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  1. #1
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    Default Affiliate Edge - Can't Pay We'll Take It Away

    Yes, another Affiliate Edge thread, but this is important for those webmasters who like myself find themselves short changed to the tune of thousands of dollars, thanks to their 'FU' 'Inactive' 4.7 Clause, they somehow managed to sneak into their T & C's in February this year.

    I didn't agree to this term, nor did I sign up to it back in 2006 when I joined what then was called CWC Affiliates.

    So this is the first video in a series of videos I will be recording, documenting what action I and my company are taking in getting my money back . Which as it stands at the moment Affiliate Edge have stolen from me.

    If you are a webmaster, you may also want to seriously consider following my lead.

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    Yes - we've received the same 10% thievery treatment since May 2017.
    Unfortunately, my location 12,000 kms away means I don't have a good jurisdiction to press a legal case.

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    Good luck with this legal action. It can be an important precedent for future cases and maybe a warning for other programs that are planning to steal money from affiliates.

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    This is excellent. I was planning to do something very similar to document my legal action against LadbrokesCoral, which begins next week with a letter that is eerily similar to your own.

    I still will, but yours is better. Video > Blog Post.

    Can't wait to hear how this pans out. Look forward to seeing you on the next series of Can't Pay...

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    Thanks for the vid, it appears to me that some casinos have a medium to long term plan with affiliates. That plan appears to be, once affiliates have built a solid player base for them its then time to kick them in the teeth. I'll say this, the world is changing and the days of screwing the small guys and the man in the street is drawing to a close!

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    Further information concerning this: Affiliate Edge - Can't Pay We'll Take It Away
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    I suppose you did the formal work, send them an invoice with the amount of money incl. calculation, reminder, etc. I don't know much about the UK court, but my court experience in other countries is that those formal things are essential.

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    Quote Originally Posted by Triple7 View Post
    I suppose you did the formal work, send them an invoice with the amount of money incl. calculation, reminder, etc. I don't know much about the UK court, but my court experience in other countries is that those formal things are essential.
    The formal work will be complete at the end of the month if payment is not forthcoming. I's dotted and T's crossed. Then start of October I will be going through the small claims court. Cost effective but does have real teeth. Especially now with the news concerning Affiliate Hub it is about time affiliates started standing up for their rights.

    There is no way I would release that video without the intention to go down the full route. As I said in the video, let them call my bluff.
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    Good luck in your efforts everyone. We dropped them after everybody said they were rogue and now switching the backend that will basically disable old links from tracking.

    There will be no traffic being sent their way and hopefully everyone will be doing the same. Perhaps we will eventually read here the closure of their program as everyone pulls away.

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    Good luck, though I suspect the UK company is worthless and all funds are kept offshore...

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    Quote Originally Posted by wonderpunter View Post
    Good luck, though I suspect the UK company is worthless and all funds are kept offshore...
    I'm sure there are enough assets in their Manchester Office where their staff work to cover £5k. Besides their last filed accounts with Companies House show they have net assets of £600k. Like I have said above, I's dotted and T's crossed.

    Here is me posting the letter, invoice and documentation this morning


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    Their director check shows them living at a mansion on one of the MOST expensive roads in Hale, which is one of the most expensive areas in the whole North of England, popular with Man Utd and City footballers. They aint poor are they!

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    I've just sent the invoice and letter to Stuart and Warren's own personal email addresses just to be doubly sure they get them.

    I hear Darren is quoting term 8.5 as an excuse to sneak in the quota clause 4.7 back in Feb.

