Ethics/Strategic Discussion HIP5 - Increasing Vesting Period of esHMX

The purpose of this is to discuss several severe issues in the recently approved proposal, HIP 5 – Improving HMX’s Tokenomics for Long Term Growth, whereby the decision was made to extend the vesting period of staked esHMX both retroactively and going forward. The proposal left out the key requirements showing potential risks to the change, and more importantly poses an ethical concern that has precedent in most jurisdictions.

For clarity, I don’t think the short-sightedness of the proposal was intentional, but the details that were left out change the outlook of the proposal entirely. We need to make sure we’re doing things the right way as well as include all details that would help with an informed vote.

At the end of this writing, I will request that the proposal is resubmitted with appropriate details and elimination of the requirements that pose ethical concerns.

We can think of this in two parts:

  • Ethical - Changes to existing vesting schedules, which should not be non-negotiable item up for vote without compensating those users
  • Strategic - Changes to future vesting schedules, which can be up for vote, but the proposal as-is lacked certain conditions as outlined in the governance process to make an informed decision.

Part 1: Existing Vesting Schedules – Ethical Considerations

This vote was a retroactive change to users who had existing vesting schedules, not just for users going forward. This poses several problems in the reputation of HMX as a platform and may not even be consistent with existing regulations in several jurisdictions. As a rhetorical concept, I don’t think anybody would agree that we could vote on changing the vesting schedules of private investors. But think about why.

It’s because those investors entered a contractual agreement based on certain terms and conditions, and each would need to agree to a change individually, but each could negotiate on their own terms.

In our case, when existing traders first used the platform, they performed an economic transaction (trading) and received eHMX tokens as a reward. The rewards were outlined in the HMX docs with having a vesting period of 1 year. Whether we like it or not, this is a contractual agreement. HMX docs did not include a “right to modify" clause at the time those traders would have entered their transaction.

Extending the vesting period on those tokens lowers the perceived economic value of the tokens. Would those users still have agreed to transact in that manner, specifically on HMX, if the original documentation stated a 3 year vesting period? We don’t know.

Most of us may intend to hold our tokens for a long period of time, but we cannot just change the terms on other users who already performed an action based on written documentation without just compensation. An example of compensation would be a reimbursement of the trading fees they incurred to acquire the esHMX, or an option to convert esHMX to HMX in a “fair” ratio. Given the complexities of such compensation, changing past vesting schedules should only be a last option.

As a real-world correlation, if anybody opens the terms and conditions for any loyalty rewards program, it will likely have some sort of “right to modify”. Even with that clause, most companies would only modify a rewards program retroactively in the most desperate situations, as doing so would cause a significant reputational risk and lose the trust of its customers, and in some cases, still not protect them from lawsuit. The same applies to why many companies will use “right to terminate” in the job offers that many of you are familiar with.

While I am not saying to get legal involved, nor do I think we have anybody in the community that would, we should operate within a framework that doesn’t expose the platform to this possibility. Precedents are there for a reason. Doing what’s right is more important than speculating on how we can manipulate the token price in the short-term.

Key point: Governance should not be able to make changes to existing vesting schedules without making existing users whole, especially if HMX did not include appropriate clauses that would allow for such a change. If we add those clauses, then we can only modify from the date at which it was added. (Adding such clauses to documents is the more appropriate use of governance, ironically).

Part 2: Future Vesting Schedules – Strategic Considerations

HIP 5 lacked in the following categories as outlined in the existing governance process, and therefore should be resubmitted to include the missing details:

  • No presentation of quantitative analysis – The claim is that this proposal would impact token price, but how (and what magnitude) without analysis of current buyers and sellers. As written, it only mentions one very specific type of seller. But how would the change in the vesting of the esHMX token impact the HMX’s goal to attract new traders when the market returns, and therefore the incentive for new buyers? This latter point is key as this appears to be a key offsetting factor if we are to consider long-term token price.
  • No supporting data points
  • No risk assessment to the protocol. Consistent with the above, there are obvious downfalls to this tokenomics change, but the proposal does not even attempt to present those as possibilities. This is misleading to the community.

