Tim, I know you are a good guy and you treat your affiliates well.
But this clause is an evil thing that lends itself to abuse very easily and gives any program carrying it way too much discretion over paying people for the work they have already delivered.
If a person sends you a player, you are to pay them for it. You don’t just suddenly decide not to, for whatever reason.
While you personally have handled this in a decent manner, this clause is a very bad thing and I still need to impress on new affiliates that it leaves them defenseless and at the programs whim.
If we refer a player, you owe us the percentage promised. Regardless. That is just good business.
So, while this is in no way personal and I don’t doubt your personal integrity, this clause is bad news all around. Affiliates work for free, get no health insurance or pension, sick pay ot anything at all from the programs. All we have is the promise that we will get paid for our work.
Take that away, what have we left? How are fathers and mothers supposed to take care of their families?
You have had this clause quite a while (shame on me for not noticing sooner) and so there is no legal breach of contract. Just a lack of trust and security.