Updated Terms Still Predatory

Discussion in 'Intouch Partners' started by Guard Dog, Sep 17, 2020.

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    Guard Dog

    Guard Dog Guard Dog Staff Member

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    Recent updates have been made to their T&Cs

    3. Affiliate Duties and Responsibilities

    1.The Affiliate shall:


    1. use all reasonable commercial efforts to market and promote the Platform so as to generate the maximum possible number of Referred Players and first time depositors;


    5. Commission and Payments

    1. During the term of this Agreement, We shall pay the Affiliate Commission in respect of referred depositing Customers as specified below. We will make all reasonable efforts to pay all Commission accrued by an Affiliate in a particular calendar month by the 16th of the immediately following calendar month.

    2. Unless otherwise agreed in writing with Us, Commission will be calculated as a percentage of Net Revenue generated by the Affiliate’s Referred new and depositing The percentage of the Affiliate’s share of Net Revenue for each calendar month depends on the total number of new Referred first time depositors during that same calendar month, as set out below:-



    COMMISSION STRUCTURE

    NUMBER OF FIRST TIME DEPOSITORS PER CALENDAR MONTH

    AFFILIATE’S NET REVENUE SHARE

    TIERS

    0 20%

    1-10 25%

    11-40 35%

    41-100 40%

    101+ 45%

    3. By way of example only, during January, fifteen (15) first time depositors are introduced to the Platform by the Affiliate’s Link(s). The Affiliate will therefore receive Commission of 35% of January’s Net Revenue in respect of those Referred Customers. In February, only four (4) first time depositors are introduced; the Affiliate will therefore receive Commission of 25% of February’s Net Revenue from the nineteen (19) first time depositors introduced to the Platform by that Affiliate to date (fifteen (15) from January and four (4) from February). In March, another thirty (30) first time depositors are introduced by the Affiliate (bringing the Affiliate’s total of first time depositors up to forty-nine (49)). The Affiliate will therefore receive Commission of 35% of March’s Net Revenue from the forty-nine (49) first time depositors. In April, no new first time depositors are introduced by the Affiliate. In those circumstances, the Affiliate will receive Commission of 20% of April’s Net Revenue from the forty-nine (49) first time depositors referred by that Affiliate to date.

    4. The Affiliate understands and accepts that the Affiliate’s percentage share of Net Revenue (and hence Commission) will vary from time to time depending on how many first time depositors are referred to the Platform by the Affiliate Site each calendar month.

    5. The Affiliate understands and accepts that We shall, in Our absolute and sole discretion, determine whether:-


    1. a user who is referred to the Platform via a Link shall be accepted as a Referred Customer or not; and
    2. to close a Referred Customer’s account if, in Our sole opinion, it is necessary to comply with Our policies, licences or the regulations applicable to Us or is otherwise necessary to protect Our interests. For the avoidance of doubt, Net Revenue shall cease to be calculated (and the Affiliate’s right to receive Commission in respect of such account) shall cease upon account closure.

    6. We reserve the right to enter into individual and bespoke Commission arrangements with an Affiliate from time to time. Such arrangements will be subject to an agreed level (either numerical, financial or calibre) of Referred Customer or first time depositors and will be recorded by Us in NetRefer. In the event that the Affiliate does not achieve the required level, we reserve the right (upon 7 days’ notice to the Affiliate) to terminate the Affiliate’s individual Commission arrangements and, from then on, to calculate the Affiliate’s Commission in accordance with paragraph 5.2. For the avoidance of doubt, this Agreement (with the exception of paragraph 5.2, for such period as an individual Commission arrangement is in place) will apply to all Affiliates.

    6.1. If affiliates promote us without discussing a deal with us beforehand and are not on the default reward plan for all brands then the default commission will be RS 20%
    6.2. If an affiliate is on the default reward plan and has never agreed any unique deals with us for any brand then any new brand released will be put on the default reward plan.
    6.3 Deals may be agreed uniquely per individual brand.
    6.4 Once an individual or unique reward plan has been agreed, an affiliate will be unable to change back to the default reward plan.


    7. The Affiliate acknowledges and agrees that no payments are due to it under this Agreement otherwise than as expressly set out in it. In particular, but without limitation, no Commission will be due in relation to:-


    1. any wagers, Deposits or other activity on the Platform made by or on behalf the Affiliate, any parent undertaking or subsidiary of the Affiliate, any employee, agent or officer of the Affiliate or any other natural person related to the foregoing;
    2. any Deposits resulting from the fraudulent or unlawful use of a credit, debit or other payment mechanism or by any other fraudulent or unlawful means;
    3. any Deposits which are subsequently cancelled, refunded, reversed or charged back
    4. deposits made from accounts deemed as bonus abuse accounts as set out in our brands terms and conditions, in particular due to suspicious playing patterns or suspicious patterns across customer accounts.
    8. In the event that the total Commission payable by Us to an Affiliate is less than the minimum thresholds set out below, We shall roll any Commission due over to the subsequent calendar month (or months) until the relevant minimum threshold is achieved:-


    9. Payments to the Affiliate will be made in UK Pounds sterling using such payment details as are provided by the Affiliate during the registration process (or as otherwise notified to us in writing from time to time).

    10. We reserve the right, both before and after termination of this Agreement,:-


    1. to withhold permanently and/or recover any Commission due or paid to an Affiliate as a result of fraudulent, deceptive or misleading activity by the Affiliate or anyone acting on its behalf (including, but not limited to, as detailed in clause 5.6) regardless of whether We suffer harm; and
    2. to set off any amount owed to the Affiliate against any amount owed to Us, whether as a result of this Agreement or otherwise including, but not limited to, any loss or damage which we suffer arising out of any act or omission by the Affiliate.

    11. Nothing in this Agreement shall give or be deemed to give the Affiliate a right to audit Our accounts and records.
     

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