Have you received your Simply Toys money back yet for cancelled XM products??

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So many definitive answers here. I must be the only one who doesn't work for XM and have a copy of their licensing agreement. If all this is true, then XM better get cracking down on all those people selling their statues on eBay.

I've never seen a licensing agreement that made a company responsible for 3rd party sales.
 
So many definitive answers here. I must be the only one who doesn't work for XM and have a copy of their licensing agreement. If all this is true, then XM better get cracking down on all those people selling their statues on eBay.

There is a difference m8. The difference being is IF XM gets the hint that one of their official distributors is selling their product illegally they are suppose to shut it down, and those official distributors are not to ship products to official freight forward sites.... So yes I you have family or friends in one of the 4-5 approved areas yeah you are lucky, but yeah that is one of the only reliable ways short of eBay.
 
There is a difference m8. The difference being is IF XM gets the hint that one of their official distributors is selling their product illegally they are suppose to shut it down, and those official distributors are not to ship products to official freight forward sites.... So yes I you have family or friends in one of the 4-5 approved areas yeah you are lucky, but yeah that is one of the only reliable ways short of eBay.

I got ya, Spidey, but if you go back to the beginning of my comments, none of them had anything to do with Simply Toys or official distributors. That's why I even wrote that XM's real problem was that their official distributors were shipping product out of the license area.
 
Yea, seemed to me lucifixion was talking about personal third party individuals selling XM product...hence ebay sales. There is literally NO WAY for XM to control those sales and would be a pretty ridiculous reason to shut them down. XM official distributors selling to the US have been warned and shut down...so that is a non issue.
 
So many definitive answers here. I must be the only one who doesn't work for XM and have a copy of their licensing agreement. If all this is true, then XM better get cracking down on all those people selling their statues on eBay.

I've never seen a licensing agreement that made a company responsible for 3rd party sales.

First, you don't have to have seen their specific agreement to know what the standard language in a licensing agreement is. They all have very similar main points. I've seen dozens of marvel and and DC licensing agreements. For everything from statues to retail toys to plastic cups. But even if you don't believe any of that...XM has stated publicly that this is the issue. They have a whole section over at statue forum. And have explained it. Here's a quote from one post...

"Firstly, about returns or issues found on products - we do take this very seriously. Every time a piece is found not up to standard means a lapse in our QC which we will review and improve. However, with the recent crack down on XM selling out of our approved zones, we are tasked by greater powers to manage our distributors and resellers better so we need to know who the original buyers/sellers are. "

As you can see they got busted for not doing what they where supposed to be doing and it cost them. And it is their responsibilities to ensure their products are not sold commercially to outside regions. It's one of the main components of a licensing agreement. Otherwise only one company would get the license and if they do didn't sell world wide oh well. This way each region is represented in some form. Better for the dealers and manufacturing and better for the licensees.

As for eBay sellers..the standard p2p sales are not an issue. But any dealer that is selling can effect XM. And they can track it easily enough. They know which SN went to which retailers. And from there the buyer is recorded. If any person(or shop) is buying large amounts to resell it is xm responsibility to ensure they are sold in region, or refuse the sale. They won't catch them all. Might not catch many. Doesn't mean they can't get slammed for it.

As for your response about your original post being about something else..that's fine. But you added or changed the topic later. You replied to me and another person, even if it was indirect, and questioned our responses about how we know about the agreement and then threw in that eBay thing. That's why it was brought up in responses, no matter what the content of previous posts was.

I don't see the problem with any of these solutions from an XM business standpoint. As long as an approved address is the recipient of the item, nothing wrong or even shady has occurred. It's no different than buying them from Singapore sellers on eBay. Billing address is meaningless. It's all about where possession is taken of the product, and in all these cases, that would be in an approved country. Their is nothing in these licensing agreements forbidding 3rd party import/export.

And you seemed pretty definitive in that initial post you brought up. Like you knew what was in the licensing agreement . Which is what I originally responded to. And as I said, you where mistaken. The agreement will have language that requires them to monitor 3rd party sales to make sure no one is circumventing the agreement. It's standard in licensing.
 
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First, you don't have to have seen their specific agreement to know what the standard language in a licensing agreement is. They all have very similar main points. I've seen dozens of marvel and and DC licensing agreements. For everything from statues to retail toys to plastic cups. But even if you don't believe any of that...XM has stated publicly that this is the issue. They have a whole section over at statue forum. And have explained it. Here's a quote from one post...

"Firstly, about returns or issues found on products - we do take this very seriously. Every time a piece is found not up to standard means a lapse in our QC which we will review and improve. However, with the recent crack down on XM selling out of our approved zones, we are tasked by greater powers to manage our distributors and resellers better so we need to know who the original buyers/sellers are. "

As you can see they got busted for not doing what they where supposed to be doing and it cost them. And it is their responsibilities to ensure their products are not sold commercially to outside regions. It's one of the main components of a licensing agreement. Otherwise only one company would get the license and if they do didn't sell world wide oh well. This way each region is represented in some form. Better for the dealers and manufacturing and better for the licensees.

As for eBay sellers..the standard p2p sales are not an issue. But any dealer that is selling can effect XM. And they can track it easily enough. They know which SN went to which retailers. And from there the buyer is recorded. If any person(or shop) is buying large amounts to resell it is xm responsibility to ensure they are sold in region, or refuse the sale. They won't catch them all. Might not catch many. Doesn't mean they can't get slammed for it.

As for your response about your original post being about something else..that's fine. But you added or changed the topic later. You replied to me and another person, even if it was indirect, and questioned our responses about how we know about the agreement and then threw in that eBay thing. That's why it was brought up in responses, no matter what the content of previous posts was.



And you seemed pretty definitive in that initial post you brought up. Like you knew what was in the licensing agreement . Which is what I originally responded to. And as I said, you where mistaken. The agreement will have language that requires them to monitor 3rd party sales to make sure no one is circumventing the agreement. It's standard in licensing.
I'm not going to argue with you because you obviously have an ax to grind, but first of all, none of my comments were about official distributors even if you want to read it that way. And my "definitive" statement was about something as simple as the sky is blue, unless you want to argue with that too. If you've seen similar agreements and know the standards, you would know that everything you described were 2nd party sales, but, yeah, nice try. And that quote you posted from XM says nothing about 3rd party sales no matter how much you want it to.
 
I'm not going to argue with you because you obviously have an ax to grind, but first of all, none of my comments were about official distributors even if you want to read it that way. And my "definitive" statement was about something as simple as the sky is blue, unless you want to argue with that too. If you've seen similar agreements and know the standards, you would know that everything you described were 2nd party sales, but, yeah, nice try. And that quote you posted from XM says nothing about 3rd party sales no matter how much you want it to.

I think you are probably stretching the meaning of 3rd party sales a bit, which is where the confusion you two are having lies. Ones and two's from individuals, sure, but that is not the type of 3rd party sales that got XM into trouble. Heck, are there more than 5 XM Magnetos's left in Asia? :lecture
 
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