Invention Promoter's Name: Synergy Consultants Inc.

Complainant's Name: Jerry Oakes, CEO Synergy Consultants

Response:

DT:   6/25/04
TO:   Mr.... John Doll, Acting Commissioner for Patents
FR:   Jerry Oakes, CEO Synergy Consultants
RE:     COMP_ID: 70015864

Rebuttal To Complaint Number 1483253 By Ms. Maria L. Santorello:

Please be advised as follows:

• EXHIBIT A - A chronological history of communications with Ms. Santorello
• EXHIBIT B letter Agreement dated May 9, 2003 for a mutually agreed to pay schedule for $5200 for services. This agreement was breached in November 2003 with only 4 payments having been made. We completed the work per the Agency Agreement attached
• EXHIBIT C Agency Agreement in which Ms. Santorello indemnified Synergy Consultants from any and all claims for services rendered up and until the date of the Agency Agreement. Said agreement was dated May 20, 2003 by Ms. Santorello. See paragraph 12
• EXHIBIT D request for a formal note to be signed
• EXHIBIT E August 27th 2003 a letter with a formal note was sent to Ms. Santorello
• EXHIBIT F copy of the formal note signed and dated by Ms. Santorello on September 2, 2003
• EXHIBIT G A copy of Synergy Consultants check registry showing Ms. Santorello made only four payments on the Promissory Note and defaulted in November 2003
• EXHIBIT H copy of progress report sent to Ms. Santorello as progress was being made, this is summary of multiple progress reports dated from 1/30/2004-3/18/2004
• EXHIBIT I email to Ms. Santorello stating her phone had been disconnected and we could not reach her.
• EXHIBIT J letter to Ms Santorello we were unable to reach her by phone due to her number being disconnected and to please call as we had identified an interested buyer.
• EXHIBIT K email to Ms. Santorello stating we were shocked she had circumvented us with the potential buyer and violated our written Agency Agreement.

NOTE: The conversation with the potential buyer concerning Ms. Santorello’s circumvention was recorded and is available.

CONCLUSION: Ms Santorello has not paid Synergy Consultants the $5200 for services rendered. She defaulted after paying only $950 toward the Promissory Note. Synergy Consultants completed marketing research for Ms. Santorello, which she was happy with and indemnified Synergy Consultants for said research in paragraph 12 of the Agency Agreement (EXHIBIT C) dated May 20, 2003. We identified and were in negotiations with a potential licensee when Ms. Santorello circumvented our firm. She has no basis for her complaint. I urge you to have her send documentation to support her allegations and reasons for requesting monies paid before May 20, 2003. If said documentation is not forthcoming, I pray you continue to keep our record and good name untarnished by those who would try to obtain monies, by threat of turning us into the BBB.

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