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BeWinners Affiliate program, the affiliate program of: BWin, Betoto, & Sajoo, are considered a Rogue Affiliate Program at AGD due to a recent RETROACTIVE Terms Change which implements a ton of predatory terms.
These predatory terms are, quite simply, designed to maximize the profits of BWin at the direct expense of their partners. The terms were NOT agreed to by their partners, but BWin does not care. They have implemented the terms anyway.
Below are the terms of this highly predatory affiliate program:
<div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Commissions - Confiscation</span></div>If no online invoice is created by the Partner within 12 months after credit of the Commission to his online wallet, the Commission shall be forfeited and will be deducted from his online wallet. This regulation also applies for Commissions older than 12 months, which have been transferred from former accounts of the Partner. Furthermore, all other demands and/or claims of the Partner against bwin shall be forfeited after 12 months after occurrence.</div><br /><div style="background-color:#9F9; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#0F0; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Commissions - Minimum Payment</span></div>The Commission can only be invoiced if the credit on the respective online wallet has reached a minimum amount of EUR 50,--. If this requirement is not met within one month, the Commission shall be carried over until a total of EUR 50,-- has accumulated for the respective online wallet.</div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Commissions - Negative Carryover</span></div>A negative Revenue Base will be balanced to zero and will not be carried over to the next calendar month. A negative Commission, however, will be carried over to the next calendar month. In case of termination of this Contractual Relationship, a negative Commission, if any, is payable within one month after the termination date.</div><br /><div style="background-color:#9F9; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#0F0; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Commissions - Payment Date</span></div>The Commissions shall be calculated by the Operator and shall - if possible - be credited to the online wallet of the Partner until the middle of the following calendar month.</div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Fraud</span></div><h2>§ 12 Fraud</h2><ol><li>The Partner shall not receive any Commission and the Contractual Relationship is terminated with immediate effect pursuant to § 10 if bwin suspects or can determine that one of the following fraudulent activities has taken place: <ol style="list-style-type: lower-alpha;"><li>Fraudulent activities by the players include, but are not limited to, the following: charge backs, incorrect player data, minor players, chip dumping, money laundering;</li><li>Fraudulent activities by the Partner include, but are not limited to, the following: if the Partner is also registered as a player – e.g. if the Partner and a Paying Active have the same IP address, if bwin therefore has doubt about the true identity of the Partner and if the Partner is not able to provide bwin with appropriate identification to effectively verify his identity.</li><li>Fraudulent activities in general include, but are not limited to, the following: credit card numbers in a negative bin number data base, multiple subscriptions from a single e-mail address, subscriptions with the same credit card number, sequential names or patterns of names, many subscriptions from a specific website within a short time span, subscriptions from employees or other parties related to the Partner and multiple attempts to subscribe from the same credit card.</li></ol></li><li>In the event bwin reasonably deems that a fraud has occurred in relation to the generation of the Commissions , bwin shall notify the Partner promptly of the nature of the fraud and – if known and subject always to bwin's Privacy Policy – of the identity of the perpetrator of the fraud. The Partner shall rectify the situation within 72 hours from the notification. If the situation cannot be clarified to the satisfaction of bwin within these 72 hours, bwin shall be entitled to close the account of the Partner as well as the access to the online wallet immediately and terminate the Contractual Relationship with immediate effect. bwin has the right to withhold any Commission as from the moment bwin suspects any fraudulent activity.</li></ol><p></p></div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Player Requirements</span></div>Paying Actives are those customers of bwin who i) have not yet had a player account with bwin and ii) have accessed the advertised bwin Website using the Link located on the Partner Website, iii) have properly registered with bwin within 30 days after their first access to the bwin Website by using the Link, iv) have made real money transfers to their player´s accounts and v) have performed at least one real money activity within 90 days after registration.</div><br /><div style="background-color:#9F9; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#0F0; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Spam</span></div>If bwin determines, at its sole discretion, that the Partner has engaged in any form of spamming or advertises bwin’s services in any other unauthorized way, bwin may (without limiting any other rights or remedies available to it) withhold any Commission otherwise payable to the Partner within the framework of this Contractual Relationship and/or terminate this Contractual Relationship with immediate effect upon its notice at any time during the term of this contract.</div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Strange Term</span></div>The Revenue Share shall be calculated as a percentage of the Revenue Base generated by the Paying Actives in the previous calendar month. The percentage rate of the Revenue Share shall depend on the number of new Paying Actives acquired by the Partner in the previous calendar month. The respective percentages are listed on the bwin website. bwin reserves the right to change the percentages at any time. However, starting three years after the date a customer has become a Paying Active and ending with the termination of the Contractual Relationship , the percentage rate of the Revenue Share for this customer shall be reduced to a fixed rate of 5%.</div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Termination</span></div><h2>§ 10 Term and Termination</h2><ol><li>This Contractual Relationship enters into force upon acceptation of the Partner's application by the Operator and is concluded for an indefinite period of time.