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  • Tippy

    Hey Guys, haven’t posted here in years, but have a quick question to the guys who have been doing affiliate work for FanDuel from way back. I’ve got guys on my affiliate account from way back in 2009 through 2015 and now FanDuel has decided they won’t pay commissions for those guys after 730 days? Has anyone else had this happen? I’ve been making over $1000 a month for about 8 years and just this month FanDuel won’t pay a dime now. Years worth of work just stolen by FanDuel. Would be thankful to hear from anyone else in this boat? Surely you guys at RotoGrinders got hit with this too since you have been affiliate marketing since way back??? Is RotoGrinders still getting paid on all those early guys who were signed up?

    Tippy

  • Zieg30

    • 615

      RG Overall Ranking

    • 2018 DraftKings FGWC Finalist

    I have no comment on the OP’s position, but this focus on a written contract between the parties as being the be-all, end-all, is misplaced. One doesn’t always need a signed contract for there to be a legal relationship between the parties.

    Promissory Estoppel (basically, one party makes a promise another party reasonably relies upon and it would be to the latter’s detriment if the former party is permitted to go back on the promise) exists in law.

    This is by no means legal advice, but if the FD T&O established guidelines for referrals going forward that the OP reasonably relied upon at the time (e.g. he went off and built a website and worked hard to obtain referrals, sacrificing his time and money, etc.), or that they intended him to rely upon, then FD is not necessarily permitted, in law, to just change the circumstances of the relationship unilaterally by changing the T&O.

  • bigez952

    @Zieg30 said...

    I have no comment on the OP’s position, but this focus on a written contract between the parties as being the be-all, end-all, is misplaced. One doesn’t always need a signed contract for there to be a legal relationship between the parties.

    Promissory Estoppel (basically, one party makes a promise another party reasonably relies upon and it would be to the latter’s detriment if the former party is permitted to go back on the promise) exists in law.

    This is by no means legal advice, but if the FD T&O established guidelines for referrals going forward that the OP reasonably relied upon at the time (e.g. he went off and built a website and worked hard to obtain referrals, sacrificing his time and money, etc.), or that they intended him to rely upon, then FD is not necessarily permitted, in law, to just change the circumstances of the relationship unilaterally by changing the T&O.

    The standard terms and conditions always have a clause at the bottom saying they have the right to modify or change them at any time. So the issue comes back to the OP saying he had a contract outside of the standard terms which is the the only way he has a leg to stand on. I am sure he doesn’t have a special agreement so unfortunately he is going to have to accept what he has got up to this point and move on.

  • thatley99

    The graphic at the top of this thread supports Tippy’s point

    https://rotogrinders.com/threads/are-fanduel-s-changes-to-terms-and-conditions-towards-affiliates-legal-2329426?page=1#reply-2329936

    “When you refer someone to FanDuel, that player will be linked to your account for the entire lifetime of that player”.

  • bigez952

    @thatley99 said...

    The graphic at the top of this thread supports Tippy’s point

    https://rotogrinders.com/threads/are-fanduel-s-changes-to-terms-and-conditions-towards-affiliates-legal-2329426?page=1#reply-2329936

    “When you refer someone to FanDuel, that player will be linked to your account for the entire lifetime of that player”.

    The graphic conveniently cuts off the fine print at the bottom which most likely includes their clause that they have the right to modify or change their terms at anytime without notice. There is a reason why every company puts opt out clauses in the fine print so they can change their mind down the road should their business environment change.

  • TeamTwerk

    @bigez952 said...

    The graphic conveniently cuts off the fine print at the bottom which most likely includes their clause that they have the right to modify or change their terms at anytime without notice. There is a reason why every company puts opt out clauses in the fine print so they can change their mind down the road should their business environment change.

    LOL I don’t think most contracts have an opt out of payment after a job has been completed clause. To me all the ads promising payment for life is very persuasive. He relied on that promise of payment and like he said worked hard passing out cards at sporting events, website development Etc. Look at Rotogrinders, how much money have they spent on all the employees etc to generate new clients for the sites expecting the promised compensation.

