BeAffiliates changes Jurisdiction, adds rakeback, and more

Terms spidered on January 24th, 2013 06:01 AM

SUMMARY: BeAffiliates (ROGUE PROGRAM) updates their terms and conditions by adding a rakeback clause, territory restriction clause(s), rakeback, minimum activity rule, and more.

Commission Structure Moved

1.4 Commission Fees means the sum payable to you calculated on the Net Revenue Basis (as set out at Clause 4.3 belowhttps://www.beaffiliates.com/reward-plans-com/) or as may have otherwise been subsequently confirmed to you in writing. If we notify you of a different commission structure in writing, that commission shall, once agreed, take precedence over that published at Clause 4.1 https://www.beaffiliates.com/reward-plans-com/ from time to time;

Add / Remove Properties
1.8 Sites means any one or all of the following: http://www.montecarlocasino.com, http://www.expekt.com, http://www.betclic.it, http://www.betclic.com and http://www.everestcasino.com, http://www.everestpoker.com, http://www.everestpoker.net, everestcasino.net, http://www.imperialcasino.com and any other website which we may notify you in writing from time to time in respect of the territory or the product which we have mutually agreed you shall promote;

Active Players – Country Restrictions

3.2 Tracking of Active Players: We shall register suitable New Customers, and track your Active Players bets and plays making available to you a report summarizing their activities, which you can access from this website. Please note Active Players accounts may be terminated by us on a per country basis in the event that we no longer wish to promote our Sites as we may determine in accordance with our policies, applicable law, and the relevant Terms and Conditions from time to time. The corresponding Active Players shall be removed from the tracking associated with your account.

Territory Restrictions

3.7 Prohibited Jurisdictions:You shall not be eligible to earn any Commission Fees in any jurisdiction in which we have decided, at our sole discretion, we do not wish to market the Sites. An updated list of the Prohibited Jurisdictions from time to time to time may be found at the following link: https://www.beaffiliates.com/legal-matters/
Note however that this list is not exhaustive, and that it shall be your full and sole responsibility to assess whether your marketing activity in any jurisdiction is legal, and in full compliance with any advertising laws, ethics or morals or other acceptable codes of conduct. Note that there are a number of other jurisdictions (which may differ between the various brands) for which customer registrations are not accepted, and that you shall be responsible for checking that customers are accepted in a particular territory for each relevant Site, prior to your promoting that Site in the relevant jurisdiction.
Please be aware that breach of this section may result in very serious consequences for you, for us, or for both Parties, including without limitation, fines, penalties, breaches of license conditions and ability to do business, potential criminal action against yourself or us by the applicable authorities. Without prejudice to any of our rights herein or at law, we may forthwith terminate this agreement, and you shall be held fully responsible and liable for any such resulting fine, penalty, claim, action, or loss which is caused to us.

Site Changes
3.8 Style Changes: Should you decide to change the style or layout of any of your website(s) on which we advertise, you shall promptly inform us in order for it to be able to make or procure the making of any necessary modifications to its Advertising Materials. Where the proposed new style or layout of the aforementioned website(s) does not permit you to provide advertising space as set out in the Advertising Materials, you shall replace the advertising space to our’ satisfaction with advertising space on your newly styled website(s) equivalent in terms of prominence and space.

Rakeback
3.14 Rake-Back is a discount offered to poker players by operators or their affiliates, skins or other business associates or partners. The discount is awarded through the player’s account or in any other way, in accordance with a specified percentage of the rake and tournament entry fees that were generated by the player. You are not permitted to offer any Rake-Back or so-called Rake-Back schemes whatsoever, or any similar schemes that offer or allow a portion of the players’ rake or tournament entry fees to be returned to the player in any form. You shall not be permitted to advertise its site in, accept traffic from or otherwise be engaged with, any affiliate site or skin that offers Rake-Backs. Kindly not that breach of this section without our express and prior permission shall result in an automatic fine to us, which shall be passed on to you directly and which is capped at ?30,000.

