However, a change to the agreement that is retroactive is a whole other matter, and likely would not be valid, under Canadian law… absent some reasonable compensation for such changes, I would argue the changes are invalid on the grounds they lack consideration and are unconscionable.
Such retroactive changes as we have been discussing are thus not legal. Canadian law is based on English common law and he said this would be the same conclusion pretty much anywhere else in the world.
This means terms that introduce new requirements such as x new players a month must be sent to receive full commissions or that negatively cut the commissions we are due are simply not allowable changes.
And for the record I asked him for a straight up answer good or bad, not an answer that would support a position favourable to affiliates.
Very interesting. The Meister has asked FA to come forward on their lawyers comments prior to the change. Should make for even more interesting reading. Wonder if the other programs that dd a similar thing will chip in too…haha..likely!