How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Dear Sir/ Madam, I run a gaming Affiliate business in the UK.

Resolved Question:

Dear Sir/ Madam, I run a gaming Affiliate business in the UK. The model used is a commission based model whereby we generate traffic to a brand and once a user decides to play we get a revenue share. One of the brand we cover is refusing to pay revenue share from users we have generated in the past, on the basis that we have not generated new accounts for over 30 days. Are they legally allowed to do so?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is there anything in a contract that says they can do this on the basis claimed please?

Customer:

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:

Customer:

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.

Customer:

Here is the email I sent them:

Customer:

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.

Alex Watts :

Where are they based please?

Alex Watts :

Does it have a date on the terms?

Customer:

Cyprus

Customer:

I cant see any date no

Alex Watts :

And you are in the UK I assume?

Alex Watts :

Does it say which country the contract is governed by please?

Customer:

Yes I am

Customer:

20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of The Republic of Cyprus.

Alex Watts :

Its bad news then I am afraid.

Alex Watts :

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.

Alex Watts :

Therefore you will need to instruct a lawyer and issue proceedings there.

Alex Watts :

I can't tell you about their legal system as I really dont know. I would assume it is similar to ours.

Alex Watts :

But without any doubt you would be required to issue proceedings there.

Customer:

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.

Alex Watts :

No I agree, just because it is inactive does not mean you haven't done the work before.

Alex Watts :

Therefore I agree, I do think you have a claim

Customer:

Is there anything within the European law which would rule their paragraph out?

Alex Watts :

But sadly you have to issue proceedings in Cyprus

Alex Watts :

No

Alex Watts :

Its a contract to which you and they have agreed.

Alex Watts :

The same if it was governed by UK law, you would have to issue here.

Alex Watts :

But you agreed to their terms so it has to be there

Alex Watts :

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

Alex Watts :

CAn I clarify anything for you about this today please?

Customer:

I hear you and understand but I do not recall agreing with this particular section.

Customer:

They may have changed the wording

Customer:

Anyway thank you for your time and answer

Alex Watts :

I doubt they have changed the jurisdiction section, this is standard for online gaming

Alex Watts :

Cyprus is a popular place for licences and operations.

Alex Watts :

Therefore you are stuck with that.

Customer:

I know

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

I am just baffled that such an agreement can be re-enforced by law

Alex Watts :

I agree the terms are not fair.

Alex Watts :

But its down to the Cypriot legal system not UK law sadly.

Customer:

Final question, in your opinion, would the UK system re-enforce such an agreement or would it rule it out as unfair trading?

Alex Watts :

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.

Customer:

ok thank you for your assistance and patience.

Alex Watts :

No problem all the best and remember to leave feedback before you go today

Customer:

Will do

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice