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Guys I just hung up with Referback (literally) and there are some major changes coming in the terms and conditions this week which will effect all of us. I suggest you read them very carefully as these mods will make a huge impact on your income with the program.
The changes are SOOOO outrageous I cant believe they are even talking about doing these things much less enacting them. If this is the direction that all the other MGS partners are planning on heading this year then the business as we know it is basically going to die.
:flamer: :flamer: :flamer:Here’s some of the fun stuff:
3.4 The Affiliate will provide proof of identification including, where possible, a government-issued identification number.
(They are going to require strict identification of ALL affiliates)
.1 Prohibited Domain Names:
5.1.1 The Affiliate may not register a Prohibited Domain Name.
5.1.2 Should an Affiliate register a Prohibited Domain Name, and without prejudice to any legal remedy or right that the Merchant and/or its licensors may have in law, ReferBack and/or the Merchant shall be entitled to terminate this Agreement with immediate effect and claim transfer of the Prohibited Domain Name to the Merchant.
5.1.3 A decision as to whether or not a particular domain name is a Prohibited Domain Name is left to the sole discretion of the Merchant. The Merchant’s decision in this regard will be final and binding on the Affiliate.
(They plan on enforing this more agressively)
5.2.2 The Affiliate will furnish ReferBack with a written, accurate and complete list of Derivative Domain Names that the Affiliate has or intends to register, acquire or use. Any new additions or amendments to the Affiliate’s list of Derivative Domain Names will be communicated to ReferBack as soon as is reasonably possible.
5.2.3 The Affiliate recognizes and accepts that Derivative Domain Names will at all times remain the beneficial ‘property’ of the Merchant and/or its licensors and in this regard agrees to hold the Derivative Domain Name in Trust on behalf of the Merchant for the Term. On expiry of the Term the Affiliate will transfer, or cause to be transferred, all Derivative Domain Names to the Merchant, or an entity duly nominated by the Merchant in writing, without delay.
5.2.4 In order to comply with the provisions of clause 6.2.3, the Affiliate hereby undertakes to sign and/or complete any and all documents or procedures, and do all things necessary to facilitate the speedy and proper transfer of all Derivative Domain Names to the Merchant, or an entity duly nominated by the Merchant in writing.
5.2.5 All rights or advantages, and without limitation goodwill, that may arise due to the use of the Derivative Domain Name will accrue for the sole benefit of theMerchant and its licensors.
5.2.6 Should the Affiliate no longer require a particular Derivative Domain Name, the Affiliate will, in a timely manner prior to the URL expiring, inform RefeBack of its intention not to pay the renewal fee, and will if requested to do so by ReferBack, provide all necessary assistance to transfer the Derivative Domain Name to the Merchant, or an entity duly nominated by the Merchant in writing, without delay.
5.2.8 ReferBack and/or the Merchant reserve the right, in their sole discretion, to terminate this Agreement with immediate effect and claim transfer of the Derivative Domain Name to the Merchant if the Affiliate, its agent or nominee does not strictly adhere to the provisions of clause 6.2.7.
5.2.9 A decision as to whether or not a Derivative Domain Name is a Prohibited Domain Name is left to the sole discretion of the Merchant. The Merchant’s decision in this regard will be final and binding on the Affiliate.
5.4.2.2 The Affiliate shall, when using the Intellectual Property and Marketing Material, cause them to be reproduced and applied exactly and accurately and shall use them in accordance with the specifications and directions laid down by the Merchant from time-to-time (whether in the IP Documentation or otherwise).
5.4.3 A decision as to whether or not the Affiliate is complying with its responsibilities in terms of this clause is left to the sole discretion of the Merchant. The Merchant’s decision in this regard will be final and binding on the Affiliate, and if necessary the Affiliate will take all necessary action prescribed by the Merchant or its designated agent to remedy the situation, failing which the Merchant shall be entitled to terminate the Agreement with immediate effect.
11.1.1 The Affiliate is restricted to one Affiliate account only
11.1.4 If the Affiliate or the Affiliate’s employees sign up as a Customer at one of ReferBack’s Merchants’ Brands, ReferBack shall have the right to terminate this Agreement.
12.1 This Agreement can be terminated by ReferBack at any time should the Affiliate fail to comply with its obligations in accordance with this Agreement.
12.2 Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
12.3 All rights and licenses granted to the Affiliate in this Agreement shall immediately terminate. The Affiliate must immediately remove any reference to ReferBack.com and its Merchants or Merchant’s Websites, Brands or Products from its site and disable any links from its site to same. In particular, the Affiliate shall immediately remove access to any Derivative Website established by it.
