Genting Affiliates term changes

Discussion in 'Genting Affiliates' started by ThePOGG, Jan 2, 2016.

  1.  
    ThePOGG

    ThePOGG Affiliate Guard Dog Member

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    Genting affiliates have totally reworked their terms and conditions and not in a good way. I've just gone through them and the additions I spotted are as follows:

    1) Minimum payout has changed from £100 to £1000

    2) Negative Carry Over now applies to all accounts (previously it only applied if you had less that 5 referred players):

    3) The addition of a Minimum Activity Quota:

    TP
     
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  2.  
    RyanWeb

    RyanWeb Affiliate Guard Dog Member

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    I could maybe deal with the first two, but not the Minimum Activity Quota. That's always an automatic pull for me.

    Thank you for this update!
     
  3.  
    Guard Dog

    Guard Dog Guard Dog Staff Member

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    I do have a complete list of the changes, Just didn't have time to post them due to the holidays.
     
  4.  
    ThePOGG

    ThePOGG Affiliate Guard Dog Member

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    Apologies GD - didn't mean to step on your toes. Have emailed to discuss.

    TP
     
  5.  
    KasinoKing

    KasinoKing Player turned affiliate.

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    Oh great - another one bits the dust :(

    The main question is: Are these terms being applied retroactively?

    KK
     
  6.  
    Guard Dog

    Guard Dog Guard Dog Staff Member

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    No apologies needed :)

    I'm guessing they are applied retroactively. Programs that DO NOT apply retroactively are PROactive in letting us know of terms changes. But I will try to get a hold of someone over there. Lots of people have changed in that organization - so not sure I have a good contact anymore :(
     
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  7.  
    ThePOGG

    ThePOGG Affiliate Guard Dog Member

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    I've got a contact there - if you want there email let me know.

    TP
     
  8.  
    Guard Dog

    Guard Dog Guard Dog Staff Member

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    Terms Changes in Full:

    DEFINITIONS SECTION

    Active User means user(s) accessing the Genting Website(s) through the Link(s) and who stake/wager real funds on same, as determined for each calendar month in arrears for the purposes of clause 6.
    Advertising Rules means the UK Advertising Standard Authority?s Code of Non-Broadcast Advertising, Sales, Promotion and Direct Advertising, Committee of Advertising Practice Guidance on the rules for Gambling Advertisements and the UK Gambling Commissions Licensing Conditions and Codes of Practice (?LCCP?) all as amended, updated and supplemented from time to time.
    Affiliate means the individual(s) or entities which participate in our Affiliate program.
    Affiliate Website(s) means the website(s) owned and operated by the Affiliate carrying /displaying the Link(s) to the GA Genting Website(s) as agreed between the partiesparties.?
    Applicable Laws means all legislation, by-laws, regulations and other statutory instruments that may govern or restrict (i) gaming in a territory (including participation in gaming by an Active User from a territory; and (ii) laws applicable to advertising of gaming or gaming offers within any territory.
    Licensing Objectives the licensing objectives set out by Section 1 of the UK Gambling Act 2005, namely; (i) the prevention of crime; (ii) gaming fairness; and (iii) the protection of children and vulnerable persons from being harmed or exploited by gambling.
    6.2 (Payment) Referral Commission means the mutually agreed percentage of Net Profit NGR payable by GA Genting to the Affiliate for Active Users introduced to the GA Genting Website(s) via the Affiliate(s) Link(s) in accordance with the commission plans shown on http://www.gentingaffiliates.com/commission-plans/ as amended and updated from time to time and in accordance with the pre-conditions and deductions from NGR outlined in clause 6.
    Regulatory Requirements means and includes:-(i) Applicable Laws;(ii) the Advertising Rules; and (iii) the Licensing Objectives?


    LICENSE AND USE SECTION

    2.2.2 Genting may request and Affiliate shall action any Genting request amend, adjust, replace or remove GA Brand Features, icons or banners and/or content from the Affiliates Website at any time and any failure to do so shall constitute a material breach of this Agreement;
    2.2.3 Affiliates use of GA's Brand Features nonetheless remains subject to Genting's continuing permission at all times
    .