</li><li>The Contractual Relationship may be terminated by either Party at any time without cause by giving a thirty (30) days prior notice sent by electronic mail.</li><li>The Contractual Relationship may be terminated by bwin with immediate effect in cases of fraud (or suspected fraud) pursuant to the regulations set out in § 11 or any breach by the Partner of the obligations (especially pursuant to § 8) and rules of these Terms and Conditions.</li><li>In case of termination, the Commission shall be calculated until the date of termination and the Partner may create an electronic invoice until the end of the calendar month following the termination. After expiration of that calendar month, no more invoices may be created by the Partner and the Partner is not entitled to any further refunds or any other claims for compensation against bwin after such termination. If the Commission does not exceed the minimum amount of EUR 50,--, no invoice can be created by the Partner and the Commission shall be forfeited to bwin's benefit.</li><li>In case of termination of the Contractual Relationship by bwin with immediate effect pursuant to § 10 para 3, the Partner shall not receive any open Commission from the day of termination, cannot create any invoice and the access to his online account shall be denied with immediate affect. The Partner will be informed about the termination of the Contractual Relationship with immediate effect by electronic mail.</li><li>bwin shall be entitled to counterbalance any Commissions still open with any claims against the Partner.</li><li>The account of the Partner will be closed automatically and the Contractual Relationship is automatically terminated if during three successive months no new Paying Actives are generated by the Partner. The Partner will be informed by bwin via electronic mail after two successive months without generation of a new Paying Active that 30 days later the Partner's account will be closed and the Contractual Relationship will be terminated automatically, if during the following 30 days no New Paying Active will be generated by the Partner. The remaining money on the online wallet will not be transferred to the Partner, if he did not create an electronic invoice until the end of the month following the closing of the account.</li><li>In case of termination of this Contractual Relationship , the Partner shall remove all implemented bwin links, as well as any other advertising material as names, symbols, logos or any other material, graphics and content, licensed or created by bwin and/or provided to the Partner by bwin in connection with this Contractual Relationship. He shall have no right of retention or contest. The Partner shall have no more access to his online wallet, which will be closed at the end of the month following the closing of the account.</li></ol><p></p></div><br /><br /><br /><div style="background-color:#6CF; padding-top: 5px; padding-bottom: 5px;border: solid #333 2px;">OLD Terms URL (Google Cache): http://webcache.googleusercontent.com/search?q=cache:6XrSLeAzUhsJ:https://www.bwin.com.mx/en/partnerprogram.aspx?view=agreement</div>
<br /><br /><div style="background-color:#6CF; padding-top: 5px; padding-bottom: 5px;border: solid #333 2px;">New Terms URL: http://www.bewinners.com/media/terms/bewinners%20T&Cs_EN.pdf</div>
These predatory terms are, quite simply, designed to maximize the profits of BWin at the direct expense of their partners. The terms were NOT agreed to by their partners, but BWin does not care. They have implemented the terms anyway.
Below are the terms of this highly predatory affiliate program:
<div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Commissions - Confiscation</span></div>If no online invoice is created by the Partner within 12 months after credit of the Commission to his online wallet, the Commission shall be forfeited and will be deducted from his online wallet. This regulation also applies for Commissions older than 12 months, which have been transferred from former accounts of the Partner. Furthermore, all other demands and/or claims of the Partner against bwin shall be forfeited after 12 months after occurrence.</div><br /><div style="background-color:#9F9; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#0F0; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Commissions - Minimum Payment</span></div>The Commission can only be invoiced if the credit on the respective online wallet has reached a minimum amount of EUR 50,--. If this requirement is not met within one month, the Commission shall be carried over until a total of EUR 50,-- has accumulated for the respective online wallet.</div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Commissions - Negative Carryover</span></div>A negative Revenue Base will be balanced to zero and will not be carried over to the next calendar month. A negative Commission, however, will be carried over to the next calendar month. In case of termination of this Contractual Relationship, a negative Commission, if any, is payable within one month after the termination date.</div><br /><div style="background-color:#9F9; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#0F0; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Commissions - Payment Date</span></div>The Commissions shall be calculated by the Operator and shall - if possible - be credited to the online wallet of the Partner until the middle of the following calendar month.</div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Fraud</span></div><h2>§ 12 Fraud</h2><ol><li>The Partner shall not receive any Commission and the Contractual Relationship is terminated with immediate effect pursuant to § 10 if bwin suspects or can determine that one of the following fraudulent activities has taken place: <ol style="list-style-type: lower-alpha;"><li>Fraudulent activities by the players include, but are not limited to, the following: charge backs, incorrect player data, minor players, chip dumping, money laundering;</li><li>Fraudulent activities by the Partner include, but are not limited to, the following: if the Partner is also registered as a player – e.g. if the Partner and a Paying Active have the same IP address, if bwin therefore has doubt about the true identity of the Partner and if the Partner is not able to provide bwin with appropriate identification to effectively verify his identity.</li><li>Fraudulent activities in general include, but are not limited to, the following: credit card numbers in a negative bin number data base, multiple subscriptions from a single e-mail address, subscriptions with the same credit card number, sequential names or patterns of names, many subscriptions from a specific website within a short time span, subscriptions from employees or other parties related to the Partner and multiple attempts to subscribe from the same credit card.