Legal Question in Business Law in Georgia
I'm an affiliate marketer and in live in Georgia. As an affiliate marketer I build web sites that market products in return for a commission. This system or partnerships are managed through affiliate networks like Linkshare.com, CJ.com, or Google Affiliate Network. I made several thousand dollars for one of my advertisers - roughly 8k. The advertiser has decided to fold his business and I haven't been paid my commissions. I contacted the advertiser who owes me the money and he says he would pay the network in installments. I discovered that for the months he owes me March, April, May he did not submit a payment for - he rather made a payment for June. I've contacted the advertiser via email asking why he would skip those months he owes me for but I get no repsonse. I contacted the network and they don't and haven't stipulated what months he should pay first. The advertiser lives in California.
Is it possible to sue him for the amount of money he owes me plus the network for punitive damages for not making the advertiser pay for prior months.
2 Answer from Attorneys
The place to start is your contract and no one here has a copy. You can spend time and money suing but collection is a different question. You may have to sue in the advertisers home state. As far as punitive damages, they are rarely granted in a collection case and what duty did the other party have to collect for you?
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