    The Affiliate hereby agrees and undertakes that:
    1.1.1 it shall comply with all relevant Regulatory Requirements are met in its provision of the Link from the Affiliates Website and any related marketing, including but not limited to:
    1.1.1.1 ensuring that all advertising to Users is compliant with Applicable (including local) Laws in territories targeted; and
    1.1.1.2 ensuring that it does not target Users located in territories where gaming (or the marketing of gaming) is prohibited;
    1.1.1.3 ensuring that it complies with the Advertising Rules
    1.1.2 it shall not
    by any act or omission do anything which in Genting's reasonable opinion is capable of adversely affecting the standing of Genting or any Genting operated Website.
    1.2.3 shall provide GA Genting from time to time with such details as GA Genting may require to verify; Affiliates identity, address or ownership of the Affiliates websiteWebsite(s), standing, or financial details; and such other details as Genting may require for ongoing regulatory, money laundering or internal compliance purposes, without prejudice to the provisions of clause 9.

    GENTING'S OBLIGATIONS

    GA Obligations
    5.1Genting's Obligations 5.1
    Subject to the Affiliates ongoing compliance with the provisions of this Agreement GA Genting hereby agrees and undertakes that it shall pay the Affiliate's Commission, as provided by and subject at all times to, the conditions contained in Clause 6 (inclusive).
    5.2 GA hereby agrees and undertakes that it will process personal data received from the Affiliate only for the purposes detailed in this Agreement. Affiliate personal data may also be processed by other GA companies but will not be passed to any third party save where necessary to conform to legal or regulatory requirements, comply with legal process, or act to protect the interests of GA following a breach of this Agreement by the Affiliate.


    COMMISSIONS

    note: this is completely re-written. As such I will show BOTH versions below:

    NEW SET OF COMMISSIONS TERMS

    5
    Genting?s Obligations 5.1 Subject to the Affiliates ongoing compliance with the provisions of this Agreement Genting hereby agrees that it shall pay the Affiliate?s Commission, as provided by and subject at all times to, the conditions contained in Clause 6 (inclusive).
    6 Payment & Process
    6.1 The Affiliate shall earn Referral Commission NGR less the deductions outlined at 6.2) at all times subject to the pre-conditions outlined below.
    6.2 For the purposes of 6.1& Referral Commission:-Net Gaming Revenue/NGR shall mean:-A percentage (set out on Genting's Commission Plans page) of all stakes placed by Active Users on Genting's Website(s) less winnings (?Gross Gaming Revenue/CGR?) less:-
    6.2.1gaming duties (as applicable);
    6.2.2 bonuses;
    6.2.3 monies paid in the form of duties, taxies or levies to licensing and/or regulatory authorities;
    6.2.4 third party licensing fees, royalties or progressive jackpot contributions;
    6.2.5bad debts;
    6.2.6 monies attributable to fraud / collusion / improper activity (ofAffiliates orUsers);
    6.2.7charge-backs / transactions reversed byinstruction;
    6.2.8free bets and/or chips providedUsers as a promotional or marketing activity;
    6.2.9network policy fines (if any);
    6.2.10 tournament overlay costs;
    6.2.11network guaranteed promotional and marketing costs, if any;
    6.2.12 payment services and promotional costs (including age verification costs)
    6.2.13customer servicecosts;
    6.2.14 any other costs reasonably determined and communicated byGenting.
     
    6.3 Payment of the Referral Commission in accordance with and as provided by clause 6.1 shall at all times be conditional upon the NGR exceeding 1,000 in any monthly period. For the avoidance of doubt Genting reserves the right to hold over any NGR (whether or not exceeding ? 1,000) in respect of any part month to the next full monthly period , / or period in which NGR exceeds ?1,000 in aggregate at its sole discretion.
     
    6.4 In the event that Affiliate accrues negative return(s) for NGR, Genting reserves the right at its sole discretion to withhold payment under clause 6.1 and/or set off negative returns against any future NGR and/or to pay Affiliate NGR less prior month(s) negative returns
     
    6.5 All amounts payable by Genting pursuant to this Agreement shall (subject to deduction of Gaming Duty at source, as per NGR definition at 6.2) be inclusive of all applicable taxes. For the avoidance of all doubt the Affiliate hereby agrees thatit shall pay any taxes chargeable/payable, levied or claimed on its receipt of Referral Commission.If any claim, assessment, demand or claim is made against Genting (or the wider Genting Group) for payment of income tax, national insurance contributions, VAT or similar contributions due or in connection with the Referral Commission then the Affiliate hereby agrees that it shall indemnify Genting ( and Genting Group, meaning throughout, Genting Berhad and its group companies) against any liability assessment, demand, or claim, on a full and continuing basis, notwithstanding termination of this Agreement, together with all costs and expenses thereon and any penalty fine or interest incurred or payable by Genting (or Genting Group Companies) tin connection with or in consequence of any such liability assessment or claim.
     
