Ok, so according to WagerShare, these terms are NOT retroactive:
We actually haven’t changed the terms and conditions, we have just added to them for new affiliates.
The above are the oldest terms listed on archive.org and point 4 refers to active affiliates, and is currently listed in the live terms as 5.3.6
The other term 5.4.8 only applies to affiliates who signed up from August 2012, and no one before.
I am not a direct WagerShare affiliate so could someone please confirm this?