Gnuf.biz Terms And Conditions - Under Review

[bonustreak]

Predatory Terms


10.3.2
At Gnuf’s absolute discretion, not pay the Affiliate any funds due to the Affiliate as Commission.

Alarming Terms
1.10.4 Gnuf reserves the right to report the Affiliate to the aforementioned federal or local authorities should Gnuf, at its absolute discretion, determine that it is obliged, by law, to do so.



--------------Acceptable Terms------------------


Affiliate Payment Date?: Gnuf will process the Commission earned by the Affiliate in the previous calendar month by the tenth working day of the following month. Gnuf shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.


-------- Terms that need clarification due to lack of information ----------

CPA Details?: No mention of CPA Details in T&C's nor on their website

Tiered Revenue Sharing?: No mention of CPA Details in the T&C's nor on the website.

Negative Carryover?: Not Mentioned

Minimum Payment?: Not Mentioned

Tiered Revenue Sharing?: Not mentioned

-------------------- SUMMARY -----------------

Over all the program seems to be decent, we prefer to have a few things mention in either the T&C's or in the FAQ section of the website such as..

Changes Needing Attention: A complete description of the CPA, Rev and Tiered sharing terms need to be in writing and visible for every affiliate to view before they take the time to sign up with the program. Negative Rollover and Minimum Payout both need to be clarified in the T&C's as well.

The section 10.4 is very alarming, this can be perceived in anyway and should be clarified and explained.

[bonustreak]

I am sending this review to the contact manager I have today and will hopefully get an answer fast about these few gray areas.

[bonustreak]

Gunf had the legal team adjust the terms and they are now good to go and no longer predatory.

Predatory Terms

At Gnuf’s absolute discretion, not pay the Affiliate any funds due to the Affiliate as
Commission.

This clause relates to money laundering or the illegal activities of affiliates and must

remain in. Funds due to an affiliate as commission will only be withheld if Gnuf “knows,

suspects or has reason to suspect that any transactions in which the Affiliate is directly or indirectly
involved, amongst other things, involves funds derived from illegal activities or are intended to conceal
funds derived from illegal activities or involve the use of the Partnership Program or Gnuf’s Products or

Gnuf’s Websites to facilitate criminal activity.”

If Gnuf did not withhold funds under these circumstances having such knowledge then
Gnuf would potentially find itself knowingly committing an offence relating to these
illegal activities or money laundering by aiding or abetting such an offence.

If the
affiliate in question does not intend to commit any illegal offences by its use of the
Affiliate Program then this clause will not be an issue.




Alarming Terms

1.10.4 Gnuf reserves the right to report the Affiliate to the aforementioned federal or
local authorities should Gnuf determine that it is obliged, by law, to do so.
Similarly

(DELETED)
if Gnuf did not report the Affiliate to the relevant authority where it had proof
of such an offence being committed, Gnuf could potentially find itself complicit in the
commission of such an offence. If the affiliate in question does not intend to commit any
illegal offences by its use of the Affiliate Program then this clause will not be an issue.
This clause would only be effective if Gnuf felt that it was necessary to take such drastic
action in order to prevent it from becoming implicated in the commission of such an
offence.



--------------Acceptable Terms-----------------

Affiliate Payment Date?: Gnuf will process the Commission earned by the Affiliate in
the previous calendar month

by the tenth working day

of the following month. Gnuf shall
not be liable to the Affiliate in any manner whatsoever for late payments due to technical,
third party or any other unforeseen events arising.





--------Terms that need clarification due to lack of information ---------

CPA Details?: No mention of CPA Details in T&C's nor on their website

Tiered Revenue Sharing?: No mention of CPA Details in the T&C's nor on the website.

Joanna 07-3-19 10.19
Deleted: , at its absolute discretion,

Negative Carryover?: Not Mentioned

Minimum Payment?: Not Mentioned

Tiered Revenue Sharing?: Not mentioned

[bonustreak]

Just a note that I have been in talks with the program and hope to have 1 final change we need in the terms to get this program in the clear very soon!

[bonustreak]

Gnuf has revised and sent me a copy of the new commission schedule today I will be reading it and changing the status of the program if all is in order.

[bonustreak]

After reviewing the changes(these are not updated on the site, we need this done to change the status of the program) AGD is still not agreeable to certain terms such as there is still no mention a Negative Carry over and the Revenueshare rules are geared towards poker affiliates not casino affiliates.

We hope this can all be resolved in a timely manner and will keep you all updated.

[Guard Dog]

Changes to the Terms and Conditions:

Our TAS (Terms Alert System) has notified us of changes to Gnuf Partner Terms and Conditions.

