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@kwblue 136776 wrote:
Gnuf.biz has had the opportunity to change their terms and conditions for WAY too long. Although they have offered to make the change, their lack of followthru only leads us to the decision to mark their program as Predatory due to the following issues with their Terms and Conditions:
Gnuf.biz Terms and Conditions ARE predatory – please do not affiliate with this program unless you agree to the above terms and conditions.
Thank You.
For more information: Gnuf.biz Terms and Conditions Review
Dear Affiliate Guard Dog,
If you were to read our Terms and Conditions correctly you will see that clause 10.3.2 and 10.4 (which you refer to as the non existing 1.10.4) clearly have to do with Money Laundring.
Here is the fulll 10. Money Laundring section:
10. Money Laundering
10.1 The Affiliate may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.
10.2 It is recorded that some jurisdictions in which Gnuf operates have strict laws on money laundering that may impose an obligation upon Gnuf to report the Affiliate to the federal or local authorities within such jurisdictions if Gnuf knows, suspects or has reason to suspect that any transactions in which the Affiliate is directly or indirectly involved, amongst other things, involves funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Partnership Program or Gnuf’s Products or Gnuf’s Websites to facilitate criminal activity.
10.3 If Gnuf has any knowledge or suspicion envisaged above it may:
10.3.1 Immediately suspend, deregister or terminate the Affiliate’s membership of the Partnership Program; and/or10.3.2 At Gnuf’s absolute discretion, not pay the Affiliate any funds due to the Affiliate as Commission.
10.4 Gnuf reserves the right to report the Affiliate to the aforementioned federal or local authorities should Gnuf, at its absolute discretion, determine that it is obliged, by law, to do so.If there still is anything that needs to be clarified please do not hesitate to contact us.
All the best,
Gnuf.biz
Yes, that is quite understood – and I believe was mentioned to Gnuf. However – since the term uses ‘absolute discretion’, it is possible to use this term outside of the parameters of the numbering system.
We had only asked to have the term clarified and sometime back were told that it would be amended to clarify that the term only applies to money laundering.
Thank You and our apologies for the mis-understanding.
I am a bit confused about this post because I have been working really close with Johan for several months on this matter.
Our terms and conditions have been carefully crafted to ensure compliance with international best practice affiliate program standards. We believe that our program is conducted on a more than fair basis and that our terms and conditions are applied consistently and responsibly. There are naturally cases where we, like any other affiliate program, need to reserve the discretion to act on our own accord and decisively. One such case is where there is evidence of money laundering or other criminal activity, which no responsible operator would tolerate, hence clause 10.3.2 which seems to have been either misunderstood or unfairly criticised. We cannot fathom why anyone would consider the non-payment of affiliate commission in circumstances where there is strong suspicion or evidence of criminal activity?
Similarly, we believe it entirely reasonable to reserve absolute discretion to report details of Affiliates in circumstances where we are legally obliged to do so. Having said that, we are not aware of any affiliate program ever having done so nor of any order of the nature envisaged having been successfully obtained by any enforcement authorities.
As a final word, we must say that we will not be drawn into constant debates about our terms of business but on this occasion as a sign of goodwill to our existing and hopefully future affiliates wanted to clarify the obvious misunderstanding of our terms and conditions which has led to our terms being unfairly and wrongly labeled as ‘predatory’ or ‘alarming’.
All the best,
Gnuf.biz
Gustav,
We only evaluate Terms and Condtions, we do not write them. We have given a perfect explanation of our reasoning to Johan and he was taking care of things on your end. We are not unfairly accusing Gnuf.biz, just asking for clarification on one term which can be as simple as:
10.3.2
At Gnuf’s absolute discretion, not pay the Affiliate any funds due to the Affiliate as Commission upon notification of money laundering and other illegal activities.I agree that ‘Predatory’ may be too strong a term in this case and I will only mark those terms down as ‘Warning’ with an explanation of what the warning entails.
Again – this is a fairly simple change which only clarifies your terms and conditions. Most programs have made such simple changes.
