Sirs,
Following our investigation into your claim for sum of $1747, we would like to say the following:
1) It is plain incorrect to state as fact that Gamingpromo/City Club Casino “will not pay you commission if for one month you stop bringing them players”. This quota used to exist in the old terms of service because this plan does not have a negative carryover. Currently the old terms of service applies for all affiliates who have signed up before 13th November 2008 and who have not explicitly opted for the new terms of service. The following mail is an explanation of why this is the case with your account specifically. Affiliates who signed up after November 13th 2008 are enrolled under the new terms of service that does NOT have the minimum conversion quota.
2) You have stated in previous email that Noemie has offered you a special deal in November 2008 and that you replied by email and agreed.
We have retrieved all of Noemie’s archived email communications with you. Your conversation with Noemie went as follows:
a) On 10th November, Noemie offered you a new arrangement,
specifically mentioning that this arrangement is available to you
if you resume cooperation. Your only reply to that was “Now we are
talking.” Noemie then informed you on the same day that she will
adjust your account according to the new arrangement so that the
new terms of service become effective whenever you resume your
traffic campaigns with us. She also asked you what kind of
materials (creative etc) you require to restart the mailing campaigns.
b) You have replied on 11th November that you are too busy and that
Noemie should contact you by next Wednesday.
c) On 16th November Noemie has emailed you again, letting you know
that she would like to meet you in Paris within two weeks, and
also turned over the contact information for her successor Nir
Katshal. You have never replied to that email.
d) On December 12 Noemie has emailed you again, laying out the
specifics of the proposed deal, and specifically mentioning that
she awaits for your reply. You have never replied to that email.
During the email interchange, it was specifically mentioned by Noemie that the new arrangement is conditioned upon you resuming your email campaigns which have been effective in the past (we are talking about 200+ players monthly). Since then you have done no such thing, and the new players coming from your affiliate account since November vary from 0 to 1 players per month, which is indeed very far away from 200 players. We are forced to consider your affiliate activity for players
you have sent since November 2008 as residual traffic, and not an outcome of your normal email campaigns.
We are unable to locate any communication in which you agree to the new arrangements, and we are unable to say that you followed the conditions that Noemie attached to the offer regardless of whether there was a bilateral agreement between Noemie and you or not. We will gladly publish the email conversations (in French) should you wish us to do so.
Please send us any relevant documentation in your possession that shows
a) That you have explicitly consented to the offer Noemie made
b) That you have followed through on the conditions specified in the offer
3) We are not sure specifically how you arrived at the sum of $1747.
Please show us how this sum was calculated, and specifically what
periods it covers.
4) Under the assumption that out position is true and there is no mistake of fact or judgment, you are entitled to affiliate fees under the pre-Nov 2008 terms of service as per
cityclubcasino.com/external_adv/_terms.php section 4.3: “We will pay your fees on a monthly basis on the basis that you have referred at least 1 new depositing player during the payment month.” We have paid you on the basis of these terms for every single month in which you brought at least one player. It follows that your claim of $1747 belongs to the months in which you have not sent any
conversions our way. You are not entitled to affiliate fees for these months as you waived that entitlement when you initially signed up with Gamingpromo 2007 under the old terms of service, as you have certainly enjoyed the benefit of no negative carryover arrangement.
From where we stand, it appears that you are mistakenly interpreting Noemie’s offer to you as a deal that was closed and done, and on top of that you have not followed through on the conditions attached to said
deal. It follows then that unless you are able to explain us where the $1747 fee comes from and at which exact point of time you agreed to Noemie’s offer and at which exact point of time you followed through on the conditions of said offer, you are still bound by the original 2007 terms of service and therefore you are not entitled to the $1747 fee you claim.
That notwithstanding, we would like to prevent chance unpleasantries and we therefore ask you to examine this response and let us know if you believe we are wrong in our recollection of facts our application of judgement. We reserve the faith that the whole matter may be an instance of miscommunication.
NB: We would like to assure our affiliates that the speculation the original poster makes in this post (namely that Gamingpromo may be “in financial difficulty”) are plain untrue. In fact, Gamingpromo has been and is actively recruiting new people, since our business is going upwards and not the other way.