The original purpose of the token issuance for trading rewards and open positions was to attract and retain users. Lengthening the vesting period for the esHMX token lowers the perceived economic value of the reward. The proposal does not even begin to speculate (much less provide analysis) on the impact this will have on obtaining or retaining new users, but instead only focuses on a narrow point of view to reduce the current sell pressure of the token, without providing the supporting details of the current buyers and sellers of the token. The proposal even begins with noting the “recent” market conditions, making the shortsighted view of the proposal clear. The HMX token price has declined with the rest of the market but has also failed to recover as the market has rebounded. This shows a lack of buyers, which I think we all intuitively know this already.

As the esHMX token is used to attract new users to the platform, and those users create more trading fees. More trading fees mean higher APRs on staked HMX, and higher APRs create incentives to buy the token. It would seem counterintuitive to make the esHMX token even less attractive to obtain through using the platform. This proposal does not consider the role esHMX token plays in attracting new users, and instead only focuses on putting a restriction on the existing holders. Token price is at any given time a function of supply and demand. If there is no demand, these minor changes to supply are only short-lived, if any impact at all. Without a vibrant user base, this proposal adds no value. At least the value wasn’t demonstrated in the proposal aside from surface-level speculation.

Metcalfe’s Law states that the value of a network is proportional to the square of the number of connected users or devices in the network. Other assertations, such as Reed’s Law and Beckstrom’s Law, while containing other considerations, also imply that a larger network is a more valuable network. While this doesn’t always equate to precision in “value” in the open market, in general terms, it’s clear that a more valuable network (larger network) would lend itself to more demand to own part of that network. I.e. the larger networks in crypto tend to have higher valuations. To simplify, strategically, HMX needs to attract new users as it’s number one goal, rather than attempting to force the market to revalue the platform with these new restrictions.

All successful companies, at one time or another, had a challenge of turning short-term temporary users into long-term loyal customers. In no case was this done by force except in the most restrictive government regimes. It is always done by creating a product or service the attracts those customers back, as well as new ones. I would much rather focus our time on new methods for acquiring users, marketing, etc, than lower the incentive value of esHMX. We should reward behavior that benefits the platform more. Staking with no traders is not the end goal. Staking with the existing user base does not lead to long-term token price appreciation either. We need growth in market share.

General Governance Note – Quorums

As a general governance note, HMX governance was implemented without a requirement of minimum voter turnout (quorum), which in HIP5 led to under 400k voting shares, and 1 wallet separated the 1st and 2nd categories, despite the top category receiving “50%” of the votes. A quorum is recommended to prevent a small number of votes from passing a proposal that does not have sufficient support. Lack of votes can signal that the proposal was not clear, did not provide sufficient details, or many other reasons. The writer of the proposal needs to receive sufficient support among all token holders for his/her proposal to pass. A quorum is best used where an option of “do nothing” is acceptable. In cases where there must be an action/result, such as the election of HMX Council, that would have made sense to not impose a minimum voter turnout.

My immediate suggestions:

  • Kill HIP 5 as non-compliant as it lacked sufficient details for an informed vote, and contained actions that have a precedent to harm brands, if not pose potential legal issues. The only scope up for consideration should be the vesting schedule for esHMX earned after the implementation date. Not everything can be voted on. That’s why countries have constitutions, companies restrict shareholders form certain decisions, etc.
  • Have the submitter resubmit with sufficient supporting analysis for the changes on a go-forward basis only.
    • Also included need to be the counterarguments, not just what I’ve written above. There were several key contributors on HIP-5 that gave valuable feedback that need to be included for the community to have an informed vote.
  • Implement a quorum (minimum voter turnout) and guidelines for when imposed – exact level can be voted on via governance
  • Consider adding language to docs where necessary for “Right to modify” – this is an appropriate use of governance
  • The governance process should be updated to include topics that should be off limits. Example we’re seeing here would be changes that impact prior agreed-upon rewards or incentives programs. We should also consider a more robust enforcement process to ensure future proposals meet the requirements already outlined.

A governance proposal should have both pros and cons. For comparison, marketing literature might leave out or downplay the risks to sway users. We should not be writing marketing pieces as governance proposals. Linking to this forum is only useful when the voter wants underlying discussion, not to replace what the proposal should have highlighted in the first place.

I’m obviously open to further discussion. Dismissal of others’ opinions should not be encouraged here, as I saw was done in the previous forum.

