It looks like this issue has been resolved, right?

I thought I would write generally on the Terms and Conditions of Sponsor programs. I am going to call both Sponsor and Affiliate "him" for convenience. "Him" means all of the women too.

T& C are an agreement, and even though it is unilateral in formation [only the sponsor has any input on the wording of the agreement] the Terms set out the rights and responsibilities of both Sponsor and Affiliate when you are doing the stuff that the Agreement is all about [sending joins and getting paid for those joins].


When you go to a sponsor's website and then apply to be an affiliate, you are agreeing to the Terms of Service or Terms and Conditions. That is a binding agreement, and when you send traffic or download content or just click the "I agree" button you are agreeing to those terms, and usually those terms state that they can be modified at any time without notice. These are basically unilateral contracts --they work one way. You either take the agreement as it is or leave it --you have no negotiating power. So, always read the Terms of Service or Terms and Conditions. It is tedious, but not nearly as tedious as writing them ;-) So far my record is a 43 page word document for the Terms and Conditions of Use.

Usually there is a section that tells you what will happen if you violate the Terms. Usually the Terms that you agreed to include a clause where you agreed to be terminated and you agreed to forfeit any money owed to you if you break any of the terms. Usually there is no warning provision, no contact provision, and you only find out you are terminated and forfeited your money after you contact the sponsor.

basschick is certainly right that proof of violation is not the same as a court of law; the Terms and Conditions on most sites state that you agree to provide that the decision of the Sponsor is final. They are definitely lopsided agreements, but Affiliates either have to agree to them or choose not to promote them; there is no other remedy.

As the writer of many many Terms and Conditions, I know how slanted they are toward the Sponsor. T&C are often times not "fair" but the Affiliate usually has to affirm that he READ and UNDERSTOOD the terms and conditions before sending traffic.

If the Affiliate does NOT violate the Terms and Conditions, the Sponsor still has the right to terminate at any time because it is just a business transaction. HOWEVER, if the Affiliate does NOT violate the Terms and Conditions then the Affiliate has the right to receive payment for what he has sent according to the agreement.


To summarize, a Sponsor can terminate for any reason without notice. If the Sponsor is not terminating the Affiliate for violating the Terms and Conditions, then the Affiliate still has a right to be paid what is owed to him up to the time of termination.