Ladbrokes Affiliates marked Predatory

[Guard Dog]

DO NOT PROMOTE LADBROKES AFFILIATES


Ladbrokes Affiliates have been marked predatory for the following reasons:

[wterm][wtermhead]Commissions - Negative Carryover[/wtermhead][wtermmain]during the previous calendar month ("Revenue Share"). In the event that a Revenue Share in any calendar month is a negative amount, Ladbrokes shall be entitled but not obliged to carry forward and set off such negative amount against future Revenue Shares which would otherwise be payable to you. However Ladbrokes shall also be entitled but not obliged to zero the negative balance that would otherwise be carried forward.
FAQS pg
Negative earnings will be zeroed at the end of each month and will therefore not affect future earnings. [/wtermmain][/wterm]

[bterm][btermhead]Marketing - Maintaining Links[/btermhead][btermmain]4. The Links
4.1 Throughout the Term, you shall prominently incorporate and continually display the most up to date Links provided to you by Ladbrokes on the Partner Site in a manner and location agreed between you and us and you shall not alter the form, location or operation of the Links without Ladbrokes' prior consent. If and when we approve your application, the Partner Site should display the appropriate Links within 4 weeks of being notified that you have been accepted. If you fail to so display the Links we may terminate this Agreement immediately on notice.

4.5 Ladbrokes has the right to monitor the Partner Site to ensure you are complying with the terms of this Agreement and you shall provide Ladbrokes with all data and information (including, but not limited to, passwords) to enable Ladbrokes to perform such monitoring at no charge.
4.6 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you.
[/btermmain][/bterm]


[wterm][wtermhead]Strange Term[/wtermhead][wtermmain]13.2 If either party fails to pay by the due date any amount payable by it under this Agreement, the other party shall be entitled but not obliged to charge simple interest on the overdue amount, from the due date up to the date of actual payment, at the rate of 2% per cent per annum above the base rate for the time being of Barclays Bank Plc.
[/wtermmain][/wterm]


[bterm][btermhead]Termination[/btermhead][btermmain]12. Term and Events of Default
12.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 3. This Agreement shall continue thereafter unless and until terminated in accordance with clauses 12.2 or 12.3 (the "Term").
12.2 Notwithstanding clause 12.1, either party ("Non-Defaulting Party") may bring the Term to an end with immediate effect by written notice to the other party ("Defaulting Party") if:
12.2.1 the Defaulting Party commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other;
12.2.2 the Defaulting Party becomes insolvent or unable to pay its debts (as defined in Section 123 of the Insolvency Act 1986), proposes a voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets or if any petition shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.
12.3 Either party may terminate this Agreement on delivery of four weeks' prior written notice to the other party.
12.4 If you do not deliver 1 new customer registration within a period of three months (billed months) we may terminate this Agreement immediately by delivery of written notice to you.
12.5 Each party shall forthwith give notice in writing to the other party of any event within clause 12.2.2 which occurs during the Term and which would entitle the other party to bring the Term to an end.
12.6 Without prejudice to clause 12.3, we reserve the right to terminate this Agreement at any time and for any reason immediately by delivery of written notice to you.
12.7 The parties shall have no further obligations or rights under this Agreement after the end of the Term, without prejudice to any obligations or rights which have accrued to either party at the time when the Agreement ends save that clauses 1, 2, 4.7, 4.12, 8, 9, 10, 11, 12.7, and 13, together with those other clauses the survival of which is necessary for the interpretation or enforcement of this Agreement, shall continue to have effect after the end of the Term.
[/btermmain][/bterm]


DO NOT PROMOTE LADBROKES AFFILIATES

 

[AndyScott]

Hi All

Please be aware that the Ladbrokes Affiliate T&C's have been in place since the program was launched. We have been in discussions with Affiliate Guard Dog around these and understand the concerns and will be reviewing the T&C's as part of a program wide review process.

We are committed to improving all aspects of the Ladbrokes program and appreciate the feedback. If you have any questions about the above mentioned T&C's please don't hesitate to contact me on andrew.scott@ladbrokes.co.uk

Kind regards,

Andy

 

[inspiration]

well this is shocking to see that such a big program has such bad terms.
I added a ladbrokes casino review to my site just recently. If I only had known this before I would not have listed them. Better redirect all your traffic! Good work Andy !! (not Andy Scott ofcourse)

Shit now I must hurry to get my 400 bucks from incomes access as they have dropped neteller as payment method...........

 

[bc518]

Ladbrokes indeed terminated my former account (that means they own all my players).

I opened a new account and was asked to put its banner on the homepage. I declined the request because I have a lot of better companies such as bet365 and dafa888...

Ladbrokes affiliate program is worse than most of others.

 

[tryme1]

I sort of agree, GuardDog, but I have no real problem with sports betting programs that carry over negative commission, although Ladbrokes clause is more open ended and fair minded than, say, Bet365.

One of those clauses you think is strange, the one that starts : "13.2 If either party fails to pay by the due date" is only strange because, obviously, the affiliate will never owe Ladbrokes.

This sounds like legalese. However, it's law in the UK that - if a creditor pays late - you are entitled to statutory interest. That clause just means if Ladbrokes pays me late, I can add the statutory interest to the invoice.

 

[Engineer]

I sort of agree, GuardDog, but I have no real problem with sports betting programs that carry over negative commission

I have no problem with that either. But the main reason Ladbrokes is marked predatory is because they will (and do) STEAL affiliate commissions if you don't continue to promote them and send a steady stream of new customers (conversion and retention of which is completely out of your control).

It's incredibly unfair and short-sighted, IMO.

If Ladbrokes can continue to profit from affiliate-referred players indefinitely, affiliates should profit indefinitely as well. Anything less is not good enough.

 

[WCD Admin]

Thanks Engineer. I stopped reading to soon as I was sold on the Marketing clause.... I think that when marking someone predatory, the worst clauses might be good to put at the beginning of the message despite the chronological order the T&Cs are setup in. Just a suggestion. Good work AGD team!

 

[tryme1]

If Ladbrokes can continue to profit from affiliate-referred players indefinitely, affiliates should profit indefinitely as well. Anything less is not good enough.

I agree completely. My personal experience of Laddies has always been good and, despite the fact that I send them very few players, they've always paid me.

The terms should be fairer, I agree. My point was that: negative carryover is acceptable in a sports betting site and the 'statutory interest' thing is a legal requirement in the UK. For me, their 'negative carryover' clause is actually quite lenient and the 'statutory interest' thing is just lawyer stuff.

That was my point.

 

[Guard Dog]

I do agree with you as well. We are more over-cautious when reviewing and certifying programs. I place a 'warning' (yellow) on a program so that others do not just skip over - but discuss the issue.

Even if it is not a problem, it is noted in our system and we talk about it.

Warnings are not going to 'stop' certifications unless we discuss and find a possible loophole where the term can be used in problematic ways.

The warnings above were not classified as ones that would be a problem, just noted for discussion within the Terms Certification team.

Hope that makes sense

Essentially, we err on the side of caution.