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Bikeman, there are still plenty of programs that will continue to accept US players.
You will find a list with these programs at:
http://www.casinoaffiliateprogram.com/gamblingbill.htmlAnd it is perfectly legal to promote the casinos of these affiliate programs. In theory there could be some legal programs for the programs themselves, but there certainly won’t be any legal problems for webmastes. It is not your job to exclude US players, it is the job of the casinos.
Send it to me . Pm me with how much traffic , and what your looking for it
james wrote:Bikeman, there are still plenty of programs that will continue to accept US players.You will find a list with these programs at:
http://www.casinoaffiliateprogram.com/gamblingbill.htmlAnd it is perfectly legal to promote the casinos of these affiliate programs. In theory there could be some legal programs for the programs themselves, but there certainly won’t be any legal problems for webmastes. It is not your job to exclude US players, it is the job of the casinos.
Thanks James but I was looking at http://www.gambling-law-us.com/Federal-Laws/internet-gambling-ban.htm and found this section that is talking specifically on Affiliates:
“The federal aider and abettor statute, 18 U.S.C. 2, provides:“(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.”The criminal provision of Section 5366 creates a new “offense against the United States.” All those who aid or abet an online gambling website that is in violation of Section 5363, and thus of Section 5366, are punishable as if they were the online gambling Website. The same goes for those who are employees and officers. In appropriate cases this “punishable as a principal” law may also ensnare directors, major shareholders, advertising media, affiliates and those who are so-called consultants, team members or front men for the online gambling Websites.
According to this affiliates are exposed exactly like the operators.
We also still have a “free speech in advertising” law.
To my knowledge ( I am not a lawyer and this is in no way to be taken as legal advice, just the entertaining ramblings of a lunatic) only Washington has a law that disallows advertising of online gambling.
There is no black and white here though, it’s all grey as far as I can determine with my feeble mind .
Dominique wrote:There is no black and white here though, it’s all grey as far as I can determine with my feeble mind .Yep Dom. I agree.
As there are many casinos still allowing US players and affiliates sending traffic I guess we’ll just have to wait and see where it goes and take it from there.The bikeman
Bikeman,
I think your concern about aiding and abetting is understandable but right or wrong, here’s how I see it. The only act made illegal by the law falls on the shoulders of the financials who knowingly transfer funds of U.S. residents to online gaming concerns for gambling purposes.
There are now plenty of off-shore online casinos and poker rooms that consider themselves to be well within their legal rights to accept money players that they want from anywhere in the world, including US residents as long as the comply with the laws and regulations of the country of their domain. I haven’t seen anything in the US gambling enforcement law that contradicts that position.
I can’t see any culpability on our parts as affiliates for running ads that tell prospective customers worldwide that certain online gaming companies exist for the purpose of offering gambling games for adult customers everywhere. All we are doing, to the best of our knowledge, is advertising legitimate companies.
Now, what might be considered by US authorities to be aiding and abetting is to advertise a bank or other financial that is clearly and knowingly violating that part of the law that prohibits the transfer of funds for online gambling.
A possible aiding and abetting ad might read something like this.
“Gamblers – Open your bank account with the ABC Bank of West Undershirt and we will guarantee the transfer of your funds to any online gaming company anywhere”
In this case we are directly aiding a bank that is clearly breaking the new law.
Hang in there!
Maxx
pokersyte.com
The only act made illegal by the law falls on the shoulders of the financials who knowingly transfer funds of U.S. residents to online gaming concerns for gambling purposes.
Good point, Maxx. The financial institutions have to ensure that US players won’t transfer money to gambling related companies. This is certainly not the job of the affiliates.
Bikeman,
I think your wait-and-see approach is the correct one. I too, am doing the same. There are certainly precedents being set to allow US affiliates to market to International Customers (Mirage and Sands are leading the way here).
I’m waiting to see what happens with WTO early next year as well. For now, I’m not marketing to US customers either. To do so, is clearly in violation of the new law.
If you are sending customers to the casinos and don’t have any software that tells you where the IP address is from then you are just sending customers
Hi all
If you are sending customers to the casinos and don’t have any software that tells you where the IP address is from then you are just sending customers
….. guess you’ve never heard the expression “Ignorance of the law is no excuse”.
of course I only know that’s the situation here in the land that used to be free.
bb1webs wrote:Hi all….. guess you’ve never heard the expression “Ignorance of the law is no excuse”.
of course I only know that’s the situation here in the land that used to be free.
ignorance is bliss…i’ll stick to that for now :letsparty
For now, I’m not marketing to US customers. To do so, is clearly in violation of the new law.
Maybe it is in violation of the law, if you write on your website: US players, gamble on these casinos…
But if you simply promote only casinos that accept US players, you certainly won’t get any problems. This might be the best strategy at the moment.
I recently started directing my US traffic to Hot Pepper Casino. Links have only been up for a couple of days so I am hoping they pay. Has anyone else used them? They gave us a good CPA deal, as I don’t know how stable revshare will be for the US players. If you wanna signup let me know ill PM you me referral
They’re Odds On and I know I read something negative. Can’t remember now what it was but I’d like to suggest that you check them out a bit more.
Do they have those predatory T&Cs that CC recently implemented?
Help please.
ntaus
I don’t know if Hot Pepper has these, but the Casino Coins group has them as well as VIP.
These clauses say that of you don’t send x number of new players in x time period, your earnings will be confiscated. This is to force you to start delivering again. It also makes selling your site but keeping the accounts impossible.
