This only answers one question we asked, and so solves only half
of the problem. My understanding is that you took the TLR number
from May as is, and produced your own TLR number by multiplying
positive NetG by 35%. Indeed, you did not receive these payments
because you did not send any new players our way in months of May
and July.
This gets us back to the question of agreements. In November 2008
Noemie approached you with an offer to remove the monthly new
player quota and with 40% revshare commission. The question is
not whether Noemie did that – we know she did – but whether you
agreed to this offer, and if you did so, whether you complied
with the terms of the offer or not.
These are the facts as they are laid out before me: you have
effectively ceased working with us by the beginning of 2008. The
removal of minimum monthly quota as proposed to you by Noemie, on
which your claim of $1913 is based, was offered to you so that
you continue sending quality traffic in amounts (and this is why
Noemie’s sentence on this matter begins with “if”). You have
never accepted this offer and you have never continued to send us
quality traffic – or any traffic if we are to look at your stats
this year. Nevertheless you are acting as if you did agree to
this offer and as if you held your end of the bargain.
Once again, we will have to conclude with questions:
1) Was the offer Noemie extended to you in November conditioned
upon you actually sending us traffic, yes or no?
2) Did you accept this offer, yes or no? When and how?
3) Are you aware of the explicit obligations attached to it, yes or no?
4) Have you fulfilled these obligations, yes or no?