Hi there
We have read and noted all your concerns with regard to the changes we’ve made to our Terms and Conditions and would like to make an official response.
With the launch of our new casino commission models, You can choose to move onto any one of our new Commission Models at any time, between 1 August, 2005 and October 30, 2005. Note that to allow us to accurately migrate you from one deal to the next, your new commission deal will only take effect on the 1st of the following month. Alternatively, you can remain on the Classic Casino Commission Model.
These new Commission Models which were launched on the 4th of July, resulted from a strategic business model and cost structure review which Referback undertook during the first quarter of this year.
To make these great new offers viable for all parties, the Terms and Conditions had to be tailored to meet the needs of both the affiliates and the business and are in keeping with good business practice across the online gaming and affiliate industry.
The expanded and adjusted Terms and Conditions now include the following clauses:
– Commission Schedule
– Intellectual Property
– Affiliate verification
– Termination
Addressing the ”Retro-active” concerns
The changes to our Terms and Conditions are not Retro-active. These Terms and Conditions only apply as of 1 August 2005 and onwards.
Addressing the definition of an “Active Casino Customer”
With the creation of the Belle Rock Gaming Group, what was once a number of individual brands, were brought together under one brand to form a true online gaming powerhouse.
The housing of these brands under one endorser brand also necessitates the management of these brands as a singular group. This allows for a greater unified presence in the online gaming arena and ultimately enhances the player experience. This in turn will result in positive outcomes for our affiliates and casinos alike.
It also means that the definition of a new player has been adjusted to reflect a new customer for the Belle Rock Gaming Group, as a player who is deemed as active when they make their first unincentivised purchase.
This is due to the fact that the first purchase made at a casino is heavily incentivised (for example they Purchase $50 and Get 200 credits Free) and therefore leaves the casino with a negative revenue. A player who makes a purchase without needing to be incentivised is a valuable player for both you, the affiliate, and the casino.
The above means that you will be earning commission on players who are actually spending money and not hunting for free bonuses. In addition, you will earn commission on your customer across all casino brands within Belle Rock Gaming at which they play.
Addressing the “Lapsed Customer” clause
This is not a retro-active change. We know that if a Customer has not purchased nor played for an extended period of 6 consecutive months, there is no chance that they will return to the casino. On the positive side, should you manage to re-active this customer, you will earn commission as per the Casino Commission Model that you are on.
Addressing the “Intellectual Property” clause
Our Merchants advised us that we need to actively protect their Intellectual Property and Marketing Material, namely that of the Belle Rock Gaming group of online casinos and online poker brands. Protecting the Intellectual Property of our Merchants also extends to the usage of Derivative URL’s, marketing material and the marketing of these brands. Carmen Media and Belle Rock Gaming’s request to ReferBack and to you is to use your best endeavors to ensure that the reputation, goodwill brand equity and proprietary rights that vest in the Intellectual Property are protected, maintained and wherever possible, enhanced for the ultimate benefit of the Merchant and its licensors.
Below is a brief explanation of the usage of derivative urls
url]www.riverbelle-slots-online.com[/url]
The above url is a derivative url as it mentions River Belle, however this url is not classified as a Prohibitive Derivative URL. An example of a Prohibitive URL would be:
http://www.riverbell.com
http://www.riverbelle.co.uk
http://www.riverbelle.ca
http://www.riverbelle.tv
http://www.riverbele.com
etc. etc.
Confusingly similar is the guideline.
In terms of the sale of the url: http://www.riverbelle-slots-online.com, the affiliate simply needs to inform us that he/she owns the url and should the affilaite wish to sell the url or the url is about to expire, we would like to know about this so that we can register the url in the name of Domain Escrow Services.
In terms of the usage of the url: http://www.riverbelle-slots-online.com This url can resolve directly to the main http://www.riverbelle.com site or the affiliate may advertise River Belle in any manner as he/she wishes as long as he/she adheres to our IP regulations as set out in the IP Manuals.(as yet not published)
This derivative url may not be used to advertise competitors or any other non-related brands, thus protecting the goodwill and equity of the brand.
Addressing the ”Affiliate verification” clause
ReferBack complies with the internationally accepted KYC (Know Your Customer) Policies and the general guidelines and policies as set out by e-Cogra.
These policies are in place to protect everyone in the industry including ReferBack from any unlawful activity, such as money-laundering and the transfer of funds for fraudulent or terrorist activities.
Preventative and detective controls addressing money laundering and fraud risks shall be implemented according to the relevant points as set out in the Financial Action Task Force (FATF) guidelines.
Addressing the ”Sale of A Business” clause
These Terms and Conditions are there to protect you as the seller. And to allow you time to notify us of your intention to sell your domain to a third party.
In the past the buyer has notified us of the transfer, yet you as the seller have not. This has placed us in a very uncomfortable situation with the buyer, with whom we may not have a trust-based relationship. It also resulted in us not knowing if we can pay any commission due from this site/business to the buyer as in our knowledge the site still belongs to you, the seller.
In closing, we do recognize that you may have concerns with the changes that we’ve implemented. Should you have any further questions, please contact your Affiliate Relationship Manager.
Best Wishes
Nicolette Tsombanellis
On behalf of ReferBack
P.S. Wayne is currently out of the office, in bed with the flu. Hopefully, he’ll be feeling better by tomorrow.