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Is there anything in a contract that says they can do this on the basis claimed please?
There is but heir site has changed and I am not sure if the previous agreement included this particular section. The T& Cs are at http://www.affiliatebingo.com/terms-conditions/, and the paragraph in question is:
3.4 Affiliate accounts which have not actively been promoting the game/site or affiliate accounts with less than 5 created and funded player accounts in the last 30 days can at the discretion of management be disabled and any pending payments forfeited.
Here is the email I sent them:
The brands were promoted in December and January on our sites hence the figures displayed on your system before the payment request. You actively removed any trace of our traffic which demonstrated that we were actively promoting the site. Why???
Secondly, when did you actually discuss this with us??? We do not have any notice. You did not provide us with any notice as per point 16 and point 17.2 of the agreement. Having said that, your agreement is breaching many of the European fair and standard trade rules. It consequently has very little weight in any European courts.
Furthermore beside the legal part which you quickly highlighted, It is totally outrageous that you hold our payment generated from the players we sent you (Traffic that we have worked hard to generate and traffic that we have paid for). In 15 years in the gaming industry I have never faced such an unethical action from any brand I have covered.
The only reason we temporarily disabled your links in a first place is because you were not paying what was owed to us on time and you continuously delayed payments and refused to reply, giving us no alternative but to temporarily disable your links. Actions which were taken after numerous emails sent to you regarding outstanding payments, system and stats issues which you ignored at the time. Each time payment was received all links were re-activated. I have kept a copy of all emails sent and received to you since our joining date in 2010.
Where are they based please?
Does it have a date on the terms?
I cant see any date no
And you are in the UK I assume?
Does it say which country the contract is governed by please?
Yes I am
20. Governing Law This Agreement shall be governed by and construed in accordance with the laws of The Republic of Cyprus.
Its bad news then I am afraid.
This means although you may well have a claim and from the sounds of it you do - you will have to sue in Cyprus and not the UK.
Therefore you will need to instruct a lawyer and issue proceedings there.
I can't tell you about their legal system as I really dont know. I would assume it is similar to ours.
But without any doubt you would be required to issue proceedings there.
I cannot understand how they can simply stop paying revenue share from players previously sent to them. It would be too easy to generate new players and then not getting paid because they decide not to.
No I agree, just because it is inactive does not mean you haven't done the work before.
Therefore I agree, I do think you have a claim
Is there anything within the European law which would rule their paragraph out?
But sadly you have to issue proceedings in Cyprus
Its a contract to which you and they have agreed.
The same if it was governed by UK law, you would have to issue here.
But you agreed to their terms so it has to be there
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
CAn I clarify anything for you about this today please?
I hear you and understand but I do not recall agreing with this particular section.
They may have changed the wording
Anyway thank you for your time and answer
I doubt they have changed the jurisdiction section, this is standard for online gaming
Cyprus is a popular place for licences and operations.
Therefore you are stuck with that.
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I am just baffled that such an agreement can be re-enforced by law
I agree the terms are not fair.
But its down to the Cypriot legal system not UK law sadly.
Final question, in your opinion, would the UK system re-enforce such an agreement or would it rule it out as unfair trading?
If it was based in the UK and UK legal system I think there is a reasonable chance a Judge would rule it as unfair.
ok thank you for your assistance and patience.
No problem all the best and remember to leave feedback before you go today