“UltimateBet derives revenue from players who establish real money accounts and play real money games. When a real money game is played, the house is paid rent for the table, commonly referred to as the ‘rake’ (rake is taken as a percentage of the amount of money played during a hand of poker).”
This sets out the priniciple that we are paid a commission based on what our players pay to play.
Whether their “rent for the table” is by actual rake fee or tournament fee is irrelevant.
Your agreement itself says that “rake” is just a term commonly used in the industry to call what the above is. Ie player fees to play.
Your agreement never said we weren’t paid for tournament fees and as this is in fact a very material perentage of earnings as others have posted on we are due this money.
Under any reasonable interpretation of your terms we are due (based on our volume) a percentage of all the profit from our players.
You are no more free to keep tournament fees all for yourself than you would be to start slot games and pay 0 affiliate commissions on these.
If I accepted your argument that just because it’s not rake you don’t have to pay then you wouldn’t owe us anything for blackjack or any other game you introduced.
So from a legal and just plain fairness point of view you still owe us and I repeat my request for back pay for affiliates.