PaddyPartners Terms Update

[bonusgeek]

So I just signed up with PaddyPartners a few weeks ago and while logging in today noticed that I needed to agree to their new terms in order to continue. About 2 seconds in I see this

3.1 Throughout the term of this Agreement, you shall:
3.1.1 prominently incorporate and continually display the most up-to-date Links provided to you by Paddy Power on your Site and you shall not alter the form, location or operation of the Links without Paddy Power's prior consent.
3.1.2 provide Paddy Power with all data and information (including, but not limited to, passwords) at no charge to Paddy Power to enable Paddy Power to monitor your Site to ensure you are complying with these terms and conditions.

Like I said I just started working with them but I don't know about getting deeper into bed with a program that thinks they can dictate how I run my business. Like I said I noticed this right off the bat, there might be more like this in these terms. Any thoughts?

 

[Guard Dog]

Anytime we see terms where programs are attempting to dictate location, prominence, and/or visibility of their promotional material - we request removal or re-wording.

I, personally, would not promote an organization with such a clause. It's just not worth it.

 

[bonusgeek]

I agree but will wait to hear from them before making any changes. No way I am going to try to build up a player base under these terms. If they don't like their exposure they can sever the relationship and keep my players, basically holding me hostage for more exposure. I didn't get the vibe that they play the game like that in my few correspondences with them but nevertheless it gives me pause having this stuff in the terms.

Anytime we see terms where programs are attempting to dictate location, prominence, and/or visibility of their promotional material - we request removal or re-wording.

I, personally, would not promote an organization with such a clause. It's just not worth it.

 

[fintan]

Hi

My name is Fintan and I'm the head of online marketing for Paddy Power, I saw this thread and thought I would respond and clarify.

First off, anyone who promotes Paddy Power or deals with any of our affiliate team here, will vouch that we don't tell affiliate how to run their business, thats just not our style.

With regards the two points you have raised from our T&C's

3.1.1
Is a standard clause in all affiliate agreements and basically means if you are using our banners, use the most up to date ones. The reason we have this clause is that sometimes we change offers and it is confusing for potential customers to see expired sign-up offers.

3.1.2
This could be worded better, but its actually in reference to 3.1.1, some websites have members / paid sections which require passwords, so in order for us to understand / see how you are promoting us we would require access to such sections to see what is going on.

Its not something we ever do, its just more in case there is ever a customer complaint (eg, "on website x they said if I signed up to paddypower I would get 1,000,000 free money and a new house") we would obviously need to investigate website x and talk to the affiliate about how they are promoting us.

In no way should either point be considered us telling you how to run your business, they are safe guards to make sure we don't have un-happy customers.

I hope that makes sense, if you would like to talk further or go through anymore points, lets pick a time for a call and we can talk through it.

Cheers

Fintan

 

[bonusgeek]

3.1.1
Is a standard clause in all affiliate agreements and basically means if you are using our banners, use the most up to date ones. The reason we have this clause is that sometimes we change offers and it is confusing for potential customers to see expired sign-up offers.

Hi Fintan, thanks for coming by. I personally would like to see 3.1.1 worded a little differently. You mentioned above how this is to make sure affiliates have the most up to date info on their sites and I don't think anyone will have a problem with that. But the part about how affiliates must prominently display and also the part about affiliates may not alter the location of the links is what concerns me.

Can you consider maybe rewording that part of the clause? If your goal is to make sure your affiliates have the most up to date info on their sites, then I don't see any need for throwing words like "prominently display" or "that "affiliates should not alter location of the links without prior consent". Those are both a little ambiguous and really constitute an affiliates breach of contract if we make some changes without your consent which then leaves your program open to do what they want with us and our player base.

If your never going to use the clause in that way then I am sure you would agree its silly to even have it in there. Thanks again for looking into this!!

 

[fintan]

Hi

I think you are reading this too literally: "prominently incorporate" is essentially saying we need to be able to see how you are promoting us on your website.

For example an affiliate with none of our banners on their site but is somehow sending us lots of traffic sets off alarm bells and is generally not good. ( I have some war stories about this, I'll tell you about over a pint)

"alter links", is so we don't have one of our banners pointing to a competitors site (as its very confusing for the customer).

Hope that makes sense

Cheers

Fintan