Affiliate webmaster Dave Sawyer of Online Casino Reviewer has filed litigation against Interactive Technology Corporation, parent group of the Affiliate Edge affiliate management programme, alleging that the company made unilateral, punitive and retroactive changes to its T&Cs without directly communicating with affiliates or seeking their agreement.
UK-based Sawyer claims that he was prejudiced to the tune of almost GBP 5,000 over the months of June and July this year following the changes, which relegated affiliates to a mere 10 percent commission if they did not meet new player delivery targets.
The affiliate management company introduced Clause 4.7 in February 2017, without directly communicating with affiliates, and did not secure their agreement to the changes, Sawyer claims.
The clause rules that affiliates who deliver 5 FTDs or less over a two calendar month timeframe will be regarded as “non-active” and reduced to the default commission of 10 percent.
When he demanded payment of the money owed, based on his original agreement, ITC did not respond for over 30 days, Sawyer claims.
Subsequently, on September 25, affiliate manager Darren Brenner wrote to Sawyer, suggesting that his claim is without grounds and quoting clause 8.5 from the original agreement Sawyer signed in 2006 with the CWC affiliate program.
Brenner claimed that this clause allows the programme to make unilateral changes to the T&Cs and requires only that these be published on the programme’s website.
Brenner also pointed out that Affiliate Edge and ITC are licensed in Curacao, and the affiliate agreement is governed by the laws of that jurisdiction, disqualifying Sawyer from issuing process in the UK.
It appears the courts will have to resolve this well-publicised issue, and the affiliate sector will be watching developments with interest.
Affiliate Edge administers affiliate marketing for eight online casinos, which were formerly part of the CWC group.