TERMS ADDED:

Originally Posted by Definitions

1.3 Bonus-Cash Items shall mean the value of free credits or Cash awarded to Customers by a Gnuf Product as from their first raked hand.

1.4 Cash shall mean monetary value or cash spent on incentives and value added services whether promotional or transactional for the benefit of a Customer recruited by an Affiliate.

1.5 Charge Back: Where a Customer or the credit card issuing bank or any other third party payment solution provider effects a reversal of charges in relation to a credit card of third party purchase transaction which for the purposes of calculating a Customers Net Win and Net Rake shall be regarded as Fraud.

1.6 Commencement Date: the first day of the month following the month in which the Affiliate accepts the Gnuf Affiliate Program terms and conditions and is accepted by Gnuf as an Affiliate

Our Analysis: Fairly standard definitions.

Originally Posted by Definitions

1.14 Fraud shall mean any conduct that Gnuf in its sole discretion determines to be fraudulent conduct which shall include, but not be limited to, fraudulent credit card transactions and/or Charge Backs.

Our Analysis: Fairly standard definitions.

Originally Posted by Definitions

1.16 Fraud Costs: Any costs (financial or otherwise) that Gnuf incurs as a direct of indirect result of Fraud or Fraudulent Activity by an Affiliate, an Affiliates employees and/or Customers;

Our Analysis: Fairly standard definitions.

Originally Posted by Definitions

1.20 Gross Rake shall mean the total revenue generated as a result of all raked hands by all Customers introduced to a Gnuf Product by an Affiliate.

Our Analysis: Added Poker definition of gross rake - standard.

Originally Posted by Definitions

1.29 Poker Net Rake shall mean the Gross Rake of a Customer less Bonus-Cash Items less Cash less Fraud costs.

Our Analysis: Added Poker definition of net rake - standard.

Originally Posted by Definitions

11A. Commission Schedule Commission shall be paid to Affiliates based on the Calculations in clauses 11A.1, 11A.2 and 11A.3 below the structure and terms of which shall be agreed upon between the Parties on an individual basis.

11A.1 Calculation of Cost per Acquisition Commission An Affiliate will earn a once-off Commission for each Customer provided that the Customer has made a first single deposit of at least $20 and has accumulated a minimum of 100 Gnuf Points after having opened a new Account at one of the Gnuf Products.

11A.2 Calculation of Revenue Share Commission An Affiliate will earn Revenue Share Commission based on the Poker Net Rake of a Customer provided that the Customer has made a first single deposit of at least $20.

11A.3 Calculation of Commission of Second-tier Affiliates An Affiliate will earn a sum equivalent to 10% of the Commission of a Second-tier Affiliate on Commission earned by such Second-tier under the provisions of 11A.2 above. 12.

Our Analysis: This is a change we requested for clarification of commission percentages, including CPA, revshare, and sub-affiliate commissions.


UPDATED TERMS:

Originally Posted by OLD TERM

1.7 'Customer' shall mean a person or entity that the Affiliate directs in any manner to a Gnuf Website and who can be linked to the Affiliates Affiliate ID and who opens an account with such Gnuf Website. By opening an account with a Gnuf Website, that person or entity will become a Gnuf Websites Customer and, accordingly, all Gnuf Websites rules, policies, and operating procedures will apply to them

Originally Posted by UPDATED TERM

1.11 'Customer' shall mean a person or entity that the Affiliate directs in any manner to a Gnuf Product and who can be linked to the Affiliates Affiliate ID and who opens an account with such Gnuf Product. In addition, a Customer shall mean a new Customer who is referred by an Affiliate and who does not and has not previously held an account at any Gnuf Product. By opening an account with a Gnuf Product, that person or entity will become a Gnuf Customer and, accordingly, all Gnuf Websites rules, policies, and operating procedures will apply to them

Our Analysis: This appears to say that Gnuf properties are fenced in a manner that players cannot be re-marketed to their other or future brands as they are all either using the same player base or simply not allowed. Unsure of the exact meaning.

Originally Posted by OLD TERM

1.13 'Gnufs Website/s' are websites situated at, but not limited to, the following URLs: gnuf.com gnuf.net gnuf.biz

Originally Posted by UPDATED TERM

1.19 'Gnufs Website/s' are websites situated at, but not limited to, the following URLs: www.gnuf.com www.gnuf.net www.gnuf.biz

Our Analysis: Insignificant, additions of www.

Originally Posted by OLD TERM

1.16 'License' shall mean a non-transferable and non-exclusive right granted to the Affiliate by Gnuf to use the Intellectual Property only as is strictly necessary to adequately and effectively direct Customers to the respective Gnuf Websites, in accordance with the terms and conditions of this Agreement.

