In 2019 OnlineCasinoReviewer.com was acquired by CasinoRankings.com and the sites were consolidated in 2020. This page documents the 2017/2018 court case filed by former OCR owner Dave Sawyer (Bath Rock Media) against AffiliateEdge (Casino Affiliate Program).
OCR Legal Challenge Against Retroactive Term Changes
Updated 2nd February 2018 – The purpose of this page is to document and list OnlineCasinoReviewer.com’s legal challenge against the Affiliate Edge Casino Affiliate Program.
The action taken by OnlineCasinoReviewer.com 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.
Below, in chronological order ( Most recent first ) are articles which also include videos detailing the action taken and more importantly, why CR chose to go down this path of legal action.
Affiliate Edge Court Case Date Set
5th December 2017 – Chippenham County Court has set a date for the hearing of Interactive Technology Corporation Limited’s application to ‘Stay’ the proceedings brought against them by Bath Rock Media Limited, the owners and operators of OnlineCasinoReviewer.com.
Bath Rock Media have issued a claim through the small claims court for the sum of £4940.30 owing, due to ITC who own Affiliate Edge invoking a player quota clause, which reduced the agreed commission percentage owed to Bath Rock Media from 35% to 10%.
The amount claimed by Bath Rock Media covers revenue generated by historical players, the revenue of which was accrued during the months of June and July 2017.
In addition to applying to ‘Stay’ Bath Rock Media’s claim, ITC will also be applying to the court for their costs if their application is successful.
The date of the hearing is 2pm on the 19th December 2017. Dave Sawyer, director of Bath Rock Media and webmaster of OnlineCasinoReviewer.com stated concerning the court date:
“I am glad that finally a date in court has been set, even though it is only to hear ITC’s application to ‘stay’ our claim against them.”
“It is also telling, that a company such as ITC feels that by throwing money in the form of their solicitors at my claim, they are obviously of the view they can make it go away.”
“That money would have been better spent, paying what they actually owe my company and countless other affiliates, monies which they have withheld thanks to them hiding behind clause 4.7 which they added to their T & C’s without notice back in February 2017.”
“Regardless of the outcome of the hearing. The actions of ITC and their directors Stuart Ferster and Warren Ferster, shows that they are not affiliate friendly and in turn their group of casinos are not player friendly.”
“I am hopeful that the courts will see it the same way and am looking forward to having my say in court.”
ITC Move to STAY CR’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.
As expected, Interactive Technology Corporation have moved to ‘STAY‘ my claim against them, with their lawyers DAC Beechcroft contesting the jurisdiction of the Court in England and Wales.
However, they can’t just apply for this to happen and for my claim and me to go away. Oh No!
I have had this confirmed this morning by speaking directly to the Northampton County Court, who initially handled the claim I brought against ITC.
In the coming weeks and I will update these pages accordingly, I and also ITC’s legal representative will both have to appear in Chippenham County Court. Which means I won’t have to travel very far seeing as it is the County Court closest to me.
This will be in front of a Judge who will decide on the information provided both by ITC and myself as to why or why not the English County Court System should hear my claim against ITC and Affiliate Edge.
As stated, this was expected as was the 11th hour in filing an application to ‘STAY’ my claim. So court it is then!
CR Commences Legal Action Against Affiliate Program
9th October 2017 – This evening the owners and operators of OnlineCasinoReviewer.com, 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.
From Dave’s Blog:
It’s late on a Monday evening and it has gone past 21:00 already, yet I am still in the office, having just filed legal proceedings against ITC Ltd, the parent company of Affiliate Edge, who owe OnlineCasinoReviewer.com just shy of £5,000.
Ok, so those of you that thought I was bullshitting, please hold your hands up, get a plate, a knife and fork and have a large dose of humble pie.
For those of you not aware of the back story, take a minute to read Can’t Pay We’ll Take it Away and watch the accompanying video on that page.
In all seriousness, the action I am taking is I believe unprecedented when it comes to iGaming Affiliates. Affiliates should not have to stand for retroactive terms and I am hoping the courts will see it the same way as I and also my peers do.
As I have been for the past four of five weeks, I will be keeping you all up to speed as to how my claim against Interactive Technology Corporation is faring. You never know, Stuart Ferster and Warren Ferster might even get reacquainted with their moral compass and actually pay me what is rightfully owed.
Brief update, short and to the point. The next fourteen days will be interesting.
Interactive Technology Corporation to Face Court Action
4th October 2017 – Interactive Technology Corporation’s failure to pay our invoice for outstanding commissions, totaling £4940.30, means that legal action is imminent.
As discussed and covered on the 1st September 2017, OnlineCasinoReviewer.com 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
From Dave’s Blog:
“The introduction of retroactive player quotas in February 2017 by the senior management at ITC under the auspices of clause 8.5, allowing them to amend the terms as and whenever they feel like. Is nothing short of reneging on agreed terms, which we had been working with Affiliate Edge since 2006.
It is akin to using a stick to beat the donkey with, to ensure affiliates continue to provide ITC’s Affiliate Edge Program with new players. Despite the fact there are very strong allegations that Warren Ferster and Stuart Ferster have been detagging players from their affiliates. Plus their close business relationship with the blacklisted and rogue AffPower Group.
ITC are the sole beneficiary of all the offshore shell companies set up to ‘protect’ and keep at arms length the operation of Affiliate Edge. This was also confirmed by Mr Justice Morgan when making judgement in the acrimonious High Court Action involving Warren Ferster and Stuart Ferster in 2016.
I am hopeful that the action my company is taking against ITC will ensure that affiliate programs will think long and hard before introducing punitive retroactive changes to any and all terms and conditions with their affiliate partners in the future.“
Affiliate Edge – Can’t Pay We’ll Take It Away
3rd September 2017 – OnlineCasinoReviewer.com 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 OnlineCasinoReviewer.com, 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.