    WayBack Machine confirms it. Checked CWCAffiliates back in 2006 and here it is:
    8.5 Modification. We may modify any of the terms of this Agreement at any time, in our sole discretion, by emailing you a change notice or by posting the new Agreement on our Site. Modifications may include, for example, changes in the scope of available Marketing Fees, Marketing Fee percentages, time for payment and marketing rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING POSTING OR NOTICE OF CHANGE WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.
    Well they certainly didn't email me and let's see if a judge sides with them about just adding a new clause to their site. Clock is ticking....
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    No response. In fact I am being hit by a wall of silence. No surprise there though. However, here are some updates. First on the delivery of the letter and invoice sent on Monday, plus our latest Vlog, covering among other things Affiliate Edge, 888, Go Wild and the Sky Bet **** Storm.
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    Here is the Video Blog of 4th September

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    First off just want to say that your efforts are appreciated industry wide, moves like this just tarnish the industry and bring a black cloud to an already questionable industry.

    I was discussing this particular issue with another affiliate and they mentioned that perhaps your efforts will not amount to what you are expecting as most of these companies and programs are hired/contracted by a number of shell companies to make it almost impossible for you to sue the beneficial owners or entities with whom you have contracted with.

    That being said, I wanted to ask while you have sent your inquiry to the UK based entity ICT, do you know if your affiliate agreement/contract was actually with the UK based entity or was it with an entity based in Costa Rica, Antigua etc where they have a deal/contract with ICT to manage their 'marketing services' etc.

    I haven't been able to dig myself, so was thinking more so if you had the chance to go down that path yet or not.

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    Quote Originally Posted by hublot View Post
    First off just want to say that your efforts are appreciated industry wide, moves like this just tarnish the industry and bring a black cloud to an already questionable industry.

    I was discussing this particular issue with another affiliate and they mentioned that perhaps your efforts will not amount to what you are expecting as most of these companies and programs are hired/contracted by a number of shell companies to make it almost impossible for you to sue the beneficial owners or entities with whom you have contracted with.

    That being said, I wanted to ask while you have sent your inquiry to the UK based entity ICT, do you know if your affiliate agreement/contract was actually with the UK based entity or was it with an entity based in Costa Rica, Antigua etc where they have a deal/contract with ICT to manage their 'marketing services' etc.

    I haven't been able to dig myself, so was thinking more so if you had the chance to go down that path yet or not.
    ITC are the ultimate beneficiary of any revenue made by whatever shell companies regardless of their location, generate. This was stated by the Judge in the trial that occurred last year which saw ultimately Warren and Stuart Ferster take over sole control of the company. Things only then started to go downhill and quickly.

    ITC Limited are a UK company. My company is a UK company and I am a UK Citizen who resides in the UK.

    Plus there is the small matter of fraud ( DeTagging of players from multiple affiliate accounts ) which is not a civil matter but actually a criminal matter.

    If I were Warren and Stuart Ferster I would be more concerned with the latter than the former. But on both counts they are potentially in a whole lot of trouble.

    I would not have embarked on making the video in the OP if I wasn't very serious and had not performed the necessary leg work. Let's see if they call my bluff....
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    Quote Originally Posted by hublot View Post
    First off just want to say that your efforts are appreciated industry wide, moves like this just tarnish the industry and bring a black cloud to an already questionable industry.

    I was discussing this particular issue with another affiliate and they mentioned that perhaps your efforts will not amount to what you are expecting as most of these companies and programs are hired/contracted by a number of shell companies to make it almost impossible for you to sue the beneficial owners or entities with whom you have contracted with.

    That being said, I wanted to ask while you have sent your inquiry to the UK based entity ICT, do you know if your affiliate agreement/contract was actually with the UK based entity or was it with an entity based in Costa Rica, Antigua etc where they have a deal/contract with ICT to manage their 'marketing services' etc.

    I haven't been able to dig myself, so was thinking more so if you had the chance to go down that path yet or not.
    I don't know about UK law but in many countries, it's not always relevant where the company is registered, but where the contract is executed. Also, the ubo is in the UK. Usually, you take someone to court in his home stadium.

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    Well Affiliate Edge have moved their site on to the cellxpert platform that has the rogue sister site of AffPower in Rock Solid Affiliates providing a testimonial. I wouldn't be surprised if the entire platform is owned by GameTech and co.

