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Thread: Altercation at CAP Euro

  1. #71
    lots0 is offline Banned User - troll posts - flaming Achievements:
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    As for programs - many of them have contracts that they need to maintain - they cannot just breach those contracts.
    Sure they can. If they want too.
    It is called "cause" and it is in just about every legal contract.
    No contract is going to force the casinos to do business with someone that is double dealing on them.

    I guess it boils down to those that are willing to do business with an unethical and possibly criminal enterprise and those that will not...

  2. #72
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    Quote Originally Posted by lots0 View Post
    Sure they can. If they want too.
    It is called "cause" and it is in just about every legal contract.
    No contract is going to force the casinos to do business with someone that is double dealing on them.

    I guess it boils down to those that are willing to do business with an unethical and possibly criminal enterprise and those that will not...
    Programs would still have to prove "cause". And as I don't think you or I are privy to these contracts, you or I aren't in any position to say if these contracts can be properly terminated, or if a "cause" term even exists.

  3. #73
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    Quote Originally Posted by spearmaster View Post
    Programs would still have to prove "cause".
    Not quite. If CAP brought the action they would have to prove the Casino had no 'cause' to break the contract and CAP would be the ones bringing the action, not the casino that wanted out of the Contract.

    And 'Cause' is a Legal respite to ANY bad Contract in the USA.

  4. #74
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    Quote Originally Posted by lots0 View Post
    Not quite. If CAP brought the action they would have to prove the Casino had no 'cause' to break the contract and CAP would be the ones bringing the action, not the casino that wanted out of the Contract.

    And 'Cause' is a Legal respite to ANY bad Contract in the USA.
    Just the same, a program has to analyze the situation before making any move one way or the other.

    Again, as we are not privy to the contracts, we don't know which jurisdiction any such case should be heard in.

  5. #75
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    Surely any decision would be taken after lengthy discussion and would be based purely on business and financial reasons. It would be stupid to withdraw your sponsorship/certified status if you are only 1 week into a 3 month contract for example - having already paid up your quarterly fee in advance. Having to face the very real possibility of having to issue a law suit to get said fee back.

    Also I am sure most groups would like to discreetly and quietly withdraw if that is their intention, rather than leave in a blast of publicity. As I am sure all do not want to be associated with any negative publicity - which is what the whole CAP CardSpike Saga is for the industry - Damaging and not healthy.

    No knee jerk reactions will be taking place by the programs. However I would not be surprised to see some kind of response over the next few weeks/couple of months.

    With regards affiliates - What Spear said.

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  7. #76
    RobWin is offline closed account
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    Quote Originally Posted by spearmaster View Post
    Just the same, a program has to analyze the situation before making any move one way or the other.

    Again, as we are not privy to the contracts, we don't know which jurisdiction any such case should be heard in.
    Affiliate Media Inc., a Nevada Corporation with Offices in Irvine CA
    Effective Media Group (EMG) is a Florida Corporation with offices in Orlando, FL

    I would guess since these are both US Corporations based on US soil that the "Contracts" would also fall under US Jurisdiction but that is only a guess until I have the time to do a little more in-depth research.

  8. #77
    lots0 is offline Banned User - troll posts - flaming Achievements:
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    Quote Originally Posted by spearmaster View Post
    Again, as we are not privy to the contracts, we don't know which jurisdiction any such case should be heard in.
    CAP is incorporated in the USA...

  9. #78
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    Quote Originally Posted by lots0 View Post
    CAP is incorporated in the USA...
    Which does not automatically mean that a court case is heard in the USA, or even Florida, Nevada or California. For all you know the case could be heard in Curacao. Or, an accredited operator may have required a change in contract to have the case heard in their chosen jurisdiction.

    While I may tend to agree with you, that does not mean it is so.

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  11. #79
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    Who's Lou?

  12. #80
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    Quote Originally Posted by cindie7777 View Post
    Who's Lou?
    LOL, it sounds like you need to do a little research here cindie!

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