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CommentaryMatterport Capture Services ProgramMatterport Competes with MSPsMatterport Kerfuffle

Matterport Capture Services: Dan Smigrod Recommendations | Part 111551

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Matterport Capture Services: Dan Smigrod Recommendations | Part 1

Hi All,

At 11 am ET this morning (Friday, 17 March 2020), some or all of the 5,000+ Matterport Service Providers will receive an invitation from Matterport to apply for its Matterport Capture Services program officially announced in a Matterport webinar yesterday.

If you meet the eligibility requirements - own a Matterport Pro2 3D Camera, have processed a minimum of 20 Matterport digital twins and live within 35 miles of large city centers of Matterport enterprise customer locations (125 USA and Canada markets; and 250 cities in the United Kingdom, France, German, Spain and Switzerland) - here is Part 1 of my recommendations:

Part 1 of My Recommendations About the Matterport Capture Services Program

Yes. Apply and join the Matterport Capture Services program provided that - and this is super-important - that the Matterport Terms and Conditions are acceptable to you, including but not limited to the likely non-compete agreement. Apply quickly, in case there is a first come first served review of applications. (If you have not completed 20 scans, do so ASAP). (If you have a Matterport Pro1 3D Camera, I do not recommend buying a Matterport Pro2 3D Camera to qualify. I will write more on that in a different post.)

Likely Matterport Non-Compete Agreement

More on the (likely) non-compete agreement. ...

I base my recommendations (above) - having listened to the Matterport Capture Services program webinar yesterday - and feedback from WGAN Forum Members in these WGAN Forum discussions whom indicated that they would - or would likely - signup. (About the WGAN Forum Member comments that are opposed to the Program, these comments will be discussed in Part 2 of my recommendations.)

For example, from the WGAN Forum discussion: Question of the Day>Thoughts about the Matterport Capture Services Webinar?

Quote:
Originally Posted by @Queen_City_3D
If one of you contact our company and ask us to do a scan for one of your clients for these rates and our agreement is simply that we do the scan (with necessary window/mirror markings and trimwork) and then upload it to your account and you take care of the long term hosting and do all the stuff on the back end, I would agree to that agreement every day of the week.

I'll sign up.

Quote:
Originally Posted by @leonherbert
@Queen_City_3D I agree with that, if all we have to do is the scan, then these prices are reasonable.

Quote:
Originally Posted by @Astroprojector
If I could join, I would. To me it is another stream of income. But since I do not have at least 20 scans, I do not qualify.

Quote:
Originally Posted by @rko1
As was stated, a new income stream is always welcomed. We are also located in an area that we do not infringe on anyone else. We have our state and several others around us that does not have MPs. We also already have several 3rd party engineering companies that have contracts with large chains that utilize us in several states.

We have done between 3 and 4k scans over the last 4 years and look forward to adding many more.

Quote:
Originally Posted by @Wingman
Now, considering I do not have to do any post production, long emails with clients, no hosting fees and all that stuff it does not sound bad.

The only two bits that worry me are 35 mile radius(quite a big territory) and Matterport minimum of AUD$306(US$190). Imagine somebody with small under 2000 sqm properties scattered over that huge area.

Quote:
Originally Posted by @HomePlanNZ
But I think there is still a sufficient justification for the new program. MP are chasing big fish customers who don't want to be the experts (which is good for MSPs) and don't want to deal with multiple MSPs with variable pricing from area to area (a valid concern from the customer's perspective). Plus MP don't want to employ staff to do the scanning (another good thing for MSPs).


On the Plus Side of Joining the Matterport Capture Services Program

1. you can decline any job offered to you (accept to fill in gaps in your schedule)
2. jobs that you accept will likely be because you do not already have a paid gig at the time/day specified
3. since you can accept/reject any order, you can decide if it is worth your time, at that moment
4. another stream of income
5. test and learn

While I have written at length on these related topics ...

Will Matterport Scan Services Eviscerate Matterport Service Providers?
Should Matterport be in the Business of Buying Scans from MSPs?
Matterport Shoots Self in Foot Again (and Matterport Service Providers)

... my commentary is typically written from a macro, big picture, long-term perspective. My commentary does not apply at the micro, short-term perspective about what is right for you today (in the short term).

Likely Matterport Non Disclosure Agreement (NDA) and Non-Complete Agreement

Now, about the (likely) Matterport non-compete agreement, as @izoneguy writes:
Quote:
Originally Posted by @izoneguy
Has anyone seen the contract that they would make you sign?

While I encourage you to apply and join - subject to the Matterport terms and and conditions of the Matterport Capture Services program - it is essential that you review the likely Matterport Non Disclosure Agreement (NDA) and likely Non Compete terms to see if they are acceptable to you.

