From his perspective this was his chance to make it big and he was trying to be cautious not jeopardise his big break and wanted to settle in upswing first before making demands. He didn't want the convo to go like

F: "25% seems like not enough, can I please get some more?"
D: "No, piss off you ungrateful bastard, we'll find someone else"

or something along those lines.

I know it's hard but please try for one second to put yourself in other people's shoes instead of being a moron who takes everything at face value.

Regardless of who is the right/wrong, might not be the most +EV move to sue JNandez. Switzerland is awash with wealthy people who might support him financially, and as far as I remember his dad/family own a large manufacturing (engineering) business, so it might not be as slam dunk a victory for Upswing if doing so partly based on we have more money for top lawyers than you do.

Better for PR and for both people's businesses to settle privately out of court, release a joint statement, have a joint gagging order, and move on.

seems like doug mentioning his lawyers and a potential lawsuit in like 5 different 2+2/reddit/twitter threads is more just trying to intimidate Jnandez into not talking. I highly doubt it would ever be worth trying to sue, especially when it seems they have very little grounds to sue on (doug admitting he didn't read the contract that had a loophole for JN to leave with 3 months notice). Sueing cause JN was making youtube vids / started new training site is fairly laughable too in a poker business context, and even if somehow JN decided to leave his country to go to vegas to partake in a lawsuit and upswing won, no way in hell they profit from it with lawyer fees etc

This is not a great customer service email. It sounds like what the Patriots would send you if you complained to them about the counterfeit $20 tickets you bought on Craigslist.

That is understandable for the first contract but not doesn't explain signing for 30% for the second.

knitting and affiliate marketing brought us to this

https://knittingforprofit.com/knittingaffiliate.html

I'd say they'd probably hire a professional lawyer if the case went to court.

I'm watching JNandez's video. On balance he sounds like an intelligent and honest guy but there are speech constructions throughout the video that give me pause. Statements like "How I came to the idea of creating a membership product, which was definitely my idea, if I remember correctly" (23:20 into video). Not sure if this could be chalked up to English being his second language.

He uses such phrases for anything he says just in case he gets sued.

as he said in the video the 'in my opinion' , ' maybe' , ' if i recall correctly' etc all those out of place sayings were so it cannot be used in a lawsuit vs him





? do you think upswings current lawyer is not professional lol , upgrading lawyers will just make it even less of a profitable adventure

This.

I don't see how saying he definitely did something then saying "if I remember correctly" represents a viable legal strategy. If I say "I definitely saw Billy raping that girl, if I remember correctly" then I'm getting sued if what I'm saying is incorrect.

He is making a joke about "lawyer Fees".

Any lawyers on here able to confirm this?

Seems like it invalidates the preceding claim and I've never heard it used before. It's tedious and silly.

Doug Polk shot JFK...maybe. Could be wrong, but he did kill him if I remember correctly.

Why in the world should Joey have to answer this?? He had a contract with Upswing completely outside of both JN and any of his dealings with Upswing. It's none of Joey's business what JN got paid during that timeframe, and it's none of ours or JN's business what Joey got paid. The implication of the answer to this question is completely unfair and irrelevant.

Joey don't have to answer anything if he don't want.
Community (Or someone individually) is asking questions and Joey can be as transparent as he want to be and reject answer any question.
JN name is completely irrelevant here when someone else ask question and Joey chooses to answer it publicly to all poker community or not.

Anyone can ask anything.

It's relevant because if Joey received more than 1200 for that time period upswing was lying to jnanadez about his compensation.

hmmm.....

Cross posted:

Just finished recording a video. Will be uploading it shortly and will post it here.

Cliff Notes: Upswing does not owe Fernando any additional money. Fernando is also breaking at least a couple of items on our contract with this video. Many of his stories contain untrue elements. Fernando also forgot to mention many stories of him acting unethically.

Seems like this is going to be he said he said, and no one is really going to win.

We get to sit back and judge credibility, which seems entertaining.

No, none of this is your fault. Fernando and your deals were separate. If Upswing came to you and offered 25% on conversions from your affiliate status great. If what JNandez said was true that his 25% came after affiliate payments that's between him and Upswing. That doesn't fall on your shoulders.

Nobody on this forum should be putting any of the blame on you either. Details aside they were separate deals and it's not your responsibility to ensure Fernando negotiated a better deal for himself than Upswing was going to offer affiliates on those transactions.

Crowd watching is biggest winner in whole situation haha

Seem one big Lose-Lose situation for all parties involved except guy who purchased scarfs.