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Thanks for writing this very comprehensive and complete text! I agree with you on all points, to be honest. I agree that this HIP-5 should be revoked, reworked, and resubmitted with more flesh on the bone so token holders can actually make an informed decision.
If the HMX truly cares about their community and stakeholders they should give this some serious thought and respond quickly.

One additional point is that HMX wallets (not privately purchased tokens by team members) should all be flagged and excluded from votes to avoid conflict of interest.

Fair point on the team wallets. Has the team not posted their wallet addresses before? I think the purpose of the wallet and whether it is subject to the same changes would determine if and when it could vote in governance. But either way, definitely a necessary point to include in both the general governance guidelines as well as the proposal.

As a fellow community member, I thank you for taking the time to provide your thoughts. I’d like to share my perspective on this.

Firstly, I want to highlight and acknowledge the community’s role in voting for HIP 5. The proposal was democratically decided upon, and it’s important to respect the outcome of that vote. Backtracking on a decision already made by the community undermines the governance process. If it was already voted on and decided by the community, why do we want to go back on that? It makes no sense.

Regarding your comments on ethical concerns, I think it’s important to clarify that esHMX is not equivalent to direct investments made by private investors. esHMX is earned based on the usage of the protocol, and it was provided as a reward, not a purchased asset. You CANNOT purchase esHMX. Additionally, the platform is not taking away anyone’s esHMX but merely adjusting the vesting schedule—a change that the community has collectively agreed upon.

Moreover, it’s not entirely accurate to label this as a retroactive adjustment. What has already vested remains vested. HIP 5 does not affect the vested HMX but merely the existing esHMX vesting position going forward. You could only call this a retroactive adjustment if HIP 5 clawed back all your vested HMX and forced you to re-vest it again, which it neither does nor has the capability to.

I think you massively miss the mark with the issues brought forward.
There is nothing wrong with accepting the result of a community vote, but there was hardly anyone of the community actively involved to vote… that should not be. That is not democracy. That is absuing the concept of democracy to your advantage because you know a minority is actually turning up. The DAO concept does not work, especially if it leaves massive ethical gaps open like this.

For the vested esHMX. People will argue if I vest my current esHMX today at the 12 month period, that is the contact I have agreed upon to vest. I do not agree that this period then gets extended by another 24 months, even though I signed (with my wallet - on a blockchain ledger, mind you) that it shall be vested during 12 months. So I do see the issue here, and I can see how that might cause some serious problems going forward.
If from now on (any new esHMX I want to vest) the term to vest is 36 months and I sign the transaction, then so be it. Again, that’s not the core problem addressed here.

Hello @MikeP, thank you for taking the time to provide your detailed feedback and for your active participation in the governance forum. We appreciate your input. In consultation with the team and the council members, we’d like to address the points raised from you below:

Point #1: The vote was a retroactive change to users with existing vesting schedules, posing reputational risks and possible regulatory issues.

First, let’s clarify how HIP-5 will be implemented to make sure everyone is seeing the same picture. The proposal is not clawing back any vested esHMX. It is only extending the vesting period of the remaining unvested tokens to 36 months. To avoid any doubt, let’s look at an example:

  • Let’s say Alice started vesting 100 esHMX 6 months ago.
  • Today, she would have 50 vested HMX ready to claim (50% of the 12 months vesting period)
  • After HIP-5, the remaining 50 esHMX will be extended for an additional 30 months with a vesting rate of 50 / 30 = 1.667 HMX per month.

The Terms & Conditions, which every users have accepted when using the platform, clearly state that the platform reserves the right to “…at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Services, in whole or in part, for any reason whatsoever.” So the protocol is acting very much within its T&Cs. Not only that, the proposal was approved through the proper governance process which was ratified by users. Also, comparing this with private investors isn’t accurate since private investors have SAFTs while users get esHMX as a bonus for using the platform.

Point #2: The original HMX docs did not include a “right to modify” clause, making the change a breach of a contractual agreement.

As mentioned in Point #1, the Terms & Conditions do allow for modifications, so no rules were broken. Decentralized platforms are inherently dynamic, and governance structures are designed to adapt to changing circumstances. The community’s ability to propose and vote on changes is a form of flexibility by design.

Point #3: HMX governance lacks a requirement for minimum voter turnout (quorum), which can lead to insufficient support for proposals.

