ToteSport / ActiveWins Retroactively Changes Terms and Conditions

Hi AGD, can we have a review of the changes to Totesport's T&Cs? They've emailed affiliates saying the terms have changed, but have not detailed any of the changes at all.

In particular there are terms in there that are rogue, like this one:
"12.4 If you do not deliver one (1) new depositing account within a period of three months (billed months) and/or or your affiliate account is exhibiting an unusual level of high net losses and you are no longer actively promoting Totesport, we may contact you to discuss your account. If we do not receive a positive response that you will actively promote Totesport in the future (and we can see evidence of this within 7 days) or a justifiable reason as to why you are exhibiting such an unusual level of high net losses, we may, in our absolute discretion, reduce any Lifetime Revenue payable to you to a default revenue share of 10% per previously introduced Customer with immediate effect or terminate this Agreement immediately by delivery of written notice to you"

Affiliates beware!

Add Betfred to that list too - another ActiveWins program. They've been dropping affiliate rev share to 10% without notice. Surely a rogue practice. ActiveWins needs to be put on the rogue list please.
https://www.affiliateguarddog.com/community/threads/active-wins-betfred-closing-aff-accounts.7647/

I will check into the terms spider this morning. Hopefully it has picked up changes, but I didn't get an alert

I am not seeing anything yet. I am going to have to do a manual scrub. Hopefully I will have something by the end of the day, but if not, by tomorrow.

I am still on a flat 30% revenue. I think you need to contact them and see. As nothing happened to my account and I have very poor results with them so I would be one to have it closed or reduced revenue %

Kerching is with ActiveWins now as well.

Just to keep everyone up to date... I have just found the reason that the terms were no longer alerting for Tote Affiliates. They have removed support for certain browsers completely at a disallow level, which means that if you are using an older browser - you can't see the terms at all. The spider was using an older browser useragent, which came back with nothing on the terms page. First time I have come across this one! I am hoping this run of the spider will come up with the changes and I can push out an alert.

Sorry for the manual process here, but the terms alerts system is broken (the manual portion of the system). Time to get my programmers on it


The following have been ADDED to the terms:

4.10.11 except as expressly permitted by this Agreement, use any trademark or trade name (including the name "Totepool", "Totesport" or the name of any game, product or service made available by Totesport through any Totesport Site or otherwise) or any variation, misspelling or confusingly similar term or terms, in any domain name, website or app name, or in any corporate, business or trading name and you agree that, without prejudice to Totesport's rights and remedies in clause 4.11, in the event of any breach of this clause, you will change the infringing name to one which is non-infringing, or in the case of any domain name, transfer such infringing domain name to Totesport (or as it shall direct) immediately on demand by Totesport and at no cost to Totesport.

The following have been CHANGED in the terms:

12. Term and Events of Default

12.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licences granted in this Agreement and to perform all of its obligations under this Agreement.

12.2 You warrant, represent and undertake to us that you have obtained and will maintain in force all necessary registrations, authorisations, consents and licences to enable you to fulfil your obligations under this Agreement and that you fully comply with, and shall continue to fully comply with, all applicable laws and regulations.
12.2.1 You represent, warrant and undertake that the Partner Site shall contain no material which, in our sole opinion, is defamatory, pornographic, unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third party rights and shall not link to any such material.
12.2.2 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related legislation and you shall indemnify on demand and hold harmless Totepool.com from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by Totepool in consequence of any breach by you of this warranty.

12.3 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related legislation and you shall indemnify on demand and hold harmless Totepool.com from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by Totepool in consequence of any breach by you of this warranty.

12.4 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related legislation and you shall indemnify on demand and hold harmless Totepool.com from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by Totepool in consequence of any breach by you of this warranty.

12.5 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related legislation and you shall indemnify on demand and hold harmless Totepool.com from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by Totepool in consequence of any breach by you of this warranty.

12.6 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related legislation and you shall indemnify on demand and hold harmless Totepool.com from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by Totepool in consequence of any breach by you of this warranty.

12.7 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related legislation and you shall indemnify on demand and hold harmless Totepool.com from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by Totepool in consequence of any breach by you of this warranty.

12.8 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related legislation and you shall indemnify on demand and hold harmless Totepool.com from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly, by Totepool in consequence of any breach by you of this warranty.

12. Term and Events of Default

12.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 3. This Agreement shall continue thereafter unless and until terminated in accordance with this Agreement (the ''Term'').

12.2 Notwithstanding clause 12.1, either party (''Non-Defaulting Party'') may bring the Term to an end with immediate effect by written notice to the other party (''Defaulting Party'') if:
12.2.1 the Defaulting Party 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 of such breach from the other;
12.2.2 the Defaulting Party becomes insolvent or unable to pay its debts (as defined in Section 123 of the Insolvency Act 1986), proposes a voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets or if any petition 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 or any other similar process or event whether in the United Kingdom or otherwise.

12.3 Either party may terminate this Agreement on delivery of four weeks prior written notice to the other party.

12.4 If you do not deliver one (1) new depositing account within a period of three months (billed months) and/or or your affiliate account is exhibiting an unusual level of high net losses and you are no longer actively promoting Totesport, we may contact you to discuss your account. If we do not receive a positive response that you will actively promote Totesport in the future (and we can see evidence of this within 7 days) or a justifiable reason as to why you are exhibiting such an unusual level of high net losses, we may, in our absolute discretion, reduce any Lifetime Revenue payable to you to a default revenue share of 10% per previously introduced Customer with immediate effect or terminate this Agreement immediately by delivery of written notice to you

12.5 If we, in our reasonable opinion suspect that you and/or anyone connected to you (whether that be a Direct Relative as defined in clause 4.8 or otherwise) are abusing the affiliate program for your own gain or in any way which is disingenuous and/or is not in keeping with the spirit of the affiliate program (whether you gain personally from such use or not), we may terminate this Agreement immediately by delivery of written notice to you and with no liability to you.

12.6 Each party shall immediately give notice in writing to the other party of any event within clause 12.2.2 which occurs during the Term and which would entitle the other party to bring the Term to an end.

12.7 Without prejudice to clause 12.3, we reserve the right to terminate this Agreement at any time and for any reason immediately by delivery of written notice to you.

12.8 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, 4.7, 4.12, 8, 9, 10, 11, 12.8, and 13, 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.