12.5 ReferBack may withhold the Affiliate’s final six monthly payments for up to three months each to ensure that the correct amount has been calculated and paid.
12.6 If ReferBack continues to permit activity (generation of revenue) from Customers directed by the Affiliate after termination, this shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.
12A Sale of Business; Death of Affiliate
12A.1 Sale of Business
12A.1.1 ReferBack recognises that an Affiliate may wish to sell his/ her/ its Affiliate business to a third party. ReferBack requires an Affiliate to recognise and respect that the personal qualities, probity and background of ReferBack affiliates is vital to ReferBack’s decision to accept a person as an Affiliate of the Affiliate Program.
12A..1.2 If an Affiliate wishes to sell or otherwise dispose of the shares or assets of his/ her/ its Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of his/ her/ its Affiliate business) the Affiliate shall be required, prior to completing the sale, disposal or transfer, to:
12A..1.2.1 give ReferBack no less than 30 (thirty) day’s prior written notice of such intention, simultaneously provide such details as ReferBack may request (which shall include, but not be limited to, the selling Affiliate’s Affiliate ID and full details of the intended purchaser (including their banking details and, if they are already an Affiliate of the Affiliate Program, their Affiliate ID) and furnish ReferBack with an irrevocable consent and authority to pay the selling Affiliate’s Commission, after the sale is completed, to the purchaser. [Click here for the form of consent and authority required by ReferBack]; and
12A..1.2.2 make the deed of sale subject to the suspensive condition that ReferBack approve such purchaser as an Affiliate of the Affiliate Program and that such intended purchaser shall, subject to ReferBack’s approval (at ReferBack’s sole discretion) join the Affiliate Program.
12A..1.3 If ReferBack rejects the intended purchaser as an Affiliate of the Affiliate Program and the selling Affiliate nevertheless decides to proceed with the sale, ReferBack shall terminate this Agreement insofar as it relates to the selling Affiliate, the business sold and/ or the purchaser.
12A.2 Death of Affiliate
12A.2.1 In the event of an Affiliate’s death, ReferBack shall require that the executor of the deceased Affiliate’s estate (or similarly charged person) furnishes ReferBack with certified copies of their authority to act on the deceased Affiliate’s estate’s behalf, the deceased Affiliate’s death certificate and proof of the deceased Affiliate’s beneficiaries’ identities.
12A..2.2 The Affiliate hereby agrees that ReferBack shall be obliged to pay his/ her estate and/ or beneficiaries:
12A..2.2.1 only once ReferBack has received the information required in Clause 13A.2.1 above; and
12A..2.2.2 any sums that may have accrued to the deceased Affiliate as Commission prior to his/ her death (or would otherwise accrue thereafter) for a period of 12 (twelve) months after his/ her death. The Affiliate hereby waives (on his/ her behalf and on behalf of his/ her estate, heirs, beneficiaries, successors or assigns) any rights that he/ she (or they) may have to any further sums of money and/ or Commission under this Agreement.
9. Commission; Lapsed Customers
9.1. If a Customer is deemed by the Merchant to have lapsed, an Affiliate shall no longer be entitled to earn Commission of any nature on such Lapsed Customer. For the purposes hereof, a Customer shall be deemed to be a ‘Lapsed Player’ if he/ she has neither purchased nor played at a Merchant Casino or Merchant Poker Room for a consecutive period of 6 (six) months.
This one is HUGE!!!!!
1.1. ‘Active Casino Customer’: A New Casino Player who after purchasing and playing for the first time at a Merchant Casino returns to make a second successful purchase at the same Merchant Casino. The aforegoing applies to Active Casino Customers aquired from (and including) 1 August 2005.
You are NO LONGER PAID ON INITIAL PURCHASES BY PLAYERS!!!! So if you refer a new player who deposits $500 for thier initial deposit (or $5000) and loses that money and decides they dont like the casino you earn NOTHING from that player!!!!
You LOSE all first sales!!!!!
Another devastating change
1.10.’New Casino Player’: A Customer who is referred to a Merchant Casino by an Affiliate is deemed to be a New Casino Player only if such Customer does not at such juncture have an existing account at any of the other Merchant Casinos or Poker Rooms
1.11.’New Poker Player’: A Customer who is referred to a Merchant Poker Room by an Affiliate is deemed to be a New Poker Player only if such Customer does not at such juncture have an existing account at any of the other poker rooms operated by the Merchant Poker Rooms.
