Although some people may say this post is premature, I believe, with 3 weeks to go, that members of the NPGMC have had their fill for this year. Sure, a surprise track might appear, maybe to soften the arguments and complaints, but a posting of an additional CD is highly unlikely.

This is a long post, but please take time to read it. Its important to many of us.

It is quite obvious to all that there is a great difference of opinion on the org, as to whether NPGMC delivered a good service in Year 2. Although my objectives will probably fail, I am going to attempt to nail the topic once and for all.

Firstly, we need to look at Year 1. Did it deliver? (In all cases, I am going to quote NPGMC , as I still have the screens and emails for year 1 and 2)

I think, after the issues in Year 2, that the majority would conclude that Year 1 was fairly successful, with plenty of new music and videos. Whether you like the music or not, it does not matter. The content was delivered, in a fairly timely manner each month.

However, there were big issues with year 1, and when trying to pinpoint these issues, the split in our views appear.

At this point, I don’t want to take sides, but here are facts, which we cannot escape.

1. Year 1 advertised, claiming there would be a “2001 World Tour”. Judging by the huge member attendance on the European tour in 2002, its fair to say that there are many, if not more Non-American members, as American. This would make sense if you consider that the vast majority of Prince’s sales have come from “overseas” since 1986. For this huge percentage of fans, the tour was not delivered.

2. The club made a big deal out of the “Exclusive” download of the Rainbow Children. When it arrived, it was deliberately given in a lower sound quality, to encourage members to buy the retail version. So in fact, it could only be viewed as a try before you buy, as the original email promised “CD quality” music.

3. The first sign of misrepresentation reared its head in the form of some of the tracks available to download. We began to receive downloads from artists we may not have cared for, or in the worst instances, songs already owned, such as Horny Pony.

4. The final month of the club was actually used to advertise Year 2. In effect, we got 50% of the exclusive tracks from year 2 early, and a teaser for a “Madrid 2 Chicago” album, which has to date, has failed to appear.

Many people may feel they got a good deal in year 1, however, to a great many, the service failed. These people and their “negative” views and comments have a genuine grievance, they should not be put down or categorised as “nay sayers”.


So what did Year 2 promise?

Firstly, we have to understand why I am going to use words like “promise”. The NPGMC did not use the word, but I am using it, against the context of their offer, and the definitions in the English language:

Promise - A declaration that something will be done or given
An express assurance on which expectation is to be based

And the most important reference to “Promise” - To afford ground for expectation.

Therefore it is reasonable to expect delivery, based on the NPGMC statements:

“From the 4thcoming album Madrid 2 Chicago”
“From the 4thcoming piano album One Nite Alone”

These albums were “implied”, within the same month that the year 2 renewal arrived. It could be argued that they were not promised in 2002, however, if they were not intended, then the style of communication was to mislead, at a time when they were encouraging renewals.

The club has made many statements, within the three original renewal emales, the web site, the ORIGINAL contract and the advertisement with the Tour, that we would receive:

“At least 4 new CDS, just like ones offered in retail stores, that will b mailed 2 u directly thruout the year from Paisley Park”

“The members-only retail section will b xploding in 2002 with new merchandise including new music, videos, instruments, and npg gear”

“Prince & The NPG will take the stage all over the world in 2002”

“Once again, u will b given members-only oppor2nities 2 get the best seats in the house on Prince's upcoming world-wide tour.”

“NPG Emale Mailing List will have all the latest newz first”

“Surprise downloads”

“Xclusive music”, then “Xclusive music, delivered 2 U first”

“The upcoming, improved NPG Chatroom will b THE place 2 chat with the NPG from time 2 time”

“One nite Alone – The Xclusive new Prince Demo CD, available only through NPG Music Club”

“CDs, Including Xenophobia, The Last December and The best of O+>”

“Xenophobia” coming 2 a monitor near U!”

Firstly, lets clear up the word “Exclusive” as it seems to have caused so much debate

Exclusive – “limited to the object or objects designated”
“Shutting out all others from a part or share”
“Noting that in which no others have a share”
“Admitting only members or very carefully selected group”

Places like MTV may use the word "Exclusive", when premiering a video, however, they are not using it with the context of it actual description. They are using the word, in an attempt to create a feeling of uniqueness. This is fine (although incorrect), as they are not asking anyone to financially commit, or sign a contract.

However, the club used the word “exclusive” twice in the original contract. The have attempted to give themselves a get out clause, giving them no obligation, allow to change etc, however, there are two big points at issue here:

1. They cannot make a considerable change to a contract, without informing the customer, in writing of the change.
2. Without written notice, they are bound to honour the original contract, unless they can prove the change had no significant impact of the consumer.

Its it also important to point out the 4 CD were described as “like” the ones that go to retail. This means “similar”, but NOT the same. This is misleading in itself.


So what did many people expect?

At least 4 CDs throughout the year?
Madrid to Chicago?
Xenophobia?
The Last December?
The Best Of O+>?
Exclusive downloads?
New music to buy?
New Videos?
The latest news first?
A chat room, with the band occasionally?
A tour in your area of the World?
Exclusivity?