    6.6 Both parties agree that Affiliate shall not benefit from traffic known or suspected to have not been generated in good faith, whether or not it causes Genting damage. Genting reserves the right to retain all amounts due to the Affiliate or to set-off against amounts due to the Affiliate under this Agreement if Genting has reasonable cause to believe that traffic and/or elements of NGR has been caused or generated other than in good faith, even if the Affiliate has not knowingly generated such traffic. Genting reserves the right to withhold commission in respect of such .
     
    6.7 Both parties agree and acknowledge that Affiliates Referral Commission is at all times subject to User(s) continuing compliance with Genting?s terms and conditions of play, as updated on the Genting Website(s) from time to time.
     
    6.8 Both parties agree and accept that no Referral Commission will be payable to Affiliate in event that (i) Affiliate is in breach of these terms; (ii) User?s use of Genting Website(s) is in breach of terms and conditions of play; or (iii) either Affiliate or User is reasonably suspected of fraud, cheating, collusion or other impropriety in respect of the Website(s) or gaming conducted thereon.
     
    6.9 Both parties agree and acknowledge that as a condition to payment of Referral Commission that:-
    6.9.1 Genting reserves the right to make reasonable changes to its commission page and rate, including to the levels of commission due to Affiliates and relevant requirements for entitlement from time to time, and any such changes shall take affect immediately on their being changed on Genting?s commission page.
    6.9.2Genting has a continuing right to reduce the revenue share of Affiliates, or to terminate this Agreement and remove such Affiliates, who do not deliver at least one new Active User in a given calendar month or otherwise have 3 Active Users in same reporting period. We will notify you by email where such a reduction or termination will occur.? Accounts that are inactive for a longer period (e.g. where you have failed to deliver at least one new Active User in the last six months) may also incur an administrative fee, but no such administrative fee will be deducted from your account prior to our having made reasonable efforts to contact you via the contact details last provided by you to Genting. The administrative fee will be applied against the payments (including future payments) that would otherwise be payable to you. If you have any queries regarding inactive accounts, please contact us for further information.
    6.9.3 Genting may engage the services of a third party (currently ?Income Access?) to provide both the affiliate platform and system maintenance. We have service levels in place and expect these to be upheld but ultimately we do not have total control over these services and you agree that we cannot be held responsible for any failures arising from such third party services. You agree to cooperate with us, and with our third party service providers.
    6.9.4 We shall make reasonable efforts to make any payments due to you in a timely manner. However, we shall not be liable for occasional delays or delays outside of our control. For example, any changes in the contact or banking details provided by you may give rise to a delay of up to 60 days in making any payments due. Where you become aware of any overdue payments due to you, please contact us immediately and we will seek to resolve the matter as soon as practicable.
    6.9.5 We shall use reasonable endeavours to make payments due to you using the payment details provided to us. However, in certain circumstances we may be unable to make payments to you for reasons outside of our control (including but not limited to instances where the bank account details provided by you are inaccurate or incomplete). Where this occurs, we shall make reasonable efforts for a period of up to six (6) months to contact you via the contact details last provided by you to Genting to obtain alternative payment details. If we are still not in a position to make the payments after this period, we may close or suspend your account without further notice and you shall be deemed to have forfeited any entitlement to payment. Any funds will thereafter be dealt with in accordance with AGCC rules.
    6.9.6 If an error is made in the calculation of your share of the revenue share, Genting reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by Genting to you (including, without limitation, by way of set off against future payments which might otherwise be due to you.
    6.9.7 Genting may withhold or void transactions by Users (and ensuing Referral Commission to Affiliates) which is accrued by or in connection with fraudulent, collusive, or improper activity on the Genting Website(s) or otherwise accrued in breach of Genting Website(s) terms and conditions.



    OLD SET OF COMMISSIONS TERMS

    GA Obligations
    5.1 Subject to the Affiliates ongoing compliance with the provisions of this Agreement GA hereby agrees and undertakes that it shall pay the Affiliate?s Commission, as provided by and subject to, the conditions contained in Clause 6 (inclusive).
    5.2 GA hereby agrees and undertakes that it will process personal data received from the Affiliate only for the purposes detailed in this Agreement. Affiliate personal data may also be processed by other GA companies but will not be passed to any third party save where necessary to conform to legal or regulatory requirements, comply with legal process, or act to protect the interests of GA following a breach of this Agreement by the Affiliate.
     