Payment, Minimum Activity Rule
4. Payment of Commission Fees

4.1 Subject to your compliance with the terms of this Agreement, you will earn Commission Fees calculated on a per account basis (in the event you have more than one account with us) as set out here based on the Net Revenue Basis of your referred and approved Active Users. Kindly note that each of your BeAffiliates account Beaffiliates accounta (if you have more than one) must have a minimum of 5 Active Customers before you will be eligible for Commission Fee payment. You are entitled to one payout per calendar month per account, provided you have fulfilled the above requirement at the end of the preceding month and complied with the provisions of Clause 4.3. In the event that we notify you of a new commission expressly deviating from the commissions set out above, the new commission agreed with us shall prevail.

4.2 One-Time Bonus Offer: Furthermore, as result of your new membership into the BeAffiliates Beaffiliates Program you shall be entitled to a one-off bonus commission of ten percent (10%) over and above any Commission Fees earned by you in the relevant period whether in respect of Betclic, MontecarloCasino, EverestPoker, EverestCasino, Imperial Casino or Expekt marketing subject to your fulfillment of the following condition for each and every account which you hold with us: you must recruit at least ten (10) New Customers by the end of the first full calendar month following your acceptance into the BeAffiliates Beaffiliates Program. The bonus commission is then paid over and above Commission Fees earned until the end of the relevant calendar month provided this condition is fulfilled. This means that if your acceptance is confirmed before the 1st of the month before 23:59 then that month shall count as the first calendar month for the purposes of determining the period of application of the bonus offer and the period in which the ten (10) New Customers on that account must be recruited, all other applications shall run from the first of the subsequent calendar month following confirmation of acceptance into the program. This offer is only available to each affiliate once account (and will not be applied automatically in the event you terminate and then re-join the BeAffiliate Beaffiliate Program for whatever reason). If no commission is earned during the relevant period, this offer expires without ability to roll-over to subsequent months.

4.2 4.3 Should your payment be less than EUR 100 or currency equivalent (or with respect to Japan EUR 500 or currency equivalent), we reserve the right to roll it forward to future months for payment.

4.5 Commission Fees will be calculated on a cumulative basis derived from available Net Revenue Basis between all products and over all our Sites derived on one account resulting in the total Net Revenue Basis derived from the sum of both positive and or negative revenue from each product for any calendar month (or part thereof)thereof) on the relevant account.

4.54.6. You are eligible for payment on the balance of your sports, casino, poker, or games earnings across all brands as may be applicable, operated on each of the Sites:Sites applicable to that account. Negative commission balances in either sports, casino, poker, or games will be deducted from available commissions on any of the other products, or on any of the other brands whether Expekt, Betclic, Everest or MonteCarloCasino (excluding for the avoidance of doubtEverestCasino, betclic.frEverestPoker, if applicable)Imperial Casino or MonteCarloCasino tracked on that account.

4.6 4.7 If the Net Revenue Basis generated in respect of any calendar month (or part thereof) shall be zero or a negative figure when assessed across all of the brands for which you provide Services, such figure shall be carried forward to any following calendar month (or part thereof) in respect of the relevant account and for the avoidance of doubt may, at our discretion, be offset against the Commission Fees otherwise due for any following calendar month (or part thereof).

Method of Payment

5. Method of Payment

5.1 Commission Fees will be paid via any of the following methods which are currently available, and any others which we may notify to you from time to time as these may become available:

(i) bank wire, or transfer to a nominated bank account ;
(free of charge)
(ii) credit to an e-wallet (eg Neteller /or Skrill (MoneyBookers) Please be aware that although we will not deduct any charges for arranging a bank wire, your own bank (fees may choose to levy a charge on such transactions.
occur)

Advertising Materials

6.3 You shall not be entitled to destroy Advertising Materials without our prior written consent.

You must return these to us within (i) 5 days from receipt of a written request from us to do so at any time throughout the term of this Agreement; or (ii) within 5 days from termination of the Agreement (whichever is earlier)

Modification of Agreement

11. Modification
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion, by posting a change noticeor a new agreement on our site, which we will notify to you at the e-mail address you provided when you join the BeAffiliate Program. Modifications may include, for example, changes in the scope of available Commissions, exclusions to certain territories in which we operate or promote our products from time to time, any assignments to group companies and further, to these BeAffiliates Program rules.
SUMMARY: Most of these changes are not predatory, however, BeAffiliates is a known ROGUE and their Minimum Activity Rule is among the worst (requiring 5-10 players per month).