If you got all of these, then you are right to praise the club and its delivery. To You.

If you got all of these, and others did not, the club did not delivery to everyone.

If you did not get all of these, you may still be happy, but have no right to criticise ANYONE, who speaks ill of the club, as it did not deliver on it promises or implications.

One important thing to remember is that the NPGMC is a business. Despite their attempts to call it an “Xperiment”, it is simply an E-commerce business, of which thousands exist and deliver successfully.

If you are one of the fams who believe they are taking part in a wonderful experiment, and supporting Prince, ask yourself the following questions:

1. Why do you have to sign up to a contract if it not a business?
2. Why is the merchandise sold with margins in excess of 200%
3. Why were the tour tickets 100% more than the venue average price?

Also ask yourself why clear communication is not allowed in the experiment.

The type of answer “Well, you are a fool because you know what Prince is like” does not hold water. Many people signed up, after seeing a clear advertisement in the tour program, promising many named albums. Prince spent a portion of nearly every show promoting the club.


Ok, so where am I heading, and what am I getting at.

Whether you were pleased with what you got or not, the club did not deliver its stated objectives and promises.

The supporters of Year 2 seem to fall into two major categories.

“Prince can do not wrong, so I’ll take what bone I am thrown”

or

“I got a good deal this year, so stop moaning”

If you fall into either of these categories, they you are actually contradicting the whole ethos of the NPGMC.

One.

The Truth.

Love4oneanother.

Lets say BOB (made up name!) lives in Chicago, got to see a few shows, got sound checks, got after show performances, got access to the Celebration, and got his CDs in a timely fashion, he is in a minority.

What about BILL (again, made up), lives in Sydney, joined in May, has not yet seen one CD, and had no tour?

Shouldn’t the true fan stand up for BILL and attempt to change the club for everyone?

Isn’t the whole ethos of an “Exclusive” club actually a form of segregation?

How can the music be free, when you cage it?


Me? I got my ONA CD, my DOW CD, my ONA Live CD, several concerts, 4 soundchecks and two aftershows.

Am I happy? Fairly, if I was to look at it selfishly. But a lot of people have every right to be upset, and I for one want to try and help them, so the club, can improve for all of us.

Prince is attempting to run his own business. So far he has failed to deliver to a great many. The best way to help him is to join together as one voice, even when the feedback is negative. Its often the only way to turn it into positive action.

I believe the main reason he has failed to date, is too many fans have come to expect sub-standard product and service, and believe taking action will upset Prince.

This is causing the problem.

What would I like to see?

A free club, with a retail section, allowing us to buy whatever we choose. Simple.

Or

A pay club, which clearly states its intention.

I for one, want to join in year 3, but I will hold out, join forces as such, to gain a better deal.

If we all did this, we could have a club to be proud of.

I am sure, there will be some who will say, “hey, he delivered for me, so Fuck you”. These people act against the very nature of the NPG message.

Most of us will probably not see a tour in our town next year, but even if we did, it could be pot luck.

To those who were pleased in year 2, hold back renewal, ask polite questions of the NPGMC, as to what we will get in year 3.

To those who feel aggrieved, ask polite questions before deciding to walk away.

To those who have not joined at all, join in, requesting clarification, and sign up when we get it.

If enough of us do it, we will change it.

Even if the club decides to fold, we will see CDs and shows. Its in Princes blood.

We need to ask:

Will Prince tour this year and where?
What CDs will be available this year?
What content in unique to the club?
What extras might we expect?
Are the previously mentions projects shelved?
WHEN will we recieve the above items.

Of course we won't get all the answers we want, but the dollar speaks loudly, so we have a voice.

Superbly put. I agree with you almost entirely. If enough people decide to just walk away the club is finished. On thee other hand, every one could band together and try and make it a better club for all.
Knowing the lil' man though, I think its probably just pissing in the wind...

Touche! Some sense at last!

I don't intend renewing, but I'll do so if we can get better commitment.

For me the communication failure is the most irritation thing. Some people seem to forget, thats a major part of a good business.

I just want the Park to stop treating a great deal of fans with no respect.

Well said Nate.

im going 2 email npgmc 2 applaude them on their great job this year, do u seriously think that prince can go 2 every city in every country in the world just to satisfy every single fan!! its impossible! apart from the tour every member got the 4CDs!

would ppl stop talkin about the tourbook titles as this was not what u paid 4 u paid 4 what it says in the contract on the npgmc site which states 4 cds!!!

u got ona
u got ona live which was essentially last december
u got xenophobia celebration

u got everything!!

All future squabbles should just link directly to this.

Very thorough and well written.

Thank you thank you thank you.



And if FunkyBrotha can read all those big words, im glad he read it too.
[This message was edited Mon Dec 9 16:20:54 PST 2002 by Tom]

hi again tom, u look like a britney fan!!

do u know anything bout real music!

