KVR Audio

sft234 · Post by **sft234** » Mon Dec 09, 2024 6:24 am

microserver wrote: Mon Dec 09, 2024 1:24 am What's mean of MoRs? I saw it many times in this thread.

A Merchant of Records - this is a payment manager that not only handles pure payment (like e.g. PayPal) but collects customer data and handles international VAT. In most cases handling VAT by yourself ich much too elaborate & complicated for a small business (since VAT is specific to the buyers's country and sometimes even region like in the US, so very very complicated), so you need a MoR as sales partner for a tax-legal business

Tone2 Synthesizers · Post by **Tone2 Synthesizers** » Mon Dec 09, 2024 12:03 pm

Warning! If you agree with the upcoming contract 6.4 (January 6th) you will accept "Moving forward, this Agreement will be governed by the laws of the State of Minnesota in the USA".
This might mean that you'll have to go to court in the USA and not Germany/EU. So you will not longer be able to sue them easily as it means excessive costs and effort. It will be much more difficult to get back the money they still owe to you.

Gh65b · Post by **Gh65b** » Mon Dec 09, 2024 12:09 pm

Let's not kid ourselves, they want to set the hurdle so high that hardly anyone can take legal action against them in the USA. What does that mean - they have finally stolen our money! The fact that they have announced a system freeze until 01/06/2024 only confirms this... everything is on freeze until they are in the USA... everything. Then they will have everything and keep it! Greetings from Trump - America first! That's how it is!!

sft234 · Post by **sft234** » Mon Dec 09, 2024 1:47 pm

I don't think that's legal. A German GmbH always acts under German rights, not US.
Most of us here are contracted to the German Digital River GmbH registered in the Amtsgericht Köln.

toha · Post by **toha** » Mon Dec 09, 2024 1:49 pm

Then simply reject the Master Services Agreement and close your account before January: "By continuing to access or use the MyCommerce platform after midnight CET on January 6th, 2025, you will accept the new terms of the Master Services Agreement. "

Gh65b · Post by **Gh65b** » Mon Dec 09, 2024 2:32 pm

But all this does not change the fact that we will never see our money again!

sft234 · Post by **sft234** » Mon Dec 09, 2024 2:46 pm

Na, they won't get away with this - we'll take them to court

Gh65b · Post by **Gh65b** » Mon Dec 09, 2024 2:49 pm

I'm interested in joining, but how and with what financial risk?

Tone2 Synthesizers · Post by **Tone2 Synthesizers** » Mon Dec 09, 2024 2:52 pm

sft234 wrote: Mon Dec 09, 2024 2:46 pm Na, they won't get away with this - we'll take them to court

You can only properly take them to court in Germany if you have quit your contract before January 6th 2025. Because with contract 6.4 you will accept "Moving forward, this Agreement will be governed by the laws of the State of Minnesota in the USA".
After this you will not longer be able to sue them easily and it means excessive costs as you must go to the USA. It will be much more difficult to get back the money they owe to you.

sft234 · Post by **sft234** » Mon Dec 09, 2024 3:26 pm

I doubt that this is legal - this is just an attempt of intimidation to keep attemps of legal actions against them away. A german GmbH listed in the Amtsgericht in Köln Germany acts under german law, not US law.

Most devs here are contracted to Digital River GmbH / Cologne, not an US-company.
Even when the german sub-company was bought by an US-owner it still acts under german law.

ssec · Post by **ssec** » Tue Dec 10, 2024 2:16 am

It's clear that they run out of money now to pay anything out to publishers.
I don't know what happens now - but DR are finished. There will be not one single post on social media that will not be commented on by publishers asking for their money from now till the end of the world.

SWRd · Post by **SWRd** » Tue Dec 10, 2024 3:08 am

Is somebody else got "Payment Advice Note" email from DR today?

Tone2 Synthesizers · Post by **Tone2 Synthesizers** » Tue Dec 10, 2024 8:27 am

No. Which month did it refer? Can you please post the content?

sft234 · Post by **sft234** » Tue Dec 10, 2024 9:31 am

SWRd wrote: Tue Dec 10, 2024 3:08 am Is somebody else got "Payment Advice Note" email from DR today?

No payment notice by email, but on our bank account I just saw they finally paid the September period this morning - minus all the crazy support and platform fees of course...

HSchoenb · Post by **HSchoenb** » Tue Dec 10, 2024 9:57 am

Tone2 Synthesizers wrote: Mon Dec 09, 2024 2:52 pm You can only properly take them to court in Germany if you have quit your contract before January 6th 2025. Because with contract 6.4 you will accept "Moving forward, this Agreement will be governed by the laws of the State of Minnesota in the USA".

Hmm, I did not receive any email that the contract will be changed again.
And my account was terminated, so I cannot access any new contract.
Does the contract still state that the contract is with "Digital River GmbH" or some US company?

Anyway, I will execute the judicial dunning process ("gerichtliches Mahnverfahren") via a lawyer now.

And if their support statement
"Please note that your MyCommerce account was terminated. You should receive an official communication from Digital River Legal representatives within the coming weeks"
means that my contract was terminated, then they have 2 months to process all my payments.

Because as long as the contract is running, they can hold my funds forever ("reasonable time", so whatever excuse they can think of).
"5(f)Reserve: Digital River may determine to exceptionally holdback some or all of the money that is in your account if Digital River has reason to believe that it might be necessary to cover future refunds... will only holdback those amounts which are reasonable under the circumstances"

But if it was terminated, then they have 2 months left for refunds:
"6(c) For a period of two (2) months following the expiration or termination of this Agreement, Digital River shall provide access to reporting through the Administration Interface and shall continue to provide returns processing as set forth in the Agreement"

Alternatives to ShareIt/MyCommerce/Digital River