Whats next frank, a player comes out $5k winner 3 years ago, then comes back and losses $1k after 3 years elapsed. Your not gonna pay? Does your terms and conditions reflect that you will only pay out commissions if you are in the black with a player. In my opinion you are asking the affiliates to carry the risk of losses with a player and that is not the way this system is set up. Why anyone would promote a casino with these kind of terms for thier affiliates is beyond me. There are better places to promote. Although I do understand from a business standpoint how you do not want to pay out commissions on a player you havent made a penny from. I find it disconcerning to read your response to this, and then read what is in bold in the paragraph below from your t&c.
We will pay you a 25 – 35% commission based on the Adjusted Gross Revenue generated by each customer that is linked from your site to any of the participating Focal Click online casinos. Negative balances (your referred customers win during the month) will not be carried over to the following month. Negative balances will default to zero at the beginning of the following month in order to give you a fresh start for the month provided you have at least 3 separate distinct and unique players playing for that month. It is at the management’s discretion to review accounts on a case-by-case basis and recalculate earnings if there are more than 3 separate distinct and unique players playing for that month if circumstances deem necessary. If your customers lose money in one of our properties, but win in another, you will still earn your commission based on the Adjusted Gross Revenue of the property in which your customers lost. If you have an ECash Direct account with ECash Direct (UK) Limited, your earnings will be credited to your ECash Direct by the 15th day of each month. If you don’t have an ECash Direct account, your check will be in the mail by no later than the 15th day of each month. Please note, we will not mail checks until you have earned at least $250 in referral fees. Referral fees will be based upon our good faith calculation based on our statistics.
Edited: I must also add that after reading again the paragraph above, its possible becuase the affiliate did not have 3 players for the month, that focal may have been within their right not to pay only if the affiliate did not have 3 active players during the month in which the losses by the players in question were incurred. However too many affiliates are having problems here and where there is smoke there is fire.