Originally Posted by UPDATED TERM

1.23 'License' shall mean a non-transferable and non-exclusive right granted to the Affiliate by Gnuf to use the Intellectual Property only as is strictly necessary to adequately and effectively direct Customers to the respective Gnuf Products, in accordance with the terms and conditions of this Agreement.

Our Analysis: Insignificant, in keeping with their changeover to 'Products' instead of just websites.

Originally Posted by OLD TERM

1.25 1.33 'Term' shall be the term of this Agreement, commencing on the activation of the Affiliates account (commencement date) and remaining in full force and effect until the Affiliates account is terminated in accordance with this Agreement (termination date).

Originally Posted by UPDATED TERM

1.25 1.33 'Term' shall be the term of this Agreement, commencing on the activation of the Affiliates account and remaining in full force and effect until the Affiliates account is terminated in accordance with this Agreement (termination date).

Our Analysis: Insignificant, removing redundant phrasing.

Originally Posted by OLD TERM

3.6 After having complied with Clause 3.1 to Clause 3.5 the Affiliate will be notified in a timely manner of Gnufs acceptance or rejection thereof and the parties shall thereafter agree upon the terms of the Commission Schedule. The Affiliate acknowledges and agrees that the acceptance of his application depends on its compliance with the provisions of this Clause 3. The acceptance or rejection of any application made by an Affiliate is at Gnufs sole discretion.

Originally Posted by UPDATED TERM

3.6 After having complied with Clause 3.1 to Clause 3.5 the Affiliate will be notified in a timely manner of Gnufs acceptance or rejection thereof and the parties shall thereafter agree upon the terms and structure of the Commission Schedule to be paid to the Affiliate. The Affiliate acknowledges and agrees that the acceptance of his application depends on its compliance with the provisions of this Clause 3. The acceptance or rejection of any application made by an Affiliate is at Gnufs sole discretion.

Our Analysis: Insignificant, clarification only.

Originally Posted by OLD TERM

3.7 Should Gnuf accept the Affiliates application and following agreement between the parties of the terms of the Commission Schedule, the Affiliate will be granted a license in accordance with Clause 4 of this Agreement.

Originally Posted by UPDATED TERM

3.7 Should Gnuf accept the Affiliates application and following agreement between the parties of the terms and structure of the Commission Schedule to be paid to the Affiliate, the Affiliate will be granted a license in accordance with Clause 4 of this Agreement.

Our Analysis: Insignificant, clarification only.

Originally Posted by OLD TERM

11.4 Gnuf will process the Commission earned by the Affiliate in the previous calendar month by the tenth working day of the following month. Gnuf shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.

Originally Posted by UPDATED TERM

11.4 Gnuf will process the Commission earned by the Affiliate in the previous calendar month by the tenth working day of the following month however, where the sum of the Commission due is less than USD $100, that sum shall be carried over and added to the Commission due to the Affiliate the following month and so on and so forth until the sum of the Commission due to the Affiliate is more than USE $100 when payment of the Commission shall be effected. Gnuf shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.

Our Analysis: This is a change we requested such that the minimum payment would be added to the Terms and Conditions for purpose of clarification.


FULL SUMMARY:

Gnuf Partner have made significant changes to their terms and conditions which only benefit the affiliate. All changes are for clarification purposes and will not adversely affect earnings or marketing. Most of the changes (not noted here) were numbering changes as the additions forced them into a new numbering scheme for the terms.

[bonustreak]

"Predatory Terms

10.3.2
At Gnuf’s absolute discretion, not pay the Affiliate any funds due to the Affiliate as Commission.

Alarming Terms
1.10.4 Gnuf reserves the right to report the Affiliate to the aforementioned federal or local authorities should Gnuf, at its absolute discretion, determine that it is obliged, by law, to do so. "

These are the changes that we are waiting on to make this program good to promote. I have just emailed them again asking to have these removed or changed.

[Guard Dog]

It's been pretty long for Gnuf to change their terms.. If there is no gnew news on this, then we will be locking them as predatory within a weeks time.

[admin]

Gnuf.biz Terms and Conditions ARE predatory - please do not affiliate with this program unless you agree to the following term:

Originally Posted by Predatory Terms

10.3.2
At Gnuf’s absolute discretion, not pay the Affiliate any funds due to the Affiliate as Commission.

Originally Posted by Alarming Terms

1.10.4 Gnuf reserves the right to report the Affiliate to the aforementioned federal or local authorities should Gnuf, at its absolute discretion, determine that it is obliged, by law, to do so.