  • bigez952

    @TeamTwerk said...

    LOL I don’t think most contracts have an opt out of payment after a job has been completed clause. To me all the ads promising payment for life is very persuasive. He relied on that promise of payment and like he said worked hard passing out cards at sporting events, website development Etc. Look at Rotogrinders, how much money have they spent on all the employees etc to generate new clients for the sites expecting the promised compensation.

    Actually almost every contract has some sort of opt out clause or language to handle changes to the agreement.

    This is directly from the current Fanduel standard terms of conditions for Affiliates. I would guarantee you Fandeul didn’t enter any contract without some sort of opt out language somewhere within the contract. Like I had said from the beginning the only way the OP has a legitimate case is if he has a contract outside of the standard terms that doesn’t have opt out language within the contract.

    17.      Term of this Agreement
     
    The term of this Agreement (the “Term”) will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from Your Site, all links to the FanDuel Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn Referral Fees only on qualifying registrations and deposits from Referred Customers that occur during the Term, and only if the relevant registrations or deposits are not cancelled and are made by means consistent with this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
     
     
    18.      Modification
     
    We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the FanDuel Site (or on a page that is about the Program). Modifications may include, for example, changes in the scope of available Referral Fees, Referral Fee calculation, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on the FanDuel Site will constitute binding acceptance of the change.

  • TeamTwerk

    @bigez952 said...

    Actually almost every contract has some sort of opt out clause or language to handle changes to the agreement.

    This is directly from the current Fanduel standard terms of conditions for Affiliates. I would guarantee you Fandeul didn’t enter any contract without some sort of opt out language somewhere within the contract. Like I had said from the beginning the only way the OP has a legitimate case is if he has a contract outside of the standard terms that doesn’t have opt out language within the contract.

    17.      Term of this Agreement
     
    The term of this Agreement (the “Term”) will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from Your Site, all links to the FanDuel Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn Referral Fees only on qualifying registrations and deposits from Referred Customers that occur during the Term, and only if the relevant registrations or deposits are not cancelled and are made by means consistent with this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
     
     
    18.      Modification
     
    We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the FanDuel Site (or on a page that is about the Program). Modifications may include, for example, changes in the scope of available Referral Fees, Referral Fee calculation, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on the FanDuel Site will constitute binding acceptance of the change.

    So I guess what I don’t understand is what makes this arrangement different than any other agreement to exchange service/goods for an agreed upon price with agreed upon terms? Do you think Amazon could sell a third party vendors product and then refuse to pay the agreed upon price because they changed their terms mid transaction after the product had already been delivered? Absolutely no chance. What’s the difference? You think op is just a common user of FD and taking advantage of a freebie promo?

  • bigez952

    @TeamTwerk said...

    So I guess what I don’t understand is what makes this arrangement different than any other agreement to exchange service/goods for an agreed upon price with agreed upon terms? Do you think Amazon could sell a third party vendors product and then refuse to pay the agreed upon price because they changed their terms mid transaction after the product had already been delivered? Absolutely no chance. What’s the difference? You think op is just a common user of FD and taking advantage of a freebie promo?

    I am confused by what you don’t understand. Every contract from every large company always has some sort of opt out clause to cover changes in the agreement in case something happens not allowing them to hold up their end of the deal so they don’t get sued. Granted opting out or changing agreements is likely to piss people off so most companies aren’t going to use them very often and they are strictly in place for their own legal protection.

    I don’t think the user is taking advantage of a freebie promo but the only way he has a case is if he has a custom contract free of the opt out language in the standard terms of agreements for all affiliates which I posted above. If he doesn’t then unfortunately as much as it sucks there is nothing he can do.

  • TeamTwerk

    @bigez952 said...

    I am confused by what you don’t understand. Every contract from every large company always has some sort of opt out clause to cover changes in the agreement in case something happens not allowing them to hold up their end of the deal so they don’t get sued. Granted opting out or changing agreements is likely to piss people off so most companies aren’t going to use them very often and they are strictly in place for their own legal protection.