    6 Payment & Process
    6.1 The Affiliate shall earn a mutually agreed percentage of Net Profit (the ?Referral Commission?) (as defined in clause 6.2) of the stakes/funds placed by Users accessing the GA Website(s) through the Affiliates? Link(s), payable to Affiliate monthly in arrears.
    6.2?????????????? For the purposes of 6.1 ?Net Profit? shall comprise, as appropriate, ?Casino Activity Net Profit?, and/or ?Poker Activity Net Profit?
    6.2.1 Casino Activity Net Profit shall comprise the value of the balance of funds placed by Users introduced to the GA Website(s) through the Affiliates Link(s), less
    6.2.1.1 Funds transferred out;
    6.2.1.2 Closing balance;
    6.2.1.3 Credits made to Users;
    6.2.1.4 Bonus credits;
    6.2.1.5 Licensing fees third party and network Costs;
    6.2.1.6 Charge-backs;
    6.2.1.7 Progressive fees;
    6.2.1.8 Bad debts;
    6.2.1.9 Payment services and processing costs (including age verification costs);
    6.2.1.10 Deductions for fraud of Users or Affiliate(s); and
    6.2.1.11 any other reasonable costs as reasonably determined and communicated by Genting Alderney (collectively ?Casino Activity Net Profit?)
    6.2.2Poker Activity Net Profit shall comprise the value of the balance of funds placed/staked by Users introduced to the GA Website(s) through the Affiliate Link(s), less
    6.2.2.1 The gross rake;
    6.2.2.2 Licensing fees, third party and network costs;
    6.2.2.3 Poker chips bonus;
    6.2.2.4 Charge-backs;
    6.2.2.5 Bad debts;
    6.2.2.6 Deductions for fraud of Users or Affiliates;
    6.2.2.7 Payment services and processing costs (including age verification costs);
    6.2.2.8? Customer service costs; and
    6.2.2.9 any other reasonable costs as reasonably determined and communicated by GA. (collectively ?Poker Activity Net Profit?)
     
    6.3 Payment of the Referral Commission in accordance with and as provided by clause 6.1 shall be conditional upon the Net Profit (comprising Casino Activity Net Profit and Poker Activity Net Profit as applicable and in aggregate) exceeding ?100 in any monthly period. For the avoidance of doubt GA reserves the right to hold over any Net Profit (whether or not exceeding ?100) in respect of any part month at commencement of this Agreement to the next full monthly period , at its sole discretion.
     
    6.4 In the event that Affiliate accrues negative return(s) for Net Profit, GA reserves the right at its sole discretion to withhold payment under clause 6.1 and/or set off negative returns against any future Net Profit and to pay Affiliate Net Profits less negative returnsin the event that:-
    6.4.1 Affiliates have fewer than 5 active referred Users during any one month; or
    6.4.2 Affiliates have fewer than 15 active referred Users, any one of which has online deposits during a monthly period of more than ?5,000 (currency equivalent or greater), where the basis of the Agreement between GA and Affiliate is that Affiliate is to introduce VIP Casino Players.
     
    6.5 All amounts payable by GA pursuant to this Agreement shall be inclusive of all applicable taxes. For avoidance of doubt Affiliate agrees that it shall make arrangements to pay any taxes chargeable on its receipt of Referral Commission.
    6.6 The parties agree for the purposes of 6.2 that tournament fee revenue shall not be paid on tournament fees generated from private (non network ) tournaments. Instead a manual deduction shall be made to Poker Activity Net Profit to remove this proportion of tournament fees (if any ) from Poker Activity Net Profit .
    6.7 Both parties agree that Affiliate shall not benefit from traffic known or suspected to have not been generated in good faith, whether or not it causes GA damage. GA reserves the right to retain all amounts due to the Affiliate or to set-off against amounts due to the Affiliate under this Agreement if GA has reasonable cause to believe that traffic and/or elements of Net Profit has been caused or generated other than in good faith, even if the Affiliate has not knowingly generated such traffic. GA reserves the right to withhold commission in respect of such traffic


    TERM AND TERMINATION

    10 Termination
    10.1 Either party may terminate this Agreement at any time:-
    10.1.1 upon 3 days notice , either in the event of breach of this Agreement, ; or with/without
    10.1.2 upon 5 days notice without cause . In or in the event of termination GA shall be obliged to settle and pay outstanding any outstanding Referral Commission due to the Affiliate save for any aspect of the same retained in accordance other's insolvency.
    10.2 Genting may terminate this Agreement with clause 6immediate effect, within 30 days of termination. For avoidance of doubt where:-
    10.2.1 the Affiliate shall not be entitled has breached or is likely to Referral Commissions accrued following termination breach Regulatory Requirements;
    10.2.3 the continuance of this Agreement (i.e. from third day is or is likely to impair Genting?s business goodwill or general business reputation; or
    10.2.4 any regulatory or statutory approval or licence held by Genting is or is likely to be impaired as a consequence of notice) 10.2??????this Agreement.
     
