. Burnett never provided a product that was complete or built to industry standards or best practices that is the reason we never accepted any work from the firm. In addition, they provided a system that never worked but expected us to take it or leave it.

11. The site provided has links that never worked, and just pictures of functions that never worked, he put up a nice Photoshop mockup without functionality.

12. As Mr. Burnett points out he stopped doing business and started another company however if you review his LinkedIn profile and other sites, he still operates the site and keep the site open however takes payments under his new company name PIMNYC.com aka Premier Image Makers to avoid paying the award.

13. Mr. Burnett never offered a refund of monies paid to him even after a polite invite to Mr. D'Ambrosio home, in which Mr. D'Ambrosio tried to come to a reasonable solution before the arbitration case.

14. Mr. **** has not harassed Mr. Burnett, and as he continues to make unfounded accusations as done in the arbitration case and in this rebuttal. Mr. **** can provide ample proof of all statements made.

15. Mr Burnett plays the role of a community activist however as seen on many news shows that show scam artist as work such as: preachers and other people who represent a religious organization have scammed people out of money.

16. Lastly, we providing information to the public which we have the right to do, all our statements are true and we can provide documentation, However Mr. Burnett makes comments that are untrue and cannot be proven because they have not occurred.

17. Mr. Burnett does business under multiple company names however no matter what company he does business as, it is still the same person running the company.

To sum our issue, Mr. Burnett and his firm(s) were hired to complete a project within 90-120 days, this never occurred. Even after 400 days he still never finished the project or had a working version. Mr. Burnett was paid in full for all services, the only person to suffer was Mr. **** who has lost out of pocket over $20,000 in legal fees and fees paid to Mr. Burnett.

This does not even include loss of revenue because he never delivered the project. Mr Burnett still operates Powerful Impact but takes payments under PIMNYC, and as demonstrated still uses the Built by Powerful Impact logo on work completed to date as demonstrated on PIMNYC.com portfolio. If Powerful Impact is out of business then why keep the site up?
Restaurant Reservations followed Powerful Impacts contract and filed a claim with the AAA and an unbiased arbitrator appointed and overseen the case.

The arbitrator found Mr. Burnett liable and awarded Restaurant Reservations a full refund and reasonable legal fees which to date have not been paid by Mr. Burnett. Mr. Burnett placed the arbitration clause in the contract and when found in breach of contract, he just went out and started up another Corporation to avoid paying the award.

It does not make a difference how many happy customers you have, most may not be aware of the power work completed and followed Mr. Burnett's direction however as by his own admission he stopped doing business under Powerful Impact to avoid paying the award. Which he can easily do again if he is sued by another unhappy customer. I can provide many happy customers as well, how about providing us with all the unhappy customers. He may have thousands of happy customers but how you deal with an unhappy customers shows your true colors.

Lastly to point out, if Mr. Burnett was to provide us with a refund, he could have simply made an offer and sent it out via certified mail. I can assure you this never happened. We requested a refund for $8,000 not $12,000 which he never sent or offered. His only offer was for Mr. **** to eat the loss and move on.

Unfortunately, this is another attempt to tarnish the reputation of Mack Burnett. Neither Mack Burnett personally, Burnett Brands, LLC, Premium Image Makers or Black Business Radio were contracted in any way to do business with Anthony D'Ambrosio or RestaurantReservations.com. These are all completely different organizations that Anthony D'Ambrosio is attempting to associate with Powerful Impact.

We suggest that all clients and vendors do not do business with Mr. D'Ambrosio or RestaurantReservations.com as Mr. D'Ambrosio recorded conversations with Mr. Burnett without Mr. Burnett's knowledge for the purpose of litigation. Mr. Burnett was shocked to know that after working and negotiating in good faith, D'Ambrosio blind-sided Mr. Burnett at the last minute with an attorney after they had agreed to represent themselves in the legal matter. Additionally, Mr. D'Ambrosio brought paid professional witnesses.

Mr. D'Ambrosio of Restaurant Reservations dot com, contracted Powerful Impact to build a backend system for his website. This job was completed and delivered, but Anthony D'Ambrosio refused to ever accept any level of product from that organization. RestaurantReservations.com and Anthony D'Ambrosio received a CD from Powerful Impact with the finished product for his project.

The only reason that legal action occurred was that Mr. D'Ambrosio made monetary demands greater than 50% of the initial agreement. Although, Mr. Burnett agreed to work out an amicable resolution, Mr. D'Ambrosio began legal proceedings. Mr. Burnett and his staff had worked for almost a year for a mere $8,000, Mr. D'Ambrosio attempted to force Mr. Burnett to refund him $12,000 which was more than the original agreement. Mr. Burnett felt and feels that this was unreasonable due to the fact that RestaurantReservations.com took and retained possession of the final work product. Mr. Burnett also is of the belief that Mr. D'Ambrosio not only used the work product to build the current RestaurantReservations.com but had planned to not pay Mr. Burnett from the onset of their business dealings.

Mr.. D'Ambrosio hired an attorney to attack Mr. Burnett and his company. Powerful Impact completed and delivered the project to Mr. D'Ambrosio, but unfortunately, Mr. D'Ambrosio would never accept any level of work no matter what was offered to him. All he would accept was an unrealistic $4,000 dollars more than the original billing.

Powerful Impact is not operating at this time and the entities that Anthony D'Ambrosio references in his posting are not associated with Powerful Impact.

Mr. D'Ambrosio has been harassing Mr Burnett personally for monies due him for a company that no longer operates. Mr. D'Ambrosio has been trying to email, call Mr. Burnett incessantly and instant message him trying to intimidate Mr. Burnett. Although the arbitration did occur, Mr. Burnett disagrees with the outcome of the award and may address the matter further.

Although Mr. D'Ambrosio claims noble intent, this is yet another attempt to tarnish Mr. Burnett's reputation. Mr. Burnett is on the board of charities, donates his time and money to worthy causes. He speaks before children's groups and high school students. He mentor's young people on how to be entrepreneurs.

Upon any verified and reputable request, a list of client's who have worked with Mack Burnett, Burnett Brands, LLC or Premium Image Makers may be provided at our sole discretion and availability.

We would seriously recommend caution when speaking to Mr. D'Ambrosio on the telephone in regards to business as he surreptitiously recorded our phone calls. Also, have a reputable attorney review any documents that are provided, produced or modified by Mr. D'Ambrosio as his insistence to sign every page of an agreement lead Powerful Impact to believe that Mr. D'Ambrosio was preparing for litigation. Additionally, due to our unnecessary and litigious dealings with Mr. D'Abmrosio we suggest steering clear of Anthony D'Ambrosio, Restaurant Reservations or any of the following domains:

RestaurantReservations.com
uasyscomputers.com