We appreciate your concern, but we’ve had a quorum requirement of 150,000 HMX tokens in place right from the start. You can find this info in the Governance Process forum topic which we definitely recommend you to read. This quorum is there to make sure we have enough community backing for proposals that pass, which addresses exactly the issue you’re worried about.

We’ve always been vigilant to ensure that we never fall below the 150,000 HMX quorum for any passed proposals. In fact, this quorum has consistently been met and often far exceeded, demonstrating that we’ve never really been close to the minimum threshold. We would also like to point out as well that not all DeFi protocols elect to use the quorum system due to voters’ apathy which is typical in DeFi. It’s a balancing act of not setting the quorum too high as to prohibit anything being passed.

To go into a little more detail
Our quorum of 150,000 tokens represents 7.9% of the circulating supply.

According to our research, the average number of tokens used for voting in other Web3 projects typically hovers around 5% of the circulating supply. Here’s a more detailed breakdown of our research:

  • Uniswap: Average of 4.5% of tokens used relative to circulating supply
  • Sushiswap: 7.8%
  • GMX: 12.2%
  • dYdX: 5.0%
  • Aave: 4.3%
  • Arbitrum: 4.0%
  • Hop: 5.4%
  • Stargate: 1.6%

Our quorum requires a minimum participation of 7.9% of the circulating supply, as mentioned earlier. The average participation in our votes is approximately 556,000 tokens, which represents 29% of the circulating supply. This is much more than the projects mentioned a bit earlier.

Note: These figures depend on the prominence of the governance system of the project in question, user engagement, and the tokenomics of the governance token.

Having an average participation rate approaching nearly 1/3 of the circulating supply, I think we’ll all agree that in its current state, our governance system is fair and that HMX holders have a significant impact on decisions made.

Point #4: The governance process should be updated to include topics that should be off limits. Examples we’re seeing here would be changes that impact prior agreed-upon rewards or incentives programs. We should also consider a more robust enforcement process to ensure future proposals meet the requirements already outlined.

DeFi needs the flexibility to adapt quickly, and putting restrictions on topics could hinder that flexibility. Our Governance Council is there to ensure proposals are in the community’s best interest, and we believe this approach works best.

Point #5: Kill HIP 5 as non-compliant as it lacked sufficient details for an informed vote, and contained actions that have a precedent to harm brands, if not pose potential legal issues. The only scope up for consideration should be the vesting schedule for esHMX earned after the implementation date. Not everything can be voted on. That’s why countries have constitutions, companies restrict shareholders from certain decisions, etc.

HIP-5 was passed through the proper governance process and complies with our Terms & Conditions. We cannot and will not just simply “kill it.” Doing so would go against the values of a governance process and would be an abuse of that system. That being said, we acknowledge your concern and from our side, and since there is no immediate urgency to implement this change as it’s not related to a security issue, here is what we propose to do as next steps:

  1. We will delay the implementation of HIP-5. All vesting will continue as-is.

  2. After that, we will put forth HIP-5-3 (part 3) for the community to vote on whether HIP-5 should only be applied to new vesting positions or also with existing positions as well.

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@Takamura @Unlevered89 Thank you both for responding. My fault on the Quorum, I was assuming it would be listed in the voting results. On the other points, I just don’t think we’re going to see eye to eye.

There are real world examples/class action lawsuits over rewards programs and all legal resources I can find appear to advise to list the specific language in the T&C for the program. The T&C you listed is regarding the platform, not the rewards program, and is regarding providing services, not altering rewards already earned. But I’m used to US and UK laws, and I have no idea where others are located, maybe it’s different? Either way, I do thank you for responding. If you want to allow a vote on the new vs existing positions, that’s fine considering your position on the matter. I do generally think it is good to delineate between new and existing any time you’re making changes such as this, even without the ethical or legal precedents.

As one point of clarification, I’m not sure where clawbacks keep getting referenced, as that’s and entirely different scenario. When you issue at reward, it has value to the earner no matter if you can “trade” it or not. There’s a future value (FV) of esHMX = 1 esHMX in 1 year. So that would be discounted by 1 year to find Present Value (PV). If you extend vesting to 3 years, you have a new, lower, PV. It’s not up to HMX to determine what the value of HMX will be in 1 year or the discount rate, but the person who entered an economic transaction to earn the reward would have a basis for this lowering their perceived value of their reward, and could argue they would have not conducted business with HMX had the reward been lower at the time of sale. That’s where those real world issues usually pose problems for the companies that have changed their programs. It has to do with agreement made at the time that an economic transaction (agreement btw two parties) occurred.

