2. What rights does AML have to cancel the agreement with VMC - specifically if VMC fails to meet deadlines/performance targets? It's pretty critical that this crystal clear if the two entities are managed by the same team - otherwise conflict of interest issues could easily arise.
3. Further to 3. can you confirm that if VMC fails (to a large extent) to meet deadlines/performance targets then AML WOULD cancel the contract and look for alternative sourcing?
4. If VMC fails to deliver in a reasonable time-frame is there any assurance that they would be able to refund AML the pre-order funds?
Where two entities run by the same team interact AND take outside investment it's absolutely key that all interaction between them is precisely defined in advance.
More general questions relating to VMC:
Obviously VMC needs a certain amount of capital to produce the ASICs. You've indicated that it may be seperately listed.
1. Would VMC be able to produce the hardware with ONLY the pre-order cash from AML (plus whatever cash you already have from other sources for it)?
2. If the answer to 1. is NO then what happens if VML fails to raise sufficient capital? What percentage (roughly) of necessary capital does the AML pre-order funds represent?
3. If the answer to 1. is YES then why would you need to float VML?
+10
Great post Deprived.
I will be creating a contract between AMC and VMC that will protect the investors of AMC and be fair to VMC.
I will post the proposed contract here in this thread. The contract will be executed as soon as AMC has funding.
Sight of the contract between AML/VMC (and any undertakings given by VMC in respect to ability to refund preorders if VMC fails) is essential for potential investors to make any sort of informed decision on the extent to which the pre-orders with VMC have value in the event of VMC encountering difficulties. Contracts such as this particularly need to be disclsoed in advance where there's a potential conflict of interest (which there obviously is if you're acting on behalf of both parties) - as a clear contract is what stops any such conflict arising in practice. That's also why, of course, not only is the contract needed but an explicit answer to my question 3 (which can only be given once the contract is published) - so that the decision about when a refund would be requested is made now rather than having to be addressed later when there'd be an enormous conflict of interest (as it would NEVER be in VMC's interest for AML to cancel the pre-order).
See https://bitcointalksearch.org/topic/m.1979322 for answers to the concerns above.