    I don’t think the user is taking advantage of a freebie promo but the only way he has a case is if he has a custom contract free of the opt out language in the standard terms of agreements for all affiliates which I posted above. If he doesn’t then unfortunately as much as it sucks there is nothing he can do.

    What is the point of a contract if you can opt out of the compensation portion of the agreement mid-transaction? I have a feeling a lot of judges would not care so much what the fine print says if it is so obviously being used in an unfair way against one party. Especially when one party is just a layperson and has been bombarded with ads promising them specific compensation in exchange for work.

  • bigez952

    @TeamTwerk said...

    Do you think Amazon could sell a third party vendors product and then refuse to pay the agreed upon price because they changed their terms mid transaction after the product had already been delivered? Absolutely no chance. What’s the difference?

    An example of how stuff like this happens everyday would be looking up the term “force majeure”. In the industry I work in every contract has these force majeure clauses where they can get out of contracts by things outside of their control. It is extremely rare for suppliers to claim “force majeure” as it would most likely end with us black balling that supplier for life but your naïve to think that stuff like this can’t happen just because there are terms or a contract in place.

  • divusjulius

    • Blogger of the Month

    @TeamTwerk said...

    What is the point of a contract if you can opt out of the compensation portion of the agreement mid-transaction? I have a feeling a lot of judges would not care so much what the fine print says if it is so obviously being used in an unfair way against one party. Especially when one party is just a layperson and has been bombarded with ads promising them specific compensation in exchange for work.

    well, that might be how one feels, but that is not how the alw or american courts work. and as has been pointed out, the affiliates don’t even have a contract, but an agreement, with language allowing alteration of the agreement.

    and opt out clauses are pretty standard in contracts, and no, a judge is not going to void it because a person says the print was to small to read or i can understand legal jargon. indeed, the countering argument could be made that it was irrational for a person to think this was a never-ending arrangement.

    some people may not like the optics of what FD did, and they have a right to make a stink about it, but FD/DK didn’t do anything illegal.

  • bigez952

    @TeamTwerk said...

    What is the point of a contract if you can opt out of the compensation portion of the agreement mid-transaction? I have a feeling a lot of judges would not care so much what the fine print says if it is so obviously being used in an unfair way against one party. Especially when one party is just a layperson and has been bombarded with ads promising them specific compensation in exchange for work.

    Your feeling would be wrong 100 out of 100 times as no Judge would “not care” what the fine print of the contract says. Like I said before these opt out clauses rarely get used as it is usually damaging to the relationship but the entire point of them is to avoid legal issues.

    For what is the point of the contract – As with anything in this world you can negotiate all part of contracts between two parties and refuse to sign one with opt out clauses in it but that rarely happens. The more common negotiating tactic is to remove opt out clauses with a buy out clause so one party can break the agreement for an agreed upon fee.

    If you read the all the fine print for every terms and conditions of things you have agreed to in your lifetime you will find that if companies want they can screw you in pretty much every way possible and get away with it. However most choose not to do so before it looks bad and usually not a smart way to keep customers but I can assure you that all of this fine print will hold up in the court of law and companies use them as legal insurance in the sue happy world we live in.

  • FantasyDraft_Rep

    • FantasyDraft Representative

    We have a number of affiliate options similar to those that were offered by FD/DK in the past.

    Here are the rev share rates we will offer anyone who is interested in becoming an affiliate.

    Monthly Net Revenue Rev Share %
    <$2,000 20%
    $2,001 – $5,000 25%
    $5,001+ 30%

    If you would like to learn more feel free to reach out to support@fantasydraft.com for more detail.

  • mambaland

    @Tippy said...

    with industry standards,

    industry standards? there are like 2 real sites…they are the industry

  • crazyivan24

    • 807

      RG Overall Ranking

    • Ranked #97

      RG Tiered Ranking

    Fanduel screwed me to as an affiliate. I’ve been screwed as an affiliate by sportsbooks, poker sites, and now DFS (fanduel and draftkings) by removing the lifetime affiliate commissions; what a joke, really.

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