Will These Terms & Conditions Draw Affiliates to Potential Jurisdiction Issues?

[usaonlinecasino]

I suddenly have this question when I read Revenuejet's Terms and Conditions:

1. 1. Because the laws that govern internet gambling vary from state to state and country to country, the Affiliate is responsible to independently evaluate the laws that apply to activities in the Affiliate’s jurisdiction.
2. 2. The Affiliate represents that based on research the Affiliate is eligible to participate in the Affiliate Program with violating any applicable law.

[F-L-C]

These terms and conditions seem perfectly normal

[mojo]

The answer to your title in my opinion is no. You need to put a disclaimer on your site. Even then, you are not safe.

Just kidding. If you are worried then that is up to you. No one can give you an answer but you.

[usaonlinecasino]

These terms and conditions seem perfectly normal

Thanks for your reply.

I did not see this type of Terms and Conditions before. To me they seem to share the responsibility of any player's violation with the affiliates.

[usaonlinecasino]

The answer to your title in my opinion is no. You need to put a disclaimer on your site. Even then, you are not safe.

Just kidding. If you are worried then that is up to you. No one can give you an answer but you.

Thanks for your explanation. It is still a question mark to me.

[AmCan]

These are standard in all kinds of contracts. There is no company that would take responsibility for determining if their customer was operating legally. Since illegal activities can't be protected in a contract (at least not US/Canada), the assumption is that the customer is operating legally. This clause is just explicitly stating "we're not giving legal opinions."

On the other hand, you could very well find a player that loses $150,000 one month and when it's time to get paid, the program could point out that clause and then to UIGEA and say "You've violated this term and we're closing your account and keeping the money."

Pretty much every affiliate program has clauses they can invoke to screw you. So it's important to find partners who are unlikely to screw you. After nearly 11 years i'm to the point where i really only trust 5-10 programs.

[usaonlinecasino]

These are standard in all kinds of contracts. There is no company that would take responsibility for determining if their customer was operating legally. Since illegal activities can't be protected in a contract (at least not US/Canada), the assumption is that the customer is operating legally. This clause is just explicitly stating "we're not giving legal opinions.

On the other hand, you could very well find a player that loses $150,000 one month and when it's time to get paid, the program could point out that clause and then to UIGEA and say "You've violated this term and we're closing your account and keeping the money.

Pretty much every affiliate program has clauses they can invoke to screw you. So it's important to find partners who are unlikely to screw you. After nearly 11 years i'm to the point where i really only trust 5-10 programs.

AmCan,

Thank you very much for the nice post. You are right only a few of the programs are trustworthy and work well for you. Commission rates are not so important, but conversion rate is. It is also important you get what you owned in time.

[universal4]

To me it appears they need to rewrite them for better grammar, or at least fix at least one legal statement issue I see.

2. The Affiliate represents that based on research the Affiliate is eligible to participate in the Affiliate Program with violating any applicable law.

That should be without.....

Rick
Universal4