Interesting thread!
I am not sure that it relates to quotas all the way – Like Stupid said above. But still interesting.
Renee’s clause is something I have seen lots of places and don’t see as objectionable at all. I don’t see any fraud clauses as objectionable, as long as it it not a blanket clause that affects innocent affiliates. Like I said before, you (the current aff manager) may apply that clause only to fraud, but there may be a future change of management who thinks differently. With the blanket clause already built in, it’s an easy thing to enforce it when times are not so good.
So installing a blanket clause with the promise that it won’t be used except in specific cases is not acceptable. You just have to be more specific.
As partners, I don’t want you to get screwed, and you don’t want me to get screwed, we want each other to be healthy, wealthy and happy so we can perform at peak levels and generate good money for each other. That should always be kept in mind, no matter what issues we all run into. Without that principle we don’t have a healthy industry.
Now, about quotas again. So over the course of the years, I send you enough good, solid, long term players to generate a decent revenue for both of us. Now you install a quota.
This means you now have me by the balls. If I don’t send x players in x time I won’t be paid for services I already performed. Whether I can meet the quota or not doesn’t matter, I don’t like to be dictated who gets featured on my site at what time. It’s extortion, plain and simple, and whether I have the money to pay or not, I refuse to submit to extortion.
The place with the quotas also hurts all the rest of the affiliate programs, now it doesn’t matter how well they perform, I have to give the space to the quota place or lose out. Years of my work are at stake.
Now, anyone can add whatever clauses they like at any time. Affiliates can decide if they like it or not, and choose to promote that program or not. But applying a clause retroactively is a no no. It’s breach of contract. There are basic laws about conducting business anywhere in the world, and contract law prohibits breach of contract anywhere.
People always think that because online gambling is a grey area in many jurisdictions, they are immune to law suits and can breach contract whenever they like. Not so. There are lots of jurisdictions where this can be pursued. If enough affiliates get screwed, we may have to set a precendent for the industry. If we don’t, next thing you see is everybody scrambling to install quotas to tie down their affiliates and keep them from promoting others. At that point I would feel like I am dealing with the Mafia instead of partners.
So this is a very serious issue. Vegas Affiliates is about to launch a quota. This is now the second Microgaming program to stab affiliates in the back.
It leaves me wondering who’s next and who, if anyone, I can trust with my players anymore. Maybe I should cease to be an affiliate and only offer flat fee ads through a bidding system.