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All,
Your feedback made it very clear that the biggest issue was for the clause in question being too open to interpretation, especially considering the possible RETROACTIVE enforcement that would affect players sent under the original contract affiliates signed under.
To bring some clarity to this, we have added the following:
“Player accounts funded prior to November 23, 2006, will continue to accrue revenue for the lifetime of the affiliate agreement.”The retroactive enforcement was never intended, but we do understand it needs to be there in writing as well. Hence the addition.
TO BE CLEAR:
We regret this update came to light prior to us messaging it to our affiliates.
it was NEVER our intention to “sneak in” anything.
It is just NOT the way we handle things.
Again, I apologise for the misunderstandings and incorrect interpretationsSimon and myself will always be there to help affiliates recruit more players.
Strict enforcement of this particular rule is not what we look to do; we DO look for consistency in our affiliates’ efforts and will help where needed to achieve this!We are currently revamping the VIP Profits site as well, bringing in more tools, tips and stats for Casino, Poker AND sports affiliates.
All geared to making it easier for affiliates to bring in players and make more money.That has always been our perspective.
Thanks again for all your feedback!
I know we have learned from this and hope you also understand that we will always act fairly and respectfully.
Thank You Mario. This is great news. We certainly appreciate your efforts on this issue and look forward to a profitable new year with VIP Profits.
To reiterate, VIP will continue to pay affiliates for the life of all players acquired prior to November 23. Is that correct?
Good to hear Mario, I knew VIP would honor their contract, I hope this puts this issue to rest.
Brian
To reiterate, VIP will continue to pay affiliates for the life of all players acquired prior to November 23. Is that correct?
Correct, VIP will continue to pay affiliates for the life of all players acquired prior to November 23, 2006
Ok, so the new T&Cs apply to all affiliates, regardless of when they signed up, but they do not apply to players aquired earlier.
For further clarification, then all players after November 23rd are subject to the new rule, and any income derived from new players COULD be witheld if it was so decided by VIP in the event that the player quota established by the new rule is not met?
Is that about the size of it?
If so, it’s not great, IMO, but it’s not unethical anymore either with the change you made. I offer appreciation for that.
I don’t see a problem for us personally, but I can see it affecting newcomers, or less active portals.
It will force some people to make an, “all or nothing” decision on whether or not to promote you, however,…. if you feel like you will save more on the new rule than what you will lose in new webmasters, or the promotion by smaller webmasters, then I suppose it makes sense for you.
That’s the only way I see this rule benefiting VIP.
I don’t think it’s a particularly good idea to chase off newcomers with that rule, but I’m not privy to the actual numbers you are working with either, so it’s hard to say.Well, it is still a breach of the contract affiliates signed up under.
The old contract with the affiliate is in effect terminated and now will be restarted under the new T&Cs.
The only thing that changed is that previously sent players will not be affected.
I hope this does not become another precedent encouraging other programs to change the rules concerning existing contracts at will.
Well, it is still a breach of the contract affiliates signed up under.
I don’t agree. It was before probably, but not now.
We may modify any terms and conditions contained in this Agreement, at any time and in our sole discretion, posting a change notice or a new agreement on our site.
I don’t like the new rule either, but it is no longer a breech.
They are honoring the agreement up to the day they modified the agreement, which they have the right to do. {Above quote}People need to decide now whether they can meet the requirments of this new rule, or whether they need to make changes to avoid the potential risk.
It’s just business at this stage.It sucks,..but it’s above board, and within their rights to make the change. JMO.
It is a breech just like Dom said, I thought it was cool then I went and read this change again and it is still a breech, please read it slow and take it all in.
You can still be denied your earnings based on your performance as an affiliate!
The clause about modifying the agreement is in every contract under the sun and entirely unenforcable.
We went through all of that last year.
With that clause, there is no actual contract at all.
There are three types of affiliate programs in this industry:
1) The ones that just don’t givva damn…
2) The ones who pretend to givva damn…
…and…
3) The ones who actually listen, care, and respond.
We all can see where VIP Profits fits into that list. And now we know who we should want to do business with in the future. :thumbsup:The clause about modifying the agreement is in every contract under the sun and entirely unenforcable.
Say’s WHO?
For that matter, I’d like to know of just one person that has ever actually filed a bonafide lawsuit against a casino affiliate program.
I’d like to see it, and read it.The simple fact is that there is nothing truly enforceable, and never has been.
It’s all about honesty, and ethics as I mentioned earlier.
These guys are honoring their agreement, ENFORCEABLE, or NOT.They are also excercising their right to change it going forward.
Affiliates can NOW excercise their right to promote, or not to promote going forward, and not lose the players, or revenue they accumulated up to the date of the change.
Again, while it may suck, it is not outside their right, and nobody is getting screwed out of their exsisting player bases since the new rule does not affect a thing prior to November 23rd.
I won’t defend the new rule, but I would defend their right to make the changes they feel they need to make for THEIR business, as long as it doesn’t affect the players obtained prior to the change.
They have drawn no blood here. Perhaps they have made a poor decision, but the choice has been left to each affiliate as to whether to stay, or go without being penalized, or screwed on their exsisting players.
That’s fair, IMO.The contract has been breached.
It is now invalid, and if anyone wants to continue promoting these folks, they have to do so under a different contract.
Yes, it was amended so not to screw people out of earnings prior to the breach.
I sure as heck hope we don’t see another avalanche of this.
Guys this change to the terms and conditions is no longer a breach of the previous agreement. I worked with Mario to clarify that. VIP Profits has modified the change so that it is NOT retroactive. You will be paid the agreed upon commission for the life of your players.
What we wanted was for the agreement that affiliates signed up under initially to be honored and VIP management has modified the NEW terms and condition to satisfy that request. This is a very positive move.
Ok thats the good news.
The bad news is the NEW terms and conditions are in effect for players brought in after November 23rd. You have two options:
1. Continue to promote VIP profits. The program wants you to succeed and will continue to provide the same great levels of support they always have. Mario and Simon have both indicated that they will work with you on a one to one basis and its highly unlikely that the new clause will have any effect on anyone promoting them.
2. If you decide you do not feel comfortable working with VIP Profits under the new terms and conditions then its your option to promote another brand. VIP Profits will continue to honor their affiliate agreement and pay you on the activity of all the players you have acquired up until November 23rd 2006.
Each of us will have to decide which option they choose to go with, but I am happy that VIP Profits was responsive to our requests and modified the terms and conditions so that they were NOT retroactive. I would suggest everyone take that into consideration when making their decision.
Personally I dont like the new terms. I think its always better to motivate affiliates through positive promotions, but I am keeping an open mind on how all this turns out and am giving Simon and Mario the benefit of the doubt because of their past performance.
Well it’s a crazy rule.
In the end, if every firm wrote this rule, you’d all have not a leg to stand on when they 1 by 1, pick off affs who never sent 3 players in the set timespan.
It’s unworkable for any aff. You might aswell all go CPA.
