- Joined
- Dec 13, 2006
- Messages
- 11,413
- Reaction score
- 3,182
MyBet Partners is rogued at AGD for the following:
MAIN ISSUE:
They have used the following clause to remove an affiliate from their program with active players:
ADDITIONAL TERMS ISSUES
<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:2011-08-29 - Termination</span></div>12. Term and Events of Default
a) This Agreement shall start on the date that myBet notifies the Affiliate that its application has been successful in accordance with Clause 4. This Agreement shall continue thereafter unless and until terminated in accordance with Clauses 12 (b), (c), (d) and (f) (hereinafter the "Term).
b) An Affiliate that has not contributed to any New Depositors in the relevant month may become subject of a review of their Affiliate status with the possibility of immediate termination of affiliate agreement or change of commission plan.
c) Notwithstanding Clause 12 (a), myBet may bring the Term to an end with immediate effect by written notice to the Affiliate if:
i. the Affiliate commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other;
ii. the Affiliate becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.
iii. the Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner.
d) myBet has the right to change the commission plan and/or bring the Term to an end within a three month trial period, starting on the day the first referred customer has become active on any myBet product.
e) myBet shall forthwith give notice in writing to the other party of any event within clause 12(b) (ii) which occurs during the Term and which would entitle myBet to bring the Term to an end.
f) Any party may terminate the agreement at the end of each month with a 2 month notice period.
g) The parties shall have no further obligations or rights under this Agreement after the end of the Term, without prejudice to any obligations or rights which have accrued to either party at the time when the Agreement ends save that clauses 1, 2, 8, 9, 11, 12, 13(e), and 14, together with those other clauses the survival of which is necessary for the interpretation or enforcement of this Agreement, shall continue to have effect after the end of the Term.
</div>
<br /><br />
<div style="background-color:#FFC; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#FF0; font-weight:bold; "><span style="font-size:18;">Dated:2011-08-29 - Commissions - Negative Carryover</span></div> Any negative earnings that may be a result of a net win by the Customers referred from the Affiliate will not be carried forward to the following month. The commission will be reset to zero (0) at the 1st of every month. myBet may exceptionally introduce negative carryover to certain affiliates if necessary and will inform the affiliate in such an event.</div>
It is not worthwhile as an affiliate to promote groups like this.
MAIN ISSUE:
They have used the following clause to remove an affiliate from their program with active players:
Term and Termination Clause said:12. Term and Events of Default
a) This Agreement shall start on the date that myBet notifies the Affiliate that its application has been successful in accordance with Clause 4. This Agreement shall continue thereafter unless and until terminated in accordance with Clauses 12 (b), (c), (d) and (f) (hereinafter the "Term).
b) An Affiliate that has not contributed to any New Depositors in the relevant month may become subject of a review of their Affiliate status with the possibility of immediate termination of affiliate agreement or change of commission plan.
c) Notwithstanding Clause 12 (a), myBet may bring the Term to an end with immediate effect by written notice to the Affiliate if:
i. the Affiliate commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other;
ii. the Affiliate becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.
iii. the Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner.
d) myBet has the right to change the commission plan and/or bring the Term to an end within a three month trial period, starting on the day the first referred customer has become active on any myBet product.
e) myBet shall forthwith give notice in writing to the other party of any event within clause 12(b) (ii) which occurs during the Term and which would entitle myBet to bring the Term to an end.
f) Any party may terminate the agreement at the end of each month with a 2 month notice period.
g) The parties shall have no further obligations or rights under this Agreement after the end of the Term, without prejudice to any obligations or rights which have accrued to either party at the time when the Agreement ends save that clauses 1, 2, 8, 9, 11, 12, 13(e), and 14, together with those other clauses the survival of which is necessary for the interpretation or enforcement of this Agreement, shall continue to have effect after the end of the Term.
ADDITIONAL TERMS ISSUES
<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:2011-08-29 - Termination</span></div>12. Term and Events of Default
a) This Agreement shall start on the date that myBet notifies the Affiliate that its application has been successful in accordance with Clause 4. This Agreement shall continue thereafter unless and until terminated in accordance with Clauses 12 (b), (c), (d) and (f) (hereinafter the "Term).
b) An Affiliate that has not contributed to any New Depositors in the relevant month may become subject of a review of their Affiliate status with the possibility of immediate termination of affiliate agreement or change of commission plan.
c) Notwithstanding Clause 12 (a), myBet may bring the Term to an end with immediate effect by written notice to the Affiliate if:
i. the Affiliate commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other;
ii. the Affiliate becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.
iii. the Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner.
d) myBet has the right to change the commission plan and/or bring the Term to an end within a three month trial period, starting on the day the first referred customer has become active on any myBet product.
e) myBet shall forthwith give notice in writing to the other party of any event within clause 12(b) (ii) which occurs during the Term and which would entitle myBet to bring the Term to an end.
f) Any party may terminate the agreement at the end of each month with a 2 month notice period.
g) The parties shall have no further obligations or rights under this Agreement after the end of the Term, without prejudice to any obligations or rights which have accrued to either party at the time when the Agreement ends save that clauses 1, 2, 8, 9, 11, 12, 13(e), and 14, together with those other clauses the survival of which is necessary for the interpretation or enforcement of this Agreement, shall continue to have effect after the end of the Term.
</div>
<br /><br />
<div style="background-color:#FFC; margin-bottom:10px;border: solid #333 2px;"><div style="background-color:#FF0; font-weight:bold; "><span style="font-size:18;">Dated:2011-08-29 - Commissions - Negative Carryover</span></div> Any negative earnings that may be a result of a net win by the Customers referred from the Affiliate will not be carried forward to the following month. The commission will be reset to zero (0) at the 1st of every month. myBet may exceptionally introduce negative carryover to certain affiliates if necessary and will inform the affiliate in such an event.</div>
It is not worthwhile as an affiliate to promote groups like this.