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- Mar 10, 2005
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well, we're straying into the language of legal-ese; who knows.
couldn't we say that Dubya caused the hardship?
So why punish the affiliate?
well, we're straying into the language of legal-ese; who knows.
couldn't we say that Dubya caused the hardship?
well, we're straying into the language of legal-ese; who knows.
couldn't we say that Dubya caused the hardship?
Sure, we could say that but it still doesn't affect the fact that a "Hardship" has been caused...
The hardship clause is sometimes used in relation to force majeure, particularly due the fact that they share similar features and they both cater to situations of changed circumstances. The difference between the two concepts is that hardship is where the performance of the disadvantaged party has become much more burdensome, but not impossible, while force majeure refers to a party's contractual requirements have become impossible, at least temporarily. Hardship constitutes a reason for a change in the contractual program of the parties. The aim of the parties remains to implement the contract. Force majeure, however, is situated in the context of non-performance, and deals with the suspension or termination of the contract....
@ Anthony @ Mansion, I've been keeping up with this thread and reading it since inception and if all you have posted so far is the best you can come up with as to the reasons not to pay the aforementioned affiliates then you have a very very weak case which would never stand up in a court of law within the US borders if it could actually go to small claims court here...
It definitely sounds to me in all that I have read so far that Mansion is really stretching here for reasons to get out of paying their affiliates...JMO
The fact of the matter is that he DID send you players, and should be paid accordingly. It's not his fault that you guys banned USA players.
So this affiliate should totally change their business plan so they can send you 2 players?
Were they legitimate players? If so, then pay this guy already. You're not out any money, and there were partial "services" rendered, and any court will see it the same way.
Why not just make the entire issue simple and pay the guy the measly $360.00 and make the issue go away man...you sure are putting in a hell of a lot of effort over just $360.00 ??? The guy brought you three customers, show him your decency and appreciation and pay the man !!
Boy if I lived outside the USA
i'll be damned if I would deposit
or join Mansion as they all ready
show their true colors
Cindy
If Mansion can PROVE AKs place to be a fraud, then this will follow the above trend, but the evidence points to AJ being a small affiliate, who got screwed by big business over $350 that is simply not worth the cost and effort chasing, and "big business" knows it.
Today, 10:44 AM
ramchip ramchip is offline
Senior Member
Join Date: Dec 2006
Posts: 187
Default
I have been a UK affiliate for over 2 years and the only site I have had problems with is Mansion. I still have funds in Mansion that I have not been able to withdraw.
One point is that the US withdrawal was a POLICY DECISION by Mansion, and certainly not "force majeure".
The act signed by Dubya makes it MORE DIFFICULT for casinos to cater for the US, but NOT IMPOSSIBLE, as many casinos are currently demonstrating.
I understand what you are saying Vinyl, but the point I was making was that while "force majeure" refers to a party's (being Alan's) contractual requirements that has become impossible, at least temporarily for him and other affiliates to continue business under the same terms that he and the others had originally signed on for since his target market was a US focused client base and Mansion took that option away from him...and on another point if Alan can find only two other affiliates to join him that have also not been paid, then they can file a class action suit, which only requires three people...
Many of these affiliates have no chance whatsoever in making up the shortfall through non-US players, they have to compete with other affiliates in those countries, and also have to deal with both a language and culture difference.
Exactly, and as I stated previously, Alan would most likely have to spend at least the $360.00 that he has already earned by being able to get a high ranked listing on some foreign server and maybe even having to pay to redo SEO tags...etc., etc...
Mansion know there is little danger of this ever going before a court, so will probably get away with it if they hold their nerve, however, future business prospects might be tainted by this series of decisions.
If I were Alan, I would surprise their ass and file a claim against them in small claims court in Omaha, NE., which would be the ruling jurisdiction since Alan most likely signed the agreement there. This process only costs about $25-$30. Then when the case goes before small claims court and no one shows up in Mansion's defense then Alan would automatically win his judgment....now collecting on that won judgement is another story, but it would certainly send a message...
MY POINT EXACTLY!
Anthony I recommend you start pulling some more strings as your running on thin glass. The point at hand is you attempted to scam another affiliate and I wasn't going to allow it to happen without the gambling world knowing. I gave you guys an entire year to pay me and Im just flat out tired of the bs you gave me.
