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When I noticed that I had not been paid for September from Victor Chandler yet I inquired as to where the payment was, I was then told that my commissions are being withheld “due to lack of referrals”. My account has been open since about 2006 and most of the players were sent prior to the imposition of any term that required new players to be sent in order to receive payment for old players.
I’ve never accepted any term that requires new players to be sent in order to receive commissions on players that I’ve already sent.
So the term they have used to deny me payment is an illegal retroactive term that has no effect.
I have had detailed discussions with my commercial attorney on this in the past and it’s a well established precedent that one party cannot unilaterally change an agreement retroactively without the other sides consent. Further clauses that one party can change an agreement at any time are simply legally meaningless as if they weren’t, any agreement would be meaningless.
I have written to Victor Chandler and pointed out how the denial of our commissions is based on an illegal retroactive contract change and they still maintain the position we are not due anything for our September commissions until we would meet some vague requirement to send in new players – and since this is based on an illegal retroactive change that’s an unacceptable response.
I then pointed out that if they continued to refuse the payment I was entitled to there was no choice but to go public to the industry forums with this matter.
I was then promptly informed that my account was closed!
Apparently under the grounds that posting to a board violates the agreement! Such actions are highly unethical and make a mockery of this program being a certified sponsor here!
How can one be a CAP listed sponsor here, if the program can terminate any account that speaks out against the program when it is treated unfairly and contrary to its legal rights?
In any case, my having to post this was only necessitated by their breach of failing to pay me the commissions I was legally entitled to in the first place.
I thus ask CAP to formally investigate this matter of my improperly withheld commissions.
Hi there,
Please PM your username to Brooke and she will look into this with you through their Head of Affiliates.
BR,
WarrenHi Tovery,
I understand this was resolved, but I want to make sure. Would you be so kind as to give us an update?
Hi Brooke,
I have been told that we will receive our withheld payment in two weeks.
I will update when our payment is received.
I had recommended that the “continued promotion” term be removed. At the very least I asked to be made legal so that it didn’t apply retroactively. No firm answer on that so it’s quite possible this issue will resurface down the road…
Do thank you for your assistance.
To update, our payment was sent. Thanks CAP!