    What does this mean? Well it means you can no longer access your historical data. For me, it means my account doesn't even log in.

    However, all is not lost as they legally have to keep all records for 6 years and there is always, ALWAYS an electronic trail....

    For those of you who have downloaded your statements and taken screenshots and within them can show mass detagging of players, please email to me davesawyer @ bathrockmedia.com

    So far not heard even a sausage from Stuart Ferster and Warren Ferster. But I am sure they have seen this thread and the videos I have published. Well actually I know they have seen this thread as I sent them the link to it

    You still owe me £4940.30 and are running out of time to pay my company what it is due. Tick Tock. Yes your honour!
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    The following is a post in the now suspended Affiliate Edge Archive Forum ( https://www.gpwa.org/forum/affiliate...ge-231264.html ) made by Michael and his interaction with Stuart Ferster over the T & C changes - notably 4.7 and the Player Quota. Pasting this here for reference:

    As has been well-publicized in posts in the GPWA forum, Affiliate Edge recently made a change to their terms and conditions. Specifically, they introduced a very steep quota:

    Affiliates who send 5 FTD's or less over a 2 calendar month period collectively will be marked as 'non active' and will be reduced to 10% default commission.

    In response to this term change, I had the following email exchange with Stuart Ferster, one of the three owner's of Affiliate Edge that has been in communication with me:


    Quote Originally Posted by Michael Corfman

    Stuart,

    Iím sitting here kind of shaking my head in disbelief.

    You have a brand with some fires to put out right now or the whole thing will burn down.

    Why, in that context, would you choose to throw gasoline on the fires you already have to deal with by making changes to Affiliate Edgeís terms and conditions?

    If you think about it, even for a second, Iím sure you will be able to see you are getting bad advice, especially right now.

    I donít know who is advising you on these matters, but the actions taken based on their advice indicate that they are not someone whose opinion you should trust. It is clear you will be much better off if you terminate your relationship with them immediately.
    Quote Originally Posted by Stuart Ferster

    Hi Michael

    Thank you again for the email.

    This was a business decision, Let me explain. When the business was run by xxxxxx we noticed when we took over he had allot of payments to 'consultants/others' we noticed in recent times that affiliates were not earning what they should for sending traffic. (make of that what you will) we want all active affiliates to grow the business and be paid for EVERYTHING, to do this with a streamlined business we cannot justify as allot of programs do paying no negative carryover and for affiliates who have not been active for years and even run forums and other saying US gaming is not legal and we wont promote to pay them money.
    Quote Originally Posted by Michael Corfman

    Stuart,

    I understand what you are saying.

    However, I respectfully disagree with your analysis of the situation...

    The terms you have adopted will mean the vast majority of affiliates will decide they cannot work with you, and for those affiliates, attacking your brands will make business sense. Not a good situation if you want to survive over the longer term.

    It moves your organization from being one with friendly affiliate relations to one [with] perhaps the worst terms I have seen for any affiliate program. Such a transition, together with the fact that the vast majority of affiliates will find it makes no economic sense to work with you, will fuel a significant and even more negative reaction than you have already seen.

    In fact, I expect even many affiliates where it might continue to make personal economic sense to continue to work with your brand will decide that they donít want to do that just because of the negative publicity from others.
    Quote Originally Posted by Stuart Ferster

    I will discuss this email with the management team urgently
    Quote Originally Posted by Stuart Ferster

    regarding the new terms - they are the managements decisions and are final. It is done to create more traffic and grow the business and we have had no complaints from active affiliates, the same way we have had no issues from any negative forum posts on anyones forums from active affiliates directly and we are currently reaching record numbers so we are happy with the honest and fair way we are running this and find that paying affiliates the full amount owed and on time and working with ones who are serious in promoting the brands is our business goal.
    I have not yet replied to the last email I received from Stewart, but the only thing I can think to say right now is "Good luck with that." So I am waiting to see if I can come up with a more constructive response.

    Michael
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