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Reply To: Breaking news expected

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#671698
Anonymous
Inactive

Ok everyone. The deadline is fast approaching. But I am already resigned to the fact that we will have to take action against the two largest programs, Fortune and Referback.

I am gathering the remaining little bits of information as I speak – any of you who have the previous T&Cs please post in the other thread so I can get at it from one place.

Those of you who have graciously offered to assist with legal costs, I will be contacting you soon with further information. I am hopeful that we won’t need to spend much as I smell lawyers ready to fight tooth and nail to get these cases on contingency – but better to have some resources ready to go just the same.

Anyone who wants to ask their lawyer about the issue at hand, this is the question:

Quote:
In a situation where Party A unilaterally makes a change to that contract with respect to the calculation of commissions on players delivered by Party B, and for which Party B clearly has a vested interest, and this change and calculation is clearly to the detriment of Party B, and Party B has not assented to this change, which party would be likely to prevail in a court of law in (choose appropriate location)?

You can choose any location you like, but I am reasonably certain that, with the right amount of proof, the answer will be the same in nearly every instance – and we really only need one judgement to deliver the message.

Lastly – your magic words from here on in – and make sure everyone hears you saying it:

One magic word – AUDIT – what every business, including affiliate programs, should be subjected to.

Two magic words – VESTED INTEREST – meaning you have a a right to be notified and consulted any time a change to this VESTED INTEREST (players) is made which will negatively impact your interest.

Three magic words – UNILATERAL RETROACTIVE APPLICATION – means you got screwed in the rear without your permission.

The first one is potentially the most powerful – the very LAST thing these programs want is to be AUDITED.

The other sets of words are the words which will ultimately deliver the judgement in our favor.