PS You got another player at paw complaing about not getting paid looks like You got work to do oh and he has over 30 active players there so stop with the 5 active player bs
This issue does need investigation, and by someone who knows about the affiliate side of the business in more detail, as we have accusations that Mansion is backing out of agreements, and counter accusations from Mansion that these non-payments are because these affiliates acted against the terms of their agreements (fraud/bad faith).
Does any site offer a PAB service for small affiliates?
Congratulations Alan, that's two threads at PAP forum that you've managed to get shut down.
By the way, there's just one more thing. It's only little but it's really buggin' me..........Pall.....PALL!?
IT'S PAUL - You rob Peter to pay PAUL!
If you're gonig to continue to make these accusations at least spell-check!
Manison reps. your a jerk...and your company that stole my winning $5000 from me shows what business you are !!!!!!!!!!!
For the purposes of clarity, HodgeyBoy is my personal CasinoMeister account.
I'll log in now from the Mansion Rep account
Anthony
I would rather have poor spelling then to be a thief like you Anthony. I don't think its very funny either on how your making this thread to be a laughing stock for You and Mansion when actually these are very serious accusations. Myself and the rest of the posters here at CasinoMeister are asking you why your a thief and You have yet to answer the questions brought to You.
Max, I could provide them with 2 more players but the contention is they have changed there own agreement with me as I should not be obligated to do business with them anymore and with them making rules up as they speak.
This isn't an objective observation. If there are truly other webmasters not being paid, then they need to lodge a formal complaint here at Casinomeister, at CAP, GPWA, or with the Gibraltar authorities. Unless these are submitted, they can't be taken into account; how are we to know they are legit? It could just be a slam fest....Not in one post does Mansion give an explanation for the other no pay webmasters that have came forward from me going public. Actually Mansion is doing the opposite, Mansion has yet to come up with an answer regarding why the other webmasters have not been paid and yet come up with a logical answer why I have not other then there own decision to change there own contract...
It may seem unfair - but if an affiliate agrees to this term, then it is not unfair. You agreed to provide the casino with five players per month. If a casino pulls out of a certain market, then the webmaster needs to adjust his/her marketing strategy. There are plenty of opportunities for webmasters to acquire traffic from other countries. If your traffic was 90% US, you should have spent your resources building your traffic in other countries instead of spending so much time in message boards complaining about Mansion. You could have been making money instead. With a little ingenuity, you can make it happen - it's not as hard as you think.I think I will put my last comments and leave it for the rest.
Mansion always had this "get 5 and we'll pay" policy. Take it or leave it. Its unfair, but clear. They then disallowed some players, but anyone can still get players internationally. So no terms broken yet.
By the way, I was originally under the impression that this player had delivered three US players, and the casino decided not to include these after they changed their player policy. This is not the case. AK delivered three non-US players; he just needs to deliver two more. I don't understand what he is complaining about since he apparently has the ability to bring in non-US players - he was more than half-way there.
Wow, why do people leave such important information out? Don't they know it's just going to come back and bite them in the ass in the end? This changes everything.
Yea I agree, but hell the Mansion Rep didn't bother to mention that little fact either ???
You sent three QUALIFIED players.
What They are claiming I sent them 3 non american players now?
The lies continue, I can no longer access my account to get screen shots what a shocker! Shuck and Jive really pathetic actually. You would think they would bring up such an important key of information if true to begin with and if that ever was the case I wouldn't have bothered. Point in fact its always about the money, forum owners and gambling operations will continue to pad there wallets in there own interest. The best review out there is a true players opinion, a gambling operation is only as good as there last payout no matter who it is.
...He has only brought 3 qualified players, thus, he
has not met his contractual requirements. Over the last year, our
Affiliate team has been corresponding with him explaining to him that
we are committed to helping him achieve this. All we ask is that he
brings forward two more non-US players and we would be pleased to
release these pending funds.
As a company we emphasize loyalty and fairness to all of our affiliates.
Once the US market was closed, our other US affiliates have not only met
the requirements of bring forward 5 qualified players from the European
market, but they have also exceeded this number. As a result, we have
decided we are unable to change the rules for affiliates do no meet
their contractual obligations.
Why aren't you making an attempt to bring in two more players? Like I said, if you would have spent have the time and effort you've spent in the fora trashing this casino and instead spent this on improving your website's reach, this would have been a non-issue for you.