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Poker Affiliate World adds Inactivity Clause
TERMS SPIDERED ON MARCH 17TH, 2011 05:16 AM
SUMMARY: PAW Adds a stupid rule to their termination clause. This states that if you do not log into your account in 18 months, your earnings are forfeit.
Termination for Inactivity
V. TERM AND TERMINATION 5.1 Term and Termination. This Agreement will take effect when you start promoting any websites or poker sites on the PAW Network through our unique trackers. This Agreement will be continuous until terminated pursuant to this Section 5. Notwithstanding the foregoing and during a period of seven (7) days following your receipt from us of your Trackers, we reserve the right to refuse your application to join the Affiliate Program. In the event that we elect to refuse your application subsequent to your receipt of the Trackers, we shall notify you of the same and we shall be entitled to render the Trackers inoperative. 5.2 Termination By You. You may terminate this Agreement, with or without cause, immediately upon written notice to us. In addition, you may cease marketing through the PAW Network any time you want. 5.3 Termination By Us. We may terminate this Agreement, with or without cause, upon thirty (30) days written notice to you. Further, we may terminate this Agreement immediately, without notice, in the following events: a. Youmaterially breach this Agreement and do not cure within fifteen (15) days of notice to cure; b. We determine, in our reasonable discretion, that you knowingly benefited from Fraud Traffic as set forth in Section 2.8 herein; and c. The total number of new Players introduced by you in a sixty (60) day period is less than 1. 5.4 Effect of Termination: The following will apply upon the effective date of termination: a. You will stop promoting websites, poker rooms, or casinos on the PAW Network and all rights and licenses given to you under this Agreement will terminate immediately, except as expressly stated herein; b. You will return all confidential information and cease use of any of our trade names, trademarks, service marks, logos, banners and other designations; c. We may leave open, redirect or deactivate any Trackers in our sole discretion without any obligation to pay you on new Players who come in or would have come in on those Trackers; d. We will continue to pay you Affiliate Fees for all existing Players who signed up through the effective date of termination and on any Gross Revenue generated by these Players subject to the terms of this Agreement and any other user agreements to which they have agreed to; and e. Notwithstanding anything to the contrary contained herein, in the event we determine, in our reasonable discretion, that you materially violated the provisions of Section 3, we may in our sole discretion stop, cancel and confiscate all your Affiliate Fees; and in such case, we do not waive any other legal rights we have against you. f. Inactivity If your account remains inactive for a period of no less than 18 months. If a member of PAW does not login in his/her account within 18 months this will be deemed as inactivity. In the event an affiliate account is closed due to inactivity all trackers, earnings and anything associated with that account will be forfeited to PAW. An affiliate with a closed account due to inactivity can at any time after the fact request for the account to be reopened knowing full well that trackers and earnings remain the property of PAW.
SUMMARY: This is just a crappy term, IMO. There are many accounts I do not log into at all. I still have banners up, but do not log in. This term would allow them to steal my players and commissions in that case. Crazy!
Poker Affiliate World adds Inactivity Clause
TERMS SPIDERED ON MARCH 17TH, 2011 05:16 AM
SUMMARY: PAW Adds a stupid rule to their termination clause. This states that if you do not log into your account in 18 months, your earnings are forfeit.
V. TERM AND TERMINATION 5.1 Term and Termination. This Agreement will take effect when you start promoting any websites or poker sites on the PAW Network through our unique trackers. This Agreement will be continuous until terminated pursuant to this Section 5. Notwithstanding the foregoing and during a period of seven (7) days following your receipt from us of your Trackers, we reserve the right to refuse your application to join the Affiliate Program. In the event that we elect to refuse your application subsequent to your receipt of the Trackers, we shall notify you of the same and we shall be entitled to render the Trackers inoperative. 5.2 Termination By You. You may terminate this Agreement, with or without cause, immediately upon written notice to us. In addition, you may cease marketing through the PAW Network any time you want. 5.3 Termination By Us. We may terminate this Agreement, with or without cause, upon thirty (30) days written notice to you. Further, we may terminate this Agreement immediately, without notice, in the following events: a. Youmaterially breach this Agreement and do not cure within fifteen (15) days of notice to cure; b. We determine, in our reasonable discretion, that you knowingly benefited from Fraud Traffic as set forth in Section 2.8 herein; and c. The total number of new Players introduced by you in a sixty (60) day period is less than 1. 5.4 Effect of Termination: The following will apply upon the effective date of termination: a. You will stop promoting websites, poker rooms, or casinos on the PAW Network and all rights and licenses given to you under this Agreement will terminate immediately, except as expressly stated herein; b. You will return all confidential information and cease use of any of our trade names, trademarks, service marks, logos, banners and other designations; c. We may leave open, redirect or deactivate any Trackers in our sole discretion without any obligation to pay you on new Players who come in or would have come in on those Trackers; d. We will continue to pay you Affiliate Fees for all existing Players who signed up through the effective date of termination and on any Gross Revenue generated by these Players subject to the terms of this Agreement and any other user agreements to which they have agreed to; and e. Notwithstanding anything to the contrary contained herein, in the event we determine, in our reasonable discretion, that you materially violated the provisions of Section 3, we may in our sole discretion stop, cancel and confiscate all your Affiliate Fees; and in such case, we do not waive any other legal rights we have against you. f. Inactivity If your account remains inactive for a period of no less than 18 months. If a member of PAW does not login in his/her account within 18 months this will be deemed as inactivity. In the event an affiliate account is closed due to inactivity all trackers, earnings and anything associated with that account will be forfeited to PAW. An affiliate with a closed account due to inactivity can at any time after the fact request for the account to be reopened knowing full well that trackers and earnings remain the property of PAW.
SUMMARY: This is just a crappy term, IMO. There are many accounts I do not log into at all. I still have banners up, but do not log in. This term would allow them to steal my players and commissions in that case. Crazy!
Poker Affiliate World adds Inactivity Clause