</li></ol></li><li>In the event bwin reasonably deems that a fraud has occurred in relation to the generation of the Commissions , bwin shall notify the Partner promptly of the nature of the fraud and – if known and subject always to bwin's Privacy Policy – of the identity of the perpetrator of the fraud. The Partner shall rectify the situation within 72 hours from the notification. If the situation cannot be clarified to the satisfaction of bwin within these 72 hours, bwin shall be entitled to close the account of the Partner as well as the access to the online wallet immediately and terminate the Contractual Relationship with immediate effect. bwin has the right to withhold any Commission as from the moment bwin suspects any fraudulent activity.</li></ol><p></p></div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Player Requirements</span></div>Paying Actives are those customers of bwin who i) have not yet had a player account with bwin and ii) have accessed the advertised bwin Website using the Link located on the Partner Website, iii) have properly registered with bwin within 30 days after their first access to the bwin Website by using the Link, iv) have made real money transfers to their player´s accounts and v) have performed at least one real money activity within 90 days after registration.</div><br /><div style="background-color:#9F9; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#0F0; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Spam</span></div>If bwin determines, at its sole discretion, that the Partner has engaged in any form of spamming or advertises bwin’s services in any other unauthorized way, bwin may (without limiting any other rights or remedies available to it) withhold any Commission otherwise payable to the Partner within the framework of this Contractual Relationship and/or terminate this Contractual Relationship with immediate effect upon its notice at any time during the term of this contract.</div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Strange Term</span></div>The Revenue Share shall be calculated as a percentage of the Revenue Base generated by the Paying Actives in the previous calendar month. The percentage rate of the Revenue Share shall depend on the number of new Paying Actives acquired by the Partner in the previous calendar month. The respective percentages are listed on the bwin website. bwin reserves the right to change the percentages at any time. However, starting three years after the date a customer has become a Paying Active and ending with the termination of the Contractual Relationship , the percentage rate of the Revenue Share for this customer shall be reduced to a fixed rate of 5%.</div><br /><div style="background-color:#FAA; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#F00; font-weight:bold; "><span style="font-size:18;">Dated:2010-10-15 - Termination</span></div><h2>§ 10 Term and Termination</h2><ol><li>This Contractual Relationship enters into force upon acceptation of the Partner's application by the Operator and is concluded for an indefinite period of time.</li><li>The Contractual Relationship may be terminated by either Party at any time without cause by giving a thirty (30) days prior notice sent by electronic mail.</li><li>The Contractual Relationship may be terminated by bwin with immediate effect in cases of fraud (or suspected fraud) pursuant to the regulations set out in § 11 or any breach by the Partner of the obligations (especially pursuant to § 8) and rules of these Terms and Conditions.</li><li>In case of termination, the Commission shall be calculated until the date of termination and the Partner may create an electronic invoice until the end of the calendar month following the termination. After expiration of that calendar month, no more invoices may be created by the Partner and the Partner is not entitled to any further refunds or any other claims for compensation against bwin after such termination. If the Commission does not exceed the minimum amount of EUR 50,--, no invoice can be created by the Partner and the Commission shall be forfeited to bwin's benefit.</li><li>In case of termination of the Contractual Relationship by bwin with immediate effect pursuant to § 10 para 3, the Partner shall not receive any open Commission from the day of termination, cannot create any invoice and the access to his online account shall be denied with immediate affect. The Partner will be informed about the termination of the Contractual Relationship with immediate effect by electronic mail.</li><li>bwin shall be entitled to counterbalance any Commissions still open with any claims against the Partner.</li><li>The account of the Partner will be closed automatically and the Contractual Relationship is automatically terminated if during three successive months no new Paying Actives are generated by the Partner. The Partner will be informed by bwin via electronic mail after two successive months without generation of a new Paying Active that 30 days later the Partner's account will be closed and the Contractual Relationship will be terminated automatically, if during the following 30 days no New Paying Active will be generated by the Partner. The remaining money on the online wallet will not be transferred to the Partner, if he did not create an electronic invoice until the end of the month following the closing of the account.</li><li>In case of termination of this Contractual Relationship , the Partner shall remove all implemented bwin links, as well as any other advertising material as names, symbols, logos or any other material, graphics and content, licensed or created by bwin and/or provided to the Partner by bwin in connection with this Contractual Relationship. He shall have no right of retention or contest. The Partner shall have no more access to his online wallet, which will be closed at the end of the month following the closing of the account.</li></ol><p></p></div><br /><br /><br /><div style="background-color:#6CF; padding-top: 5px; padding-bottom: 5px;border: solid #333 2px;">OLD Terms URL (Google Cache): http://webcache.googleusercontent.com/search?q=cache:6XrSLeAzUhsJ:https://www.bwin.com.mx/en/partnerprogram.aspx?view=agreement</div>
<br /><br /><div style="background-color:#6CF; padding-top: 5px; padding-bottom: 5px;border: solid #333 2px;">New Terms URL: http://www.bewinners.com/media/terms/bewinners%20T&Cs_EN.pdf</div>
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