Devilfish adds Minimum Activity Rule - Rogue

[Guard Dog]

Devilfish adds Minimum Activity Rule - Rogue
TERMS SPIDERED ON FEBRUARY 22ND, 2011 11:45 AM
SUMMARY: Devilfish Adds a predatory term, which can be applied retroactively. This makes the affiliate program ROGUE. This means please stay away from them. As one of our good friend says 'Don't touch them with a barge pole'.

Commissions Calculation
2.13. The maximum rakeback that may be paid to any customer within Entraction Network is 30% of the rake if that customer is not participating in the Monthly VIP Bonus. Devilfish Poker deducts a 10 % admin fee from rakeback payments to players equal to 3 % of Gross Poker Revenue.2.14 . Referring to International Poker Network Rules ( Boss Media,?Cardroom2?) , in regard to monthly payout plans , no rakeback under ? 30 per month may be paid out.2.15 . Under the International Poker Network Rules ( Boss Media) , CardRoom2 rakeback may not be publicly advertised e.g . on your website(s)

Bonus Terms
2.14. The maximum ratio allowed for poker signup, deposit and reload bonuses is ?1 0.1 for 100 10 VIP-points earned.

Bonus Terms
2.16. Casino signup and reload bonuses shall not exceed ?200. The minimum wagering requirement to achieve the bonus is 25 40 times the deposit. All Video Poker , Baccarat, Black Jack Baccarat Professional Series, All Casino Hold?emsBlackjack, Jackpot 6000 Blackjack Professional Series, Mini Blackjack , Craps, High-Low Switch , TXS Hold?em Professional Series , Oasis Poker Professional Series , Casino Hold'em , French Roulette Professional Series , Advanced Roulette Professional Series , All Jacks or Better games , all Pontoon games , all Punto Banco games and Roulette all Double Xposure games do not count towards wagering.

Commissions Calculation
AFFILIATE COMMISSION 3.1. The Affiliate is paid a commission according to the Gross Revenue Percentage Plan as outlined below, unless otherwise agreed with the Devilfish Poker Affiliate Manager (affiliates@devilfish.com).Monthly Gross Revenue Affiliate CommissionDefinitions:NGR : The GGR minus the CostsGGR affiliates@devilfish.com).Poker Commission - NGR per month:?0 - ? 25,000 ( 30%)?25,001 - ? 30,000 ( 35%)?30,001 + ( 40%)Poker Affiliates also receive 15 % commission from CasinoCasino Commission - NGR per month:?0 - ? 10,000 ( 25%)?10,001 - ? 20,000 ( 30%)?20,001 + ( 35%)Casino Affiliates also receive 15 % commission from PokerDefinitions:GGR: Gross Gaming Revenue, being the gross revenue, including rake and tournament fees, casino hold and bingo hold CostsholdNGR: bonuses andNet Gaming Revenue : The GGR minus the CostsCosts : Bonuses , tournament sponsorship , VIP points etc .promotional amounts paid to players, any fraud attributed monies, charge-backs, admin and payment processing charges. ? 3.2. For Poker , Gross Revenue will be calculated as the gross rake less costs for promotions awarded to the players ( bonuses, tournament sponsorship , VIP-points etc) , admin , payment processing and any costs for charge-backs ( e.g. Credit Card fraud) . The gross rake includes rake from cash games and fees from tournaments.

MINIMUM ACTIVITY RULE - PREDATORY
6.3 Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via fax or e-mail to affiliates@devilfish.com.6.4 . If the Affiliate fails to maintain a minimum of 3 active users ( real money activity ) in their chosen product for three ( 3) consecutive months , Devilfish Poker may terminate this Agreement and shall have no obligation to make any further payments of commissions to you.


SUMMARY: Coupled with some minor and major terms changes comes a retroactive clause to allow Devilfish to cut affiliates out of their rightful earnings if they do not MAINTAIN 3 active users. This is worse than the normal clause because if Devilfish cannot retain the players you send, you can be terminated without pay
Devilfish adds Minimum Activity Rule - Rogue

 

[KasinoKing]

Been promoting them 18 months and earned $13 in total to-date.
So I wont shed any tears when I dump 'em!

KK

 

[devilfishkarl]

Hi All,

One of our affiliates brought this thread to my attention and I thought it best if I personally explained the situation and offered a clarification.

Over the last 6 months we identified some strange Casino affiliate activity on our site. We had a network of connected affiliates refer a single Casino player and play high stakes table games. When we analysed the playing pattern and stakes it was clear that the players were connected and they were spread over multiple affiliate accounts, not just to gain an edge in games with commission sharing, but by avoiding any negative commissions from the losing players, cashing out the positive totals. We were advised by our network provider to include a new term with a minimum player requirement in an effort to prevent this in future.

The term 6.4 in our affiliate Ts&Cs was recently added in an attempt to protect us from this but it is very badly worded and gives the impression (understandably) that we would turn off any affiliates and take future revenues just for not maintaining a minimum level of activity.

This was not our intention at all and we have now reworded this term so it applies to Casino only in the case I have outlined, and gives affiliates 3 months to refer more than 1 player. FYI – we have never exercised this term and would only consider using it where we have proof that the above activity is taking place.

The term in question:

6.4. If the Affiliate fails to maintain a minimum of 3 active users (real money activity) in their chosen product for three (3) consecutive months, Devilfish Poker may terminate this Agreement and shall have no obligation to make any further payments of commissions to you.

Has now been changed to:

6.4. If the Affiliate promotes Devilfish Casino and fails to refer more than 1 active user (real money activity) to the Casino product over a 3 month period, Devilfish Poker may terminate this Agreement.

The change clarifies that this does not apply to poker, nor is it about 'maintaining' activity.

It is very important to me that we offer a fair and standard program and I can assure you that this was never our intention to mislead any of our 800+ affiliates or misappropriate future commissions.

Many thanks and best of luck,

Karl - Devilfish Gaming

 

[Guard Dog]

Hey Karl,

If this is your true motive, then you should have a 'collusion' rule like every other affiliate program instead of a minimum activity rule The rule you have now doesn't really speak to fraud, it speaks to inactivity. You say that it isn't about inactivity - but that is what the clause is about.

Collusion is what you are looking for... not inactivity.

 

[devilfishkarl]

I take your point. We are trying to prevent Casino affiliates from signing up just one player for the purposes I've outlined. I am not familiar with the collusion clause you mention but if that can achieve the same end then we are happy to ammend.

Can you suggest a collusion clause which you deem acceptible and I'll see if we can substitute it?

If we can agree on something which you don't consider 'Rogue' I'm happy to oblige.

K