I still stand that any governance proposal should aim to list all arguments, both for and against, have sufficient research presented (no qualitative research or data points were in the proposal as stated in the Governance rules and guidelines). So that’s where I’m just not seeing how we can say this was “proper governance” when it was missing such details and made a claim that cannot be verified to be true (that this will somehow protect token price and ignore all of the other factors impacting price), but it is what it is at this point. It takes time to get these things right, so appreciate you taking the time.

Wish everyone the best. We’ll see what happens. Hope I’m wrong on the strategic side (maybe a ton of marketing can make up for it?!). I’ve been here since the start, so still rooting for the platform’s success, even if I don’t agree.

(Disclaimer: I’m one of the top 15 overall traders on platform from day1) So if I get this correctly now according to new rules if I hold 10000esHMX staked and I want to vest it all to get liquid HMX I effectively can’t.

  1. I need to have enough DP to start vesting
  2. If I decide to vest my whole position of 10k esHMX I will burn 100% of DP (That is how it is currently working)
  3. The vesting will immediately stop because I do not have enough DP
  4. And on top of that the vesting is 3x slower then before
  5. So in order to vest my position I need to do it per partes thus effectively making it at least 7years to “almost fully vest”

Is this assumption correct? If so, this proposal is even more controversial than you guys presented and def should be reconsidered because this drastically changes the rules of the game (and not in your favor). No sane investors/traders will join the flock in the future… But that is just my piece of info here.

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@Adam really appreciate your reply. Your perspective is exactly what I was trying to convey.

Another analogy for the group. Apple shareholders do not create value for Apple. It’s those buying iPhones and other products. Whether they are also shareholders is irrelevant. Trying to restrict them from selling shares/tokens is also counterproductive if we don’t keep them as customers. We need more buyers of our products, aka more Adams who want to conduct their trades on HMX. If anything, I’d want to find ways to reward them more. It doesn’t have to be dilutive to the HMX token, but we need to find ways to get more traders.

The entire incentive behind these proposals is misaligned.

And turning on your existing customer base has an almost certain outcome.

Thanks again Adam. I know you’re only n=1, but it’s supportive of what I’ve been trying to get across that the proposal was misleading (to be generous).

Thanks for some clarification however I would like to challenge the quorum with an info on how much of the votes were team wallets (those should be excluded from voting as is customary from any other DAO)?

Hiding behind T&C and retroactively changing rules is a big no no in business overall and if not directly it will bite you in the ass in the future (most likely lose of interest from investing parties, traders and users due to bad reputation on changing the rules ex post).

I get the votes OK, it is what it is and our lives will go on, however the new rules introduce a practical problem I described in the previous post around vesting. Both of the proposals are OK separately however combined are really brutal for the early supporters and will just deter any future sane investors… All and all good luck for the future.

@MikeP Thanks for your thoughts on governance proposals. I agree with you that a good proposal should cover all bases, including pros and cons, and backed up by solid research. Since these proposals come from the community, they might sometimes miss important details. We’ll do our best to encourage the community to include this crucial info and jump in with suggestions if needed. We’re all about making this process better as we go along.

I also encourage you to review and provide additional perspective on the upcoming HIP5-3: [HIP-5] Improving HMX’s Tokenomics for Long Term Growth - #34 by Takamura

Thanks again for your input. It really helps us fine-tune things and make HMX the best it can be.

You should not allow proposals that lack basic research, argumentation, and market viability. That is your task as a control body to ensure all relevant data is present.
The fact that you admit this was “half-baked” makes it even more questionable why it was passed for voting in the first place. I’m sorry, but you can see there is enough push-back on this entire proposal and whether it is a viable step to ensure the longevity of HMX (token AND project).
I don’t think HIP 5-3 fixes that issues, it just pleases early-adopters and traders which is unfair to newcomers and market expansion.
That said, I do appreciate the efforts your guys are taking to listen to us in the discussion and trying to find proper solutions, but personally I don’t think we are there yet (Disclaimer: I say this as a meaningless small fish in the pond who has either way no gain, but argues from the stands of principle and correctness to drive real and qualitative governance/business practices)