OCR Legal Challenge Against Retroactive Term Changes
Updated 2nd February 2018 – The purpose of this page is to document and list Online Casino Reviewer’s legal challenge against the Affiliate Edge Casino Affiliate Program.
The action taken by Online Casino Reviewer is we believe a first, where an active iGaming Affiliate has commenced court action against an Affiliate Program, for changing the goal posts of their agreement. In the form of introducing punitive retroactive terms to their agreed upon Terms and Conditions.
After taking legal advice from our solicitors we are now able to state the outcome of the Stay Application from ITC Limited, which was heard at Trowbridge and Chippenham Law Courts on the 19th December 2017.
Unfortunately the news is not good. Due to an arbitration clause in the Terms and Conditions of the CWC Affiliates / Affiliate Edge agreement, our claim against Interactive Technology Corporation was ‘Stayed’ with the full court order stating the following:
- The Court stays the proceedings pursuant to it’s incorrect jurisdiction pending any arbitration as raised in the claim form.
- The claimant do pay the Defendant’s costs of the application assessed at £10,000 + VAT.
I will add that ITC’s barrister requested the hearing be held in private, hence the length of time it has taken whilst getting legal advice as to what I can or cannot say publicly.
I will also add that we will not be pursuing the arbitration route as the advice we have received indicated that the costs involved could be upwards of £50,000 or more should we lose. For a disputed amount of less than £5,000 this does not make commercial sense.
NB: To reiterate, the above information disclosed has been vetted and approved by our solicitors to do so.
Online Casino Reviewer Legal Costs
As a result of being hit with costs of £10,000 + VAT, we at Online Casino Reviewer cannot thank enough the following portals who have assisted us in meeting them.
In particular we want to personally thank our good friend Bryan Bailey of Casinomeister who donated a sizeable amount. Also another big shout out goes to Duncan who owns and operates ThePogg.com. He has been an absolute rock and was instrumental in arranging the fundraiser amongst our peers.
It is heartening to know that this community we have operated in since 2004, has many many ethical webmasters. Online Casino Reviewer thanks you all and below are a list of the portals who alongside ourselves have contributed. Next conference I am at, hit me up for a beer!
Affiliate Edge Court Case Date Set
5th December 2017 – A date has been set by Chippenham County Court to hear Interactive Technology Corporation Limited’s application to ‘Stay’ our claim made against them.
The hearing will be held on the 19th December 2017 at 2pm in the afternoon.
DAC Beechcroft who are representing Interactive Technology Corporation Limited have also indicated to us that they will try and seek costs from us, if their application proves successful.
ITC Move to STAY OCR’S Legal Action
10th November 2017 – We have been informed by the courts that ITC are contesting the Jurisdiction of the Court, concerning our claim against them.
As a result our claim has been transferred to our local County Court, which is in Chippenham, Wiltshire.
This will provide an opportunity for ITC and also myself to put forward our case as to why the courts in England and Wales should or should not hear and judge on the claim I have brought against ITC.
OCR Commences Legal Action Against Affiliate Program
9th October 2017 – This evening the owners and operators of Online Casino Reviewer, Bath Rock Media Limited, initiated legal proceedings against Interactive Technology Corporation Limited.
Interactive Technology Corporation Limited are the Manchester based company that own and operate the Affiliate Edge casino affiliate program. Which includes the Club World Group of Casinos.
Taking action through the UK’s Small Claims Court, we believe this is the first such instance an affiliate partner has taken action against an affiliate program.
Interactive Technology Corporation to Face Court Action
4th October 2017 – Interactive Technology Corporation’s failure to pay our invoice for outstanding commissions, totalling £4940.30, means that legal action is imminent.
As discussed and covered on the 1st September 2017, Online Casino Reviewer did not agree with or were notified concerning a new clause added to the Affiliate Edge T & C’s in Feb 2017.
Clause 4.7 added by Affiliate Edge deems an affiliate inactive should they not continue to send FTD’s to the program
Certainly interesting times ahead!
Affiliate Edge – Can’t Pay We’ll Take It Away
3rd September 2017 – Online Casino Reviewer sends a final demand for payment and invoice to the owners of the Affiliate Edge, Casino Affiliate Program.
Affiliate Edge have withheld nearly £5000 from Online Casino Reviewer, thanks to clause 4.7 which was introduced to the program’s terms and conditions without notifying their affiliate partners.
Should Interactive Technology Corporation decide not to pay, Bath Rock Media Limited the owners of OCR will be left with no alternative but to commence legal proceedings against ITC Ltd.