If someone signed up at Riverbelle two years ago and you refer that player to Jackpot City or one of the new poker rooms you earn NOTHING!!! This is just dandy for old timers, but if you are a newbie the odds of ever earning money by sending players to a Belle Rock property are slim to none!!!
And theres MORE, but my blood pressure cant take any more reading today.
This is totally disgusting and was to be expected once 4 other programs were allowed to get away with breach of contract.
As far as impact goes, this one is the worst.
As far as the trend in the industry: it’s just more of the same illegal retroactive changing of a contract. The avalanche is rolling now!
Damn!
FUCK REFERBACK!
This is total BS!!1.1. ‘Active Casino Customer’: A New Casino Player who after purchasing and playing for the first time at a Merchant Casino returns to make a second successful purchase at the same Merchant Casino. The aforegoing applies to Active Casino Customers aquired from (and including) 1 August 2005.
You are NO LONGER PAID ON INITIAL PURCHASES BY PLAYERS!!!! So if you refer a new play who deposits $500 for thier initial deposit (or $5000) and loses that money and decides they dont like the casino you earn NOTHING from that player!!!!
Unbelievable! And to think i trusted them above all people.
They are my biggest earners by a mile, but I fully intend making a stand against this.
GUYS: We REALLY REALLY need to do something about this. And something major. These are certified programs shafting their affiliates. I’m going to consult a lawyer just to see where we stand on this. Enough is enough.
Simmo!
Over the last 18 months they gradually went from the BEST Microgaming group to where they stand as of today, the WORST!
But what is to stop every other program from doing the exact same thing? I read alot about something has to be done, but it looks to me like it is going to get to the point that every program is going to be doing the same thing. When this happens we will not even have a choice. Referback is a very minor player in my small world, very easy to leave, but to others it isn’t so easy I’m sure. Unless the majority of the largest affiliates for these places leave, hence directly affecting the bottom line, then they aren’t going to care. And further, they can just tell their biggest affiliates that the changes don’t affect them. I know I’m not offering any solutions, but it seems hopeless.
Its pretty bleak Wes.
I think Referback is making these changes to specifically target larger existing affiliates.
In the past they made exceptions for larger affiliates, that is not in the offering now. They would LOVE for us to drop them so they can keep the commissions on our large existing player bases.
AHHH, yes. You are screwed if you stay and screwed if you go. I suppose the only positive is for us little people who are still building and the lesson is
diversification
The whole thing sucks
Changing a signed contract is illegal.
We now have 5 programs in breach: Fortune, Vegas Partner, Wager Junction, Partnerlogic and Referback.
We need a lawyer and a class action suit against these programs. That is the only thing that will keep others from following suit.
I’m sorry to be on a soapbox here, but this whole strategy is even stupid from a business perspective. These programs need a good business consultant, and I am available. These changes are sooo shortsighted it is incredible. Unless they honestly believe that we have seen the end of growth in online gambling. I think we aren’t even close to half way to the top. Though affiliates aren’t responsible for all of the players anywhere, they are responsible for most either directly or through marketing and branding. In addition, when the US finally decides to legalize and tax online gambling, I think there will be another explosion in new players. By taking care of affiliates now instead of screwing them, they can place themselves in an even stronger position to capitalize on the future growth. Though I do see how trying to run off established affiliates can get some short-term gain (Maybe), I would be much more interested in the long-term gain available. Hopefully a few good programs will see the long-term side, and I think they will be the most profitable in the coming years.
Thank you Professor for bringing this to our attention today. After reading the new terms and conditions, I must they are the worst yet. They suck! I will be reducing or eliminate traffic to Referback casinos in the near future. Over the past year I have already reduced their traffic 2/3rds and I am now glad I did. Diversification has saved the day for me and this will not have a major impact. I suggest that all affiliates diversify that have not done so already.
They BLINKED!!! We are breaking down the wall!!!!
See this posted by Wayne, they modified one of the changes!!!
Quote:The 6 month clause does not apply to players that were refered prior to the 1st of August 2005. We have updated the terms and contions to include this date.Ok, we have to be sure to praise the positive steps so that we get these buggers moving in the right direction.
Hi Prof,
Thanks for allowing me into the “secret garden” I agree wholeheartedly with you by allowing them time and the courtesy of responding we give them an ideal opportunity to put things right, moreso they also know the eyes of every other aff prog is watching oh so closely, plus the response of the affiliates is probably causing them great internal alarm.
To simply toss them out and uncertify them who be fool hardy as this way they are honor bound to reply
Good on you and all the best, lets try and sort this thing out constructively
