Affiliate Fines - Leo Vegas

OddsFactor

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Posted this on GPWA but thought worthwhile to post here too.

For some reason decided to have a good look at the terms.

Term
10.4 Contractual penalty
Notwithstanding anything to the contrary, in case of Your material breach or threatened material breach of any of the provisions of this Agreement or Affiliate Programme as well as any direct violation thereof, You shall be liable to pay a penalty of fifty thousand Euro (€50,000) to Us for each such individual material breach or threatened material breach of this Agreement as provided herein (hereinafter referred to as ‘Penalty’).

My question is, is this usual in all operator terms??

Cheers
 

Zuga

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Term
10.4 Contractual penalty
Notwithstanding anything to the contrary, in case of Your material breach or threatened material breach of any of the provisions of this Agreement or Affiliate Programme as well as any direct violation thereof, You shall be liable to pay a penalty of fifty thousand Euro (€50,000) to Us for each such individual material breach or threatened material breach of this Agreement as provided herein (hereinafter referred to as ‘Penalty’).

hmm just because they put this in their terms does not mean it actually has any legal significance. Did they actually specify what they consider to be "material breach or threatened material breach" ? Makes little sense.
 

OddsFactor

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hmm just because they put this in their terms does not mean it actually has any legal significance. Did they actually specify what they consider to be "material breach or threatened material breach" ? Makes little sense.

No, I logged into the affiliate programme and was alerted to agree to the new t's & c's.
For some reason decided to read them.
Came across this.
It doesn't specify what a material breach is or a threatened material breach.
 

AussieDave

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I logged into the affiliate programme and was alerted to agree to the new t's & c's.

This is nothing less than holding a gun to someone's head, and telling them to sign. And, as Zuga pointed out, I also highly doubt, this has any legal framework or legality to enforce. Reiterating other posts... Just because a program has a clause in their T&C's, doesn't mean it's legal & or lawful.
 
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