Retroactive Terms
by
, 07-12-2009 at 06:27 PM (2209 Views)
Definitions:
Retroactive Term - A Retroactive Term is a clause in your affiliate contract (commonly called Terms and Conditions), which has been added after you agreed to the original contract. The term is said to be retroactive because it is applied regardless of whether or not you agreed to it.
Grandfather Clause - A grandfather clause is an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations. For example, a "grandfathered power plant" might be exempt from new, more restrictive pollution laws, which would be applied if the plant were expanded. Often, such a provision is used as a compromise, to effect new rules without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied.
Some affiliate programs, of late, are putting common law to the test by changing their terms for reasons of profit or otherwise.
Programs NOT honoring their existing contracts with affiliates are sliding down a dangerous slope towards lawsuits and it's unfortunate that some of these programs are former 'good quality' organizations.
Please check your terms contract and AGD's terms alert system before working with ANY affiliate program. Make sure it's a program that HONOR's it's existing affiliate contracts.










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