The program I’m talking about has no such clause. I believe the solution would be for them to pay up past and present disputes and add a clause to their T&C’s to avoid future confusions.
Agreed, although affiliates who joined under the “no neg carryover” clause will be at a disadvantage, they signed up for this and now it is negated. If they have loyal players at this program, they are stuck with a broken contract.
The program needs to talk this through with existing affiliates and find a solution.