Potential Challenges in Applying / Accepting to Participate in the Matterport Capture Services Program

For example, what if:

1. you are already doing Matterport 3D Tours for a real estate agent that works for Engel & Völkers or JPAR. In the Matterport Capture Services webinar, Matterport has already identified Engel & Völkers and JPAR as clients. Under a non-compete, would you get to continue to scan for your real estate agent client? What if your client refers you to another Engel & Völkers or JPA client, can you do work for them?
2. are you precluded from developing business directly from any Engel & Völkers or JPAR agent or local broker?
3. as Matterport adds real estate brands globally for example, can you still pursue clients locally for 3D Tours?
4. as Matterport adds real estate brands globally for example, can you still pursue clients locally for non 3D Tour work such as 2D photos, videos, aerial?
5. as Matterport adds clients, how does this affect your potential pool of prospects (particularly, if you offer more than Matterport 3D Tours)?
6. if/when you cancel your participation in the Matterport Capture Service program to switch to a different 3D/360 virtual tour platform (more on this later), does the likely Matterport non-compete still apply (even though you are no longer a service provider enrolled in the Matterport Capture Services program)?
7. there is anything else in the likely NDA and non-compete agreement that affects your existing or future client relationship either during your time as an enrolled service provider and/or after you are no longer a Matterport Capture Services provider?

The week of 20 April 2020, I will post Matterport Capture Services: Dan Smigrod Recommendations | Part 2.

I will write at length about why every Matterport Service Provider should immediately begin researching which 3D/360 virtual tour hosting platform to migrate to (even while either participating in the Matterport Capture Services program or declining to participate (or not eligible such as you have a Matterport Pro1 3D Camera).

Migrating from Matterport to Other 3D/360 Virtual Tour Hosting Software/Platforms

To help get you started on this migration:

WGAN Short List of 3D/360 Virtual Tour Hosting Software/Platforms
WGAN Lists of 130+ 3D/360 Virtual Tour Hosting Software/Platforms
WGAN List of 50+ 3D/360º Cameras for Virtual Tours

What are your thoughts about the Matterport Capture Services program?

Best,

Dan Smigrod
Founder
We Get Around Network, WGAN-TV and WGAN-TV Training Academy
Atlanta, Georgia
Post 1 IP   flag post
BrokerBruce private msg quote post Address this user
I would apply but don't have the 20 scans requirement. What would you recommend to be able to quickly build up to that level?

I have been considering selling my Pro 2 Lite and moving to another service altogether. I have started to look at Eye Spy as a major improvement in what can be done on Matterport and for less money so I'll look forward to next weeks Part 2.
Post 2 IP   flag post
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@BrokerBruce

Matterport Pro2 3D Lite Camera is eligible for this program.

To quickly get 20 Matterport 3D Tours, consider offering free or half price or 2 for 1 or 3 for 1 pricing Matterport 3D Tours to other real estate agents that have current listings.

Yes. I look forward to writing and posting Matterport Capture Services: Dan Smigrod Recommendations | Part 2 next week as well.

Dan
Post 3 IP   flag post
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eBlast received noon ET today, Friday, 17 April 2020

Hi All,

I (just) received the Matterport expression of Interest eBlast about joining the Matterport Capture Services program.

This is what the email looks like (above).

Dan
Post 4 IP   flag post
PeterWolf private msg quote post Address this user
I don't get it?
What to fill in here:
"Please list all the cities you currently operate in (City, State, Zipcode format)*"
Is it meant for having branches in these cities?
Post 5 IP   flag post
Garnetwest private msg quote post Address this user
Honestly, I didnt think that what Matterport proposed yesterday was all that bad. Its optional. It targets clients that I currently don't currently target anyways. It requires no additional investment on my part. Program pricing is confidential to the general public. And bottom line is that it's likely to increase my company revenues.

That said, it does create a significant power shift that could easily be taken advantage of by Matterport at anytime. Although I think that risk of that is relatively small, I certainly will start exploring other options. In the next 6-12 months, technology will have caught up to Matterport from both a quality and features standpoint...without the requirement to host on a proprietary platform.

Bottom line is, I'll get as much mileage out of my Pro2 as I can...but I certainly wouldn't invest in a Pro3 given some of the current challenges with the Matterport business model and the foreseeable challenges on the horizon.
Post 6 IP   flag post
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@DanSmigrod No invite.
Post 7 IP   flag post
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@leonherbert

Did you register as a Matterport Service Provider (MSP)?

Did you check your junk mail folder at noon ET today?

Dan
Post 8 IP   flag post
Cincinnati, OH
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@DanSmigrod I am registered as a MSP, I presume there has not been any new one recently.

