Simon Says Affiliates - Terms Certified!

[Guard Dog]

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[summary]
Simon Says Affiliates - Simon Says Affiliates

AVAILABLE TO PROMOTE: Simon Says Casino (Rival Powered Casino)

Simon Says Affiliates was made to allow affiliates to promote their Simon Says Casino which is using the Rival software platform.[/summary]

[goodterm]COMMISSIONS PLANS[/goodterm]

[newterm][newtermtitle] Commissions Plan - Revenue Sharing [/newtermtitle]You will earn 30% of the casino gross revenue for the players you refer to the casino.[/newterm]

[goodterm] SUB-AFFILIATE EARNINGS [/goodterm]

[newterm][newtermtitle] Sub Affiliates [/newtermtitle]
If an affiliate signs up after clicking on one of your SimonSays Casino Affiliate banners they become a sub-affiliate of yours and you receive 10% of their commission.[/newterm]

[goodterm] NEGATIVE CARRYOVER [/goodterm]

[newterm][newtermtitle] Negative Carryover [/newtermtitle]If your account is in a negative position (e.g. because customer winnings have exceeded customer losses) the negative position will be carried over into the following month(s).[/newterm]

[goodterm]COMMISSIONS PAYMENTS[/goodterm]

[newterm][newtermtitle] Payment Date [/newtermtitle]No, negative balances will not carry over to the next month. If you have a month with negative commission you will start at zero on the first day of the next month.[/newterm]

[goodterm]MINIMUM PAYMENT[/goodterm]

[newterm][newtermtitle] Minimum Payment [/newtermtitle]We make commission payments every month your balance is above $50. Balances carry over from month-to-month so you will receive your commission even if it takes you several months to reach $50.[/newterm]

[goodterm] CHARGEBACKS [/goodterm]

[newterm][newtermtitle]Chargebacks [/newtermtitle]1.14 'Casino Gross Revenue' shall mean the sum total of all of a Real New Player's bets while playing at the casino, less the winnings of the Real New Player, less any credits, bonus or promotional amounts given to the Real New Player, less any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to a Real New Player by Bonne Chance to settle a claim involving the allegation of credit card or other abuse or fraud) or any uncollectable revenue attributable to Real New Player.[/newterm]


[goodterm] SPAM POLICY [/goodterm]

[newterm][newtermtitle] Spam Policy [/newtermtitle]

7.4 In the giving of effect to this Agreement the Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.

7.4.1 Any form of Spam will result in the Affiliate's account being placed under review and all funds due to the Affiliate being withheld pending an investigation. If Bonne Chance incurs expenses and/ or damages in dealing with Spam generated mail or being blocked by third party Internet Service Providers these same expenses and/ or damages will be deducted from the Affiliate's account. If this occurs, the amount of such expenses and/ or damages as determined by Bonne Chance will be deemed fair and final and acceptable to the Affiliate. Should these expenses and/ or damages not be covered by funds in the Affiliate's account Bonne Chance has the right to investigate other alternative means for obtaining payment, for example: should the Affiliate's account have generated purchasing accounts Bonne Chance will hold payment of commission for these accounts until such a time as the account for expenses and/ or damages has been cleared. Should the Affiliate's account not be active nor be generating profit through commission payments Bonne Chance shall have the right to demand and obtain payment from the Affiliate.

7.4.2 Should the Affiliate require more information regarding Bonne Chance's Spam policy, please contact Bonne Chance antispam@simonsayscasino.com

7.4.3 Should the Affiliate wish to report any incidences of Spam, please contact Bonne Chance at antispam@aimonsayscasino.com
[/newterm]


[goodterm] TERMINATION [/goodterm]

[newterm][newtermtitle] Termination [/newtermtitle]


12.1 This Agreement can be terminated by Bonne Chance at any time without notice should the Affiliate breach one or more of its obligations under this Agreement OR IF IT IS DETERMINED AT BONNE CHANCE'S SOLE DISCRETION THAT THE AFFILIATE'S SITE IS UNSUITABLE. Unsuitable sites are, inter alia, but not limited to, those sites that are aimed at children, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights, or are otherwise considered by Bonne Chance to bring Bonne Chance or its Merchants into disrepute or prejudice the interests of Bonne Chance or its Merchants in any way. In the event that the Agreement is terminated in accordance with this section, the Affiliate will immediately cease to be entitled to receive Commission or any other amounts that would be otherwise payable by Bonne Chance to the Affiliate.

12.4 Upon termination for reasons other than those outlined at paragraph 12.1 above, the Affiliate shall continue to be entitled to receive Commission earned up to the time of termination plus any other amounts owing by Bonne Chance to the Affiliate under this Agreement.
[/newterm]

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[Nandakishore]

Andy, I think the T&Cs of Simon Says have been changed considerably since your evaluation. One part of the Terms of Use, the section 11.A.1 Commission Schedule is missing altogether, so the document is actually not valid, especially since there are many references to 'Commission Schedule'. I could not also find anything about the sections 'Negative Carryover', 'Minimum Payment' and 'Payment Date' in the current T&C.

Nandakishore

 

[Guard Dog]

I don't believe they have, actually, but will take a look as soon as I get my servers updated. The information above is a mix of both Terms and Conditions and Commissions/FAQ pages. I will have the server(s) running in a short while and will cross-check all databases (which should be identical, but I will run a verification of that).

Once the evaluation is run against the timestamped T&Cs, I will have a definite answer for you. All terms are collected on a daily basis, so the evaluation will take some time to verify all information.

Thanks for the tip!

 

[Guard Dog]

ok, I ran the verification program manually. Sorry it took so long, but there is A LOT of data in our system and I am running both a binary and a contextual compare to ensure that nothing is missed.

The terms are 100% exactly the same as when this terms review came out. You can verify yourself by viewing the wayback machine at:

Simon Says Online Casino Affiliates Terms and Conditions

You can see that, at the beginning of January 2008, the terms did not have 11.A.1 like the topmost index shows.

You can bet, though, that we have been monitoring their commissions page as well. You can see all the pages of the various programs we are monitoring at:

Casino Affiliate Program Terms Tracked

 

[Nandakishore]

When I sign up I have to say "I have read and agree to the Affiliate Program Terms & Conditions". And in this document, the section "11.A.1 Commission Schedule", which is there at the top in the content list and which is referred to time and again in many sections, is not there! I just checked it again.

How can I agree to a document where a significant part is missing?

 

[Guard Dog]

When I sign up I have to say "I have read and agree to the Affiliate Program Terms & Conditions". And in this document, the section "11.A.1 Commission Schedule", which is there at the top in the content list and which is referred to time and again in many sections, is not there! I just checked it again.

How can I agree to a document where a significant part is missing?

I understand your problems with that. Most programs do not have their commissions structure within their T&C's, but I agree that they shouldn't 'point to' a place that doesn't exist in the terms contract.

I will send a note to Simon Says Affiliates to update this portion of their terms to either include commissions or remove the index pointer.