FunkyBrotha said:

I for one would like to see things put right, I'm sure you would too.
[This message was edited Mon Dec 9 16:38:09 PST 2002 by SquirrelMeat]
[This message was edited Wed Dec 11 6:13:12 PST 2002 by SquirrelMeat]

NATE RULES!!!

there wasnt twelve conditions that had 2 b met in the contract, most of the points u made r made up, they dont exist as part of the contract between the customer and NPGMC!

the contract did not say, "there will b a world tour, the 6 billion ppl on the planet will have easy access to every venue, we will send u tickets no matter what and fun will b had by all"

oh and 2 all the aussie fans "dont worry, we'll even play in the middle of the bush fires, after all, the contract means we have 2"

well...

Nate said:[quote]
[This message was edited Mon Dec 9 16:35:14 PST 2002 by rdhull]

FunkyBrotha said:

Each clause does not need to be seperated in a contract if it is contained in "The Offer". "The Offer" can refer to any form of advertising.

The COMPANY have to state if they have changed the offer, not leave it to the customer to work it out.

Do you work for NPG or something!?

well put.

no im a law student i know what im talkin about and u stupid americans, who sue left right and centre when they know they arent gonna win are crazy!!

u know that whatever npgmc says they r covered, i.e. they are operating within the law, u r just a dissatisfied customer who just likes moaning but u got what u paid 4! unless of course u dont get the cd's!

even then the courts can only force npgmc 2 give u the cds by a certain date!

the tourbook page was not an offer, it was "an invitation to treat" look at it again look at the wording! it says join the npgmc and access these cds! it doesnt say u will receive these cd's in 2002 4 $100, and u will receive 1 every 3 months and they will b exactly as described in that page??

FunkyBrotha said:

OK, I quote "join the NPGMC and access these CDs"
As I understand it, membership lasts for a year and time is almost up, so how have the members who joined "to access these CDs" actually "accessed" them? you seem to be oh so more reliably informed than the rest of us. Please explain your post.

FunkyBrotha said:

Actually, there are grounds on which they have broken the law, but you are right, nothing will come of it because, they'll cough up in the end.

But that is crap business practice, and becasue you are alright, you want to pat them on the back.

Somethings will have to remain in the imagination...

...Santa Claus being real..
...Rangers and Celtic surviving in the English Premiership...
...The NPGMC communicating properly...

FunkyBrotha said:

I think thats the point M8

the npgmc is not about conformity anyway, prince is a rebel, a non-conformist, despite what ive said, "business" and music dont mix, but there has to be some way of getting the music 2 the fans and the NPGMC is doing that, if u dont like it, do as they say, go away!!

Nate - I commend you for taking the time to write the most intelligent, thought-provoking, and fair assessment of this situation.

After reading that, I almost want to consider joining the NPGMC, but only if some major changes are made.

Thanks for posting that!

FunkyBrotha said:

It does mix actually, its called the "music business", you should know it well as its the business Prince and the NPGMC get their pocket money from.

FunkyBrotha said:

oh god, here we go, whenever a fan gets pissed off with prince u get the, "it was better with warner bros"!! dont pull that one out the hat coz u know fine well the music business is a mess, there isnt one decent act left, theyve even tried 2 get rid of mj so would u like prince 2 do that great duet with britney??? or would u prefer ona live???

FunkyBrotha said:

Could you please explain the post you made a little earlier please? The one I asked about?
Thanks

FunkyBrotha said:

FunkyBrotha said:

Invitation to treat is only applicable before money has passed hands.

In accepting payment, NPGMC have entered into contract. So Invitation to treat is no longer applicable.

However, unless NPGMC withdrew its advertised offer, or limited its availiblity, then it is contractually obliged.

like i said the contract was fulfilled after the delivery of 4 cds like it says on the JOIN PAGE OF THE FUCKING NPGMC!! they deliver the 4CD's obligation fulfilled, it doesnt matter about the title of the 4CDS as long as u get 4CDs which everyone will get!! prince would just say in court that he changed the title of the release but the material contained within was the same there4 he fulfilled his obligation in every sense!!

do i really need 2 explain this like 10 times b4 u get it!

FunkyBrotha said:

I totally agree with you there!

For me it comes down to 2 different issues.

1) Did NPGMC deliver on what they advertised?

2) Do I feel my $100 was well spent?

The answer to the first question is clearly no and has been well documented on numerous posts, similar to the one above. Whether or not we can prove any breach in contract I don't know...but certainly there was misleading advertising.

still...

I would say that the ONA concert experiences, two awesome aftershows that I had the luck of seeing (NYC, Buffalo) having an opportunity to talk with Prince, plus the CD's were worth the money to me. I understand that not everybody had these experiences...but from MY PERSPECTIVE, the club was worth my money.

So the 3rd question is...would I spend money for Year 3? Definately yes if Prince toured again, since that was the best benefit this year. If not, I probably would anyway cuz' I'm a sucka and want to support the man.

the invitation to treat was the "join the npgmc and u will receive 4 cds" u pay the $ it becomes a contract i.e. they have 2 send u 4cds, u get 4cds contract complete, fulfilled finito, done! what more do u want??