I have checked my spam
Post 9 IP   flag post
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@leonherbert

Try sending an email to: MSP@Matterport.com

Dan
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@DanSmigrod Just checked I am still registered as an MSP, will try the email.
Post 11 IP   flag post
immersivespaces private msg quote post Address this user
So based on my conversation with Matterport, here is my understanding... Engel & Völkers has been a long time customer of mine whom I have done hundreds of jobs for over the years. If I join this new program, I am no longer able to service this client or any other Matterport client directly, regardless of past relationships. I am also barred from providing an alternative virtual tour option should I decide to withdraw from the program. I asked for a copy of the Terms and Conditions so my attorney can take a look at it, but I haven't heard back. Everything about this program feels wrong to me. I have been in business for over 20 years and I don't think I have ever seen anything this suspicious in all that time... and I've seen some shady crap over the years.
Post 12 IP   flag post
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@immersivespaces

EXACTLY my concern!!!! (!!!)

Quote:
Originally Posted by @immersivespaces
So based on my conversation with Matterport, here is my understanding... Engel & Völkers has been a long time customer of mine whom I have done hundreds of jobs for over the years. If I join this new program, I am no longer able to service this client or any other Matterport client directly, regardless of past relationships. I am also barred from providing an alternative virtual tour option should I decide to withdraw from the program. I asked for a copy of the Terms and Conditions so my attorney can take a look at it, but I haven't heard back. Everything about this program feels wrong to me. I have been in business for over 20 years and I don't think I have ever seen anything this suspicious in all that time... and I've seen some shady crap over the years.


Thank you for sharing!

Dan
Post 13 IP   flag post
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@immersivespaces

By the way - as you know - another Matterport Service Provider WILL likely sign-up in your market. Essentially, the company that sold you the Matterport Camera and hosting plan - will now be your competitor with your Engel & Völkers.

I could imagine that when you bought the Matterport Camera, Matterport did NOT sign a Non-Compete Agreement with you. That Matterport did NOT promise not to go after the clients that you have, such as Engel & Völkers.

Looks like the Non-Compete only works one way: to Matterport's advantage.

Would be nice if Matterport announced that they would not solicit – and shoot for - and clients where there is an existing Matterport Tour done by anyone else.

Dan
Post 14 IP   flag post
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I think you're focusing on the correct points. BTW we got an offer to sign up all the way here in New Zealand, which isn't in the target territories - so suspect they are canvassing global interest regardless of if they intend to operate in that area in the near future.

I'm also keen to see the non-competition/exclusive clause once someone has it. They said that you are OK offering other services e.g. drone alongside the 3D scan you do for them via the MP arrangement. Key is how this is worded. For example if CBRE have signed up with MP to do "X" use of MP models, and and then they approach you to do a "Y" project, is that allowed. Or a more likely case - CBRE come to you and say 'can you please do this additional post-production, as we need more than MP has done'. Or if CBR come to you and say 'can you please help us manage our many models'. It's all about definition of scope.

The crux will come when the MP client under this services clashes with your existing or target client base. If you have an exclusive contract in place already and the client wants to move to the MP service, then you're competing. I wonder how the MP contract will deal with existing arrangements.

Interesting times!
Post 15 IP   flag post
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Quote:
Originally Posted by HomePlanNZ
I think you're focusing on the correct points. BTW we got an offer to sign up all the way here in New Zealand, which isn't in the target territories - so suspect they are canvassing global interest regardless of if they intend to operate in that area in the near future.

I'm also keen to see the non-competition/exclusive clause once someone has it. They said that you are OK offering other services e.g. drone alongside the 3D scan you do for them via the MP arrangement. Key is how this is worded. For example if CBRE have signed up with MP to do "X" use of MP models, and and then they approach you to do a "Y" project, is that allowed. Or a more likely case - CBRE come to you and say 'can you please do this additional post-production, as we need more than MP has done'. Or if CBR come to you and say 'can you please help us manage our many models'. It's all about definition of scope.

The crux will come when the MP client under this services clashes with your existing or target client base. If you have an exclusive contract in place already and the client wants to move to the MP service, then you're competing. I wonder how the MP contract will deal with existing arrangements.

Interesting times!


@HomePlanNZ

That's not clear to me that a Matterport Capture Services member could upsell a Matterport client. Can you get clarity on that and report back? (Time for me to go for a walk with my wife )

Stay safe and enjoy your weekend,

Dan
Post 16 IP   flag post
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@DanSmigrod sorry If I haven't phrased it well but that's what I'm also saying - we all need to review the T&Cs to see what it means for upsell, cross-sell and superseding existing arrangements. As (to our knowledge) NZ isn't a target for the new service yet I'm unlikely to see this before others on the forum, who BTW I also encourage to go for a walk with their (not your) wife
Post 17 IP   flag post
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Quote:
Originally Posted by HomePlanNZ
@DanSmigrod ...we all need to review the T&Cs to see what it means for upsell, cross-sell and superseding existing arrangements. ...)


@HomePlanNZ

Yes. It would be nice to see the entire agreement.

