Legallity Question

aussiepoker · #1 01-07-2007, 08:21 PM

This question has got to do with the legallity of an affiliate manager changing the payment terms after I have sent them depositing players, and not crediting those players on the intial deal agreed upon.

Last month I sent a resonable amount of players (for a small affiliate) to a certain poker room, all of these players were from europe as the poker room no longer accepts usa players. My aff manger put me on a high cpa deal once I agreed to start promoting his site, I thought this was great.

By mid december I had sent around 15 depositing players all of which I had my cpa credited, then my aff manager says my net gaming is too low and he is going to change my deal.
At first I understood this, however I thought the players who had already played and deposited would be credited on my inital deal, as he did not make any reference to the amount earnt in the first half of the month. I have been told by a few of my friends who study business law that the deal must be upheld consideration is given. I really question the legallity of the aff manager being able to change the terms of money already earnt to suit themselves.
The aff manager said they company was losing too much money, to me this is just unfortunate for them as they are the ones who proposed the deal to me. I was happy to accept the new deal on the terms that my affiliate earnings made prior to the deal change would be upheld on the intial agreement. To me this seems to be common business practice, ne similar experiences by anyone? Is the aff manager entitled to do this?

scottmc · #2 01-07-2007, 08:45 PM

The question of legality is irrelevant because there is almost zero chance that it is worth trying (cost and time wise) to enforce the contract. Whether the affiliate manager is entitled to do what he did or not, there is basically no way to stop him. The most you can do is let other people know what is happening which will affect the reputation of the affiliate program.

DealerDan · #3 01-07-2007, 08:47 PM

Quote:

Originally Posted by scottmc

The most you can do is let other people know what is happening which will affect the reputation of the affiliate program.

That's pretty much the only thing you can do, although I might run it by Jeremy first to see if there's anything he can do if he has contacts at that affiliate program.

the27offsuit.com · #4 01-07-2007, 09:33 PM

Here a quick tip , From what you are saying it sounds like Titan Poker , if it is my suggestion is , drop them asap , remove all there banners and black list them . They have screwed over too many people . and they will keep changing there terms on you every month to convience them .

Brandon · #5 01-07-2007, 11:34 PM

Sounds like they are paying you a high CPA and your players aren't performing. Its a common problem in this industry and one with no real clear answer. You have to look at it from their side aswell, if they are paying you a high CPA, and your net gaming is no where near what it should be its hard to justify paying you all of what they owe you. Remember if you want to grow to be a larger affiliate you need to create partnerships where both sides are happy.

I am not saying I agree, just explaining the other side. This discussion has taken place a bunch here at PAW if you want to read more

corpfan1 · #6 01-08-2007, 12:23 AM

Definitely sounds like Titan.

aussiepoker · #7 01-08-2007, 03:45 AM

The affiliate program is indeed Titan's.

I understand that titan was losing out on the deal they gave me, but remember they gave it to me. Its sort of like buying advertising on a site, then mid-way through the month demanding your money back because you are unhappy with the results, it shouldn't ever happen.
I was unwilling to promote titan before the aff manager offered the high cpa to me because there were better deals available elsewhere. In short I and many others have been screwed over and now stuck with a payout 13% the size of the one I was expecting.

Squigley · #8 01-08-2007, 08:15 AM

Some good guessing there!

Even though Titan is notorious of doing this, other programs that pay CPA can change the terms retroactively if it suits them.

Basically, if a program is happy to pay a high CPA continually then you would be better off on a revenue share.

Just my two cents.

Stephen · #9 01-08-2007, 06:35 PM

Hey AussiePoker

It is not acceptable to change terms after an agreement was reached, unless you were bringing players through a non-agreed method (offering them cash/gifts, or asking your friends to bonus abuse them).

I would also ask Jeremy to intervene and see if he can assist you.

Stephen

hoursurfing · #10 01-08-2007, 07:02 PM

Two weeks is kind of a short time frame to judge how solid your players are especially over the holidays. If you didnt do anything wrong just take what you can get, take their links down and move on. Judging your types of players after only 15 depositors and 2 weeks is weak. If you signed up your friends or something then you probably got what was coming.