The Pellucid Perspective - October 2012 - (Page 9)

WEB DOMAINS Don’t sign away your web domain Courses urged to be sure domains not held for ransom By Harvey Silverman I n the April, 2012 edition of the Pellucid Perspective we in writing) between the facility GM and several CourseTrends wrote about the discovery that many golf facility owners do personnel. In each succeeding email, CourseTrends exposed not own their own web domains, and at the time cited web- more and more of their questionable business practices. First, site provider CourseTrends as one which owns many of them. CourseTrends made the case that the agreement entitled them A recent incident with a new Pellucid Sharper Edge Marketing to two tee times a day for 36 months, and offered to break the client shines a bright spotlight on why this business practice is agreement based on a “monthly cash value” of $495. With a dangerous and costly, and also points out how signed “agree- courtesy 15% discount, a one-time payment of $13,844.75 ments” may not be in the course’s best interest. would be accepted as compensation. Along with this demand Our new client, a multi-course facility in Michigan, had a was this statement in their email: “There is no out in the agreebarter arrangement with CourseTrends to provide its website ment for convenience.” (Red flag no. 3) and email engine. CourseTrends sold the barter rounds on its The GM asked two questions. Who benefits from this “conGolf 18 Network, using the course’s own email lists (without venience?” And, where in the “contract” is the $495/month valexpress permission) to sell the barter rounds to the course’s ue stated? CourseTrends pointed him to their Terms and Conown customers. Customers also received solicitations to buy ditions web page (nothing found there), and to their website rounds at other area courses (red flag No. 1). pricing page (not there at all). Our client had a desire to expand its If this wasn’t bad enough, it was discovThe owner did a email marketing and thus its market reach, ered that the course web domain was owned wonderful Tommy especially as it launched a fall membership and controlled by…CourseTrends. This happrogram. We advised that we could procure pened without the GM’s or owner’s knowlBolt imitation and for them a qualified and quantified email edge or permission. The owner did a wonangrily demanded database of third-party, opt-in area golfers derful Tommy Bolt imitation and angrily (a Pellucid service through a large direct demanded that his property, the course web his property, marketing vendor), but that importing it domain, be returned immediately, promptthe course web into the CourseTrends email engine would ing another quotable response from Courexpose the list for CourseTrend’s use. The domain, be returned seTrends: “On the domain issue, we want course was already experiencing an above the course to address and resolve the obligaimmediately... average number of “unsubscribes,” presumtion before evaluating the domain transfer. ably because customers tired of the constant Nowhere have we asserted that we will not barrage of Golf 18 Network emails; and the transfer the domain.” This flies in the face procured list has a restriction of mailing no of CourseTrends’ President Alan Stalcup’s more than once a week which would be jeopardized by expos- statement to us for a previous article that he felt it is a best ing it to CourseTrend’s use. We advised that the client would business practice for the course to own its own web domain. be best served to sever its agreement with CourseTrends and Picture Liam Neeson in “Taken” exploding in anger after contract with another golf website and email provider. This reading that, and you’ll know what the owner felt like. prompted a chain of events that were both startling and reBut along with the above quote in the same email was a new vealing. offer to break the agreement: $1500 if paid within a defined The facility general manager had signed a 36-month “con- time period. That’s a long way from the nearly $14,000 demandtract” in May 2012. We place “contract” in quotation marks ed originally and indicated that CourseTrends may have found because it is mostly blank paper with the following line as the themselves in a position of weakness. So why would ownerkey stipulation: “By signing this form (note: not “contract”) I ship and the GM agree to pay anything at all? Because in their agree to the CourseTrends Terms and Conditions as stated on own mea culpa, they admitted to succumbing to a bad business the website and agree paying the selected service plan fee:” A practice and signing something that was vague and incomplete, copy of these Terms and Conditions was not included with the and not performing adequate diligence before doing so. Their signed form (red flag No. 2). The obvious question is what’s to ultimate objective of regaining ownership of their web domain stop CourseTrends from unilaterally making changes to their and extricating themselves from CourseTrends grasp without web-page posted policies? having to engage the jaws of life (an attorney) could be attained What followed was a series of emails (keeping everything if they were to pay. They offered $1000, and CourseTrends acThe Pellucid PersPecTive www.PellucidcorP.com 9 http://WWW.PELLUCIDCORP.COM

Table of Contents for the Digital Edition of The Pellucid Perspective - October 2012

The Pellucid Perspective - October 2012
Contents
Pacific Links – golf ’s new kid on the block
Which markets will recover first? A guide to supply absorption patterns
Moving forward, in different directions
Don’t sign away your web domain
September golf weather impact: Stayin’ alive
Growing Nashville market holding its own
Cordillera to be sold by year-end according to mediation decision
Trick or treat!

The Pellucid Perspective - October 2012