    10.2 Fortwith on termination of the Agreement, the Licence granted by clause 2 shall immediately terminate, accordingly and the Affiliate ?agrees that they shall:- it shall:-
    10.2.1 disable the Link(s); Link(s);
    10.2.2 remove the Link from the Affiliate Website;
    10.2.3 immediately remove all Icons and Banners and Link(s) from the Affiliates Website(s);
    0.2.4 immediately return or destroy (as appropriate) all Confidential Information provided to it by GA Genting pursuant to clause 12;
    10.2.5 destroy any copies of material from the GA or GA Genting Website(s) which are in the Affiliates possession or control 10.3 Clauses 2.3, 4.3, 9, 10.2, 11.1, 12, 13.8 and 13.9 shall survive termination of this Agreement, Clause 12 shall endure for a period of three years from date of termination.
    10.4 For the avoidance of doubt GA Genting may terminate this Agreement immediately without notice if:-
    10.4.1 it determines, in its sole discretion that any content of the Affiliates Website(s) or the Affiliates use of the Link(s) is unsuitable. Unsuitable sites shall include but are not limited to those that are aimed at children, display child pornography or other illegal sexual acts, promote violence or discrimination, otherwise promote illegal activities or violate IPR rights (of GA Genting or a third party).
    10.4.2 it determines, at its sole discretion, that any content on the Affiliates Website(s) (including without limitation, content provided to the Affiliate by GA Genting under this Agreement and the Affiliates use of the Link(s) on the Affiliates Website(s), is or is reasonably likely to be in breach of any applicable Committee of Advertising Codes, DPA, or other Regulatory or Statutory Requirement as may apply to such content from time to time, or if Genting . ?10.4.3???? it reasonably determines or suspects that the Affiliates Website (s) is hosted within a territory listed (or soon you are for any reason unsuitable to be listed) in an affiliate or you have otherwise breached the banned territories section terms of our Software Terms this Agreement.?10.5??????? Clauses 2.3, 4.3, 9, 10.3, 11, 12, 13.8 and Conditions. 11?????????13.9 shall survive termination of this Agreement, Clause 12 shall endure for a period of three years from date of termination.?11?????????? Liability 11.1??????

    11.1 Save as provided by clauses 4.3, 9, 11, and 12, and save as to liability accrued by either party in respect of fraud, death or personal injury, neither party nor their affiliates shall be liable or obliged by under this Agreement, under contract, negligence, strict liability or other legal or equitable duties for any special, incidental or consequential damages, including without limitation, damages for loss of profits, anticipated profits, revenues, anticipated savings, goodwill, business opportunity, or loss of data.
    11.2 Subject at all times to the general limitation at 11.1, Genting?s maximum liability under this Agreement for all claims arising from this Agreement shall be limited to any outstanding Referral Commission between Affiliate and Genting as at date of termination.


    That is the majority of it.... but I have attached the actual terms alert for your perusal.

    Andy
     

    Attached Files:

  9.  
    Guard Dog

    Guard Dog Guard Dog Staff Member

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    Genting is now in the Rogue Section.
     
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  10. admin Notification Admin Staff Member

    The Affiliate Management team has been notified of the new post.
  11.  
    Guard Dog

    Guard Dog Guard Dog Staff Member

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    Another terms change came in today:

    6.2 (Payment) Referral Commission means the percentage of NGR payable by Genting to the Affiliate for Active Users introduced to the Genting Website(s) via the Affiliate(s) Link(s) in accordance with the commission plans shown on http://www.gentingaffiliates.com/commission-plans/ as plan agreed with Genting in writing. This may be amended and updated from time to time and in accordance with the pre-conditions and deductions from NGR outlined in clause
     
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    The Affiliate Management team has been notified of the new post.
  13.  
    Guard Dog

    Guard Dog Guard Dog Staff Member

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    FYI - Genting is looking into the terms. I don't have any more news than that, only that I was finally able to make contact with them and they are having a second look at the changes made to the contract.
     
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  14. admin Notification Admin Staff Member

    The Affiliate Management team has been notified of the new post.
  15. admin Notification Admin Staff Member

    A reminder is sent to all affiliate managers.
  16.  
    Guard Dog

    Guard Dog Guard Dog Staff Member

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    All original terms are re-instated. Removed from rogue pit.
     
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