Dan
Post 18 IP   flag post
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Hi All,

In Matterport Capture Services: Dan Smigrod Recommendations | Part 1 (above), I wrote:
Quote:
Originally Posted by @DanSmigrod
Yes. Apply and join the Matterport Capture Services program provided that - and this is super-important - that the Matterport Terms and Conditions are acceptable to you, including but not limited to the likely non-compete agreement.

I Apologize. I Made a Big Mistake.

I apologize. I made a big mistake because I failed to shout-from-the-rooftops how onerous the likely Matterport non-complete agreement is to existing Matterport Service Providers.

Read this WGAN Forum Forum post - slowly and carefully - from: Matterport Capture Services: Dan Smigrod Recommendations | Part 1:
Quote:
Originally Posted by @immersivespaces
So based on my conversation with Matterport, here is my understanding... Engel & Völkers has been a long time customer of mine whom I have done hundreds of jobs for over the years. If I join this new program, I am no longer able to service this client or any other Matterport client directly, regardless of past relationships. I am also barred from providing an alternative virtual tour option should I decide to withdraw from the program. I asked for a copy of the Terms and Conditions so my attorney can take a look at it, but I haven't heard back. Everything about this program feels wrong to me. I have been in business for over 20 years and I don't think I have ever seen anything this suspicious in all that time... and I've seen some shady crap over the years.

From the WGAN Forum discussion: Transcript: Matterport Capture Services Webinar | Thursday, 16 April 2020 ...
Quote:
Originally Posted by @pixelray
Great...Colliers has been a long time customer.
Quote:
Originally Posted by @pixelray
@dan...I guess I'm gonna have to have that negotiation with them sooner than expected....yeah...heavy sarcasm. I worked hard to get their business in Denver. And have been servicing their local needs here for a few years now. Actually on a job right now for them. This sucks.

While I have not seen the Matterport Non-Compete language of the Matterport Capture Services program, @immersivespaces has given us a taste (above) of why you should (likely) not sign-up.

From the WGAN Forum discussion - Question of the Day>Thoughts about the Matterport Capture Services Webinar?:

Quote:
Originally Posted by @MeshImages
@Queen_City_3D you cannot compare Matterport Scan Services (MPSS) to any small company that you have cooperated with.

MPSS is working on a global scale at minimum scan rates.

MPSS is a powerful competitor, which integrates Scan Services, Platform and Camera. And MPSS has no interest at all, that scan prices are high, fair and profitable, because MPSSs main business is in exclusively selling expensive hosting contracts to everyone who wants a virtual tour.

And from my point of view this is probably just the first step. Next step will be exclusive software updates and beta testings for MPSS Scan technicians. Maybe also first orders on a new MP3 camera. This may sound all fantastic in the beginning.

But then you will see, that MPSS will start to actively promote their scan services to everyone everywhere in the world - also in your area. And probably MPSS will be much cheaper and easier than booking your service. In consequence you may loose your customer relationships to MPSS and your brand will slowly disappear.

You and your team will end up as a Matterport Scan Services Technicians.

Quote:
Originally Posted by @HomePlanNZ


...

I urgent you to re-read the following from Part 1 of my WGAN Forum post on Friday (17 April 2020):

Quote:
Originally Posted by @DanSmigrod
Potential Challenges in Applying / Accepting to Participate in the Matterport Capture Services Program

For example, what if:

1. you are already doing Matterport 3D Tours for a real estate agent that works for Engel & Völkers or JPAR. In the Matterport Capture Services webinar, Matterport has already identified Engel & Völkers and JPAR as clients. Under a non-compete, would you get to continue to scan for your real estate agent client? What if your client refers you to another Engel & Völkers or JPA client, can you do work for them?
2. are you precluded from developing business directly from any Engel & Völkers or JPAR agent or local broker?
3. as Matterport adds real estate brands globally for example, can you still pursue clients locally for 3D Tours?
4. as Matterport adds real estate brands globally for example, can you still pursue clients locally for non 3D Tour work such as 2D photos, videos, aerial?
5. as Matterport adds clients, how does this affect your potential pool of prospects (particularly, if you offer more than Matterport 3D Tours)?
6. if/when you cancel your participation in the Matterport Capture Service program to switch to a different 3D/360 virtual tour platform (more on this later), does the likely Matterport non-compete still apply (even though you are no longer a service provider enrolled in the Matterport Capture Services program)?
7. there is anything else in the likely NDA and non-compete agreement that affects your existing or future client relationship either during your time as an enrolled service provider and/or after you are no longer a Matterport Capture Services provider?


Your thoughts?

Dan
Post 19 IP   flag post
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Hi All,

Related WGAN Forum discussion:

I Apologize. I Made a Big Mistake.

Dan
Post 20 IP   flag post
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Hi All,

Additional thoughts?

Dan
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