Thursday, August 16, 2007

TEAM: Letter to Quixtar and IBOAI

Letter to Quixtar and IBOAI

August 17, 2007

QUIXTAR, INC.
5101 Spaulding Plaza SE
Ada Twp., MI 49301

NORTH AMERICAN FOUNDERS COUNCIL
c/o QUIXTAR, INC.
5101 Spaulding Plaza SE
Ada Twp., MI 49301

INDEPENDENT BUSINESS OWNERS ASSOCIATION INTERNATIONAL
220 Lyon St. NW
Grand Rapids, MI 49503

Gentlemen:

I am writing on behalf of TEAM, the d/b/a for Signature Management Team, LLC in connection with your campaign of threats, intimidation and falsehoods against us and against independent business owners ("IBOs") who do business with Quixtar. That campaign includes communications through broadcast emails, website postings and individual email, telephonic and facsimile communications. Such communications, include without limitation the following:

· Email sent on August 9, 2007 to "Team affiliated IBOs," a copy of which is attached hereto as Exhibit A;

· Email sent on August 10, 2007 to "IBOs affiliated with Team or using Team training," a copy of which is attached hereto as Exhibit B;

· Email sent on August 11, 2007 to "Qualified Platinums and above," a copy of which is attached hereto as Exhibit C;

· Email sent on August 14, 2007 to "titled "Message from Quixtar, North American Founders Council and the IBOAI Board," a copy of which is attached hereto as Exhibit D;

Pursuant to M.C.L. 600.2911 (the "Act"), we hereby demand that you publish a retraction, in the manner and within the time specified in the Act, but not later than 5:00 p.m. EST on August 18, 2007 (the "Retraction Deadline") of the false, misleading, defamatory and disparaging statements (the "False and Defamatory Statements") made by you and/or on your behalf in those and similar communications. We make the same retraction demand with respect to any similar communications made by you or on your behalf which are of the same tenor, purpose or effect relating to us or any of our members or affiliates.

Pursuant to the Act, if retractions satisfactory to us are not made by the Retraction Deadline, we will assert all rights provided for in Section 2(b) of the Act and otherwise under state and federal law, including our rights under the Lanham Act. In addition, we reserve all rights to seek damages for all losses caused by the False and Defamatory Statements.

We hereby demand that you cease and desist from any communications that include or refer to False and Defamatory Statements and from your campaign of threats, lies and intimidation that interfere with our contractual relationships and business and economic expectations.

It is clear that the False and Defamatory Statements and your communications to IBOs are simply one more initiative in your program to use the prestige and power of Quixtar and its affiliates into acting against the IBOs' independent interests for your sole benefit. It is extremely disappointing to many who have been loyal partners of Quixtar to see Quixtar's willingness to violate its own rules to harass and intimidate IBOs.

We would have preferred to permit our dispute to have been resolved in the action pending in California. However, your outrageous statements have left us no alternative but to attempt to correct the record so that IBOs will have complete and accurate factual information on which to base their independent business decisions.

Very truly yours,
Robert L. Dickie, III
CEO, TEAM

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1 comment:

Ed Manley said...
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