Are sponsors allowed to do this?

samebb · 01-02-2007, 04:31 PM

Is it legal for a Sponsor, to at any time, close your account and refuse to pay outstanding money owed to you as an affiliate?

I received and email from a sponsor, stating that Quote " your acount has been terminated for violation of our terms of service, You will be banned from the program and not paid."

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Is this allowed, or is it theft?
I will not name the sponsor in question at this time, as i dont wish to start a drama, however they do owe me money.

Is there a way to get this money out of the sponsor, and if this happened to you, would you infact kick up a fuss, and seek legal advice, or just hunk ur shoulders and move on?

maxpower · 01-02-2007, 04:36 PM

I don’t know has never happened to me, you could contact the processor and bitch if your in the right that is. Who is it and what did they say you did, inquiring minds want to know.

If it happened to me, and I was in the right I would start all kinda of crap for YEARS to come

CalumJ · 01-02-2007, 04:43 PM

If you go against the T & C of the sponser, then ofcourse they are within there right to do so. As you are breaking a contract that you openly agreed too.

If you did how ever, I'm sure they have to point out how and why you broke a rule within the T&C.

If you didn't, then I'm not sure they can...
Although Chad is the best to give advice like this

Cal xx

**Lee** · 01-02-2007, 04:49 PM

Program owners can do pretty much whatever they want, for whatever reason they want, you agree to it when you join the program.

Regards,

Lee

samebb · 01-02-2007, 04:53 PM

Originally Posted by Lee

Program owners can do pretty much whatever they want, for whatever reason they want, you agree to it when you join the program.

Regards,

Lee

Am i the only one that finds that rather disturbing? A program can legally refuse to pay affiliates?

CalumJ · 01-02-2007, 05:00 PM

If what Lee said is totally correct, whcih im sure it is, as he is a program owner himself, then there will be something no matter how small, in the T&C wont there Lee?
As you state

Program owners can do pretty much whatever they want, for whatever reason they want, you agree to it when you join the program.

I'm right in thinking to agree to it, it needs to be there for you to be able to agree to?

In which case, I guess myself and everyone who signs up to a program should ALWAYS read the T&C. ?

Cal xx

maxpower · 01-02-2007, 05:01 PM

Well as someone about to open an affiliate program, not sure I will be kicking to many contributing people out of bed with out a really good reason, so it does not bother me that much.

**basschick** · 01-02-2007, 05:14 PM

if you broke their terms and conditions, which are a legal contract, then no - i don't find it disturbing. if you broke a contract between yourself and a company you work with in person, the same thing happens.

of course, some companies do pay you out when they term you DEPENDING on what the term was you failed to comply with.

**Lee** · 01-02-2007, 05:25 PM

Originally Posted by samebb

A program can legally refuse to pay affiliates?

Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination.

Yep, as long as you agreed to it when you joined the program

Regards,

Lee

CalumJ · 01-02-2007, 05:29 PM

Thanks for the clarifiaction Lee, Its Much appreciated

Cal xx

samebb · 01-02-2007, 05:43 PM

Yup, Thanks for the input Lee.

I dont see any point in posting this sponsors name on the board, however questionable they are to a lot of you anyway.

Im going to take this a few steps higher than starting board drama. I feel solving this the legal way, and having webmasters find out though respected channels a better way to handle this situation.

marcjacob · 01-02-2007, 05:49 PM

Im not surpised that program owners think they can do what they like. Id guess (and im certainly no expert in law) that it really depends on what the courts think. In the UK we laws have about unfair contracts. id guess the US has some law effecting this. If thats the case then simply writing a contract that says "i do wtf i like and you cant do a thing about it" may not be upheld when it gets to court.

Id be interested to Chads view on that.

wnc · 01-02-2007, 06:09 PM

Sorry to read of your current problem with a sponsor samebb.

I fully understand the importance of a sponsor's TS and their right to fully protect their brand and property(ies). If I was running a program, I certainly would have had the professional courtesy to explain, even via form email, the whys and wherefores for the violation/cancel.

It appears though that some sponsors think they are only doing a favor to affiliates, seeing no need to explain why an agreement was canceled. There was another thread where CorbinFisher plans on ending their agreement with hundreds of webmasters.

As a sidenote, personally, I avoid sponsors that use cascade billing, my feeling that many sales would never be accredited.