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  #161  
Old 10-19-2005, 05:49 AM
ericicecream ericicecream is offline
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Join Date: Aug 2005
Location: Gypsy
Posts: 754
Default Re: Anybody seen my Empire Affiliate Busterstacks

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Those who can do, and those who can't try to make money off other people's money.

[/ QUOTE ]

Those who are smart, do both.
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  #162  
Old 10-19-2005, 06:16 AM
Dynasty Dynasty is offline
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Join Date: Sep 2002
Location: Las Vegas
Posts: 16,088
Default Re: Anybody seen my Empire Affiliate Busterstacks

[ QUOTE ]
[ QUOTE ]
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his tiers at empire are locked in

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DOWNNNNNNNN GOES FRAZIER!

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this is the single best post i've ever read on 2+2

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I'm noticeably older than most readers and posters here. Would someone please explain this cultural reference to me as I don't get it at all.


[/ QUOTE ]

If you're older, it should be easier to understand.

"Down goes Frazier" is Howard Cosell's call of George Foreman's stunning first round knockdown of boxing World Champion Joe Frazier in the early '70s.
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  #163  
Old 10-19-2005, 10:42 AM
lorinda lorinda is offline
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Join Date: Sep 2002
Location: England
Posts: 6,868
Default Re: Anybody seen my Empire Affiliate Busterstacks

[ QUOTE ]
Legal action?

Ummm...no

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Why not? There are 40,000 witnesses who would be more than willing to say that the guy was offering a business deal that he went back on. I can also find evidence of him spamming if that helps.

Lori
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  #164  
Old 10-19-2005, 11:59 AM
jman220 jman220 is offline
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Join Date: May 2005
Posts: 7,160
Default Re: Anybody seen my Empire Affiliate Busterstacks

[ QUOTE ]
[ QUOTE ]
Legal action?

Ummm...no

[/ QUOTE ]

Why not? There are 40,000 witnesses who would be more than willing to say that the guy was offering a business deal that he went back on. I can also find evidence of him spamming if that helps.

Lori

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While absolutes in undefined areas of law can't be given, it is extremely unlikely that anyone would be successful in legal action against Buster Stacks for this debacle. This is largely because the existence of the business deal would be just too hard to define (legally), and therefore too hard to prove. Plus, a court is unlikely to enforce a contract based on an illegal activity, and the legality of online poker is highly questionable.
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  #165  
Old 10-19-2005, 12:57 PM
_And1_ _And1_ is offline
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Join Date: Nov 2003
Location: Lalaland
Posts: 777
Default Re: Anybody seen my Empire Affiliate Busterstacks

[ QUOTE ]
I think an email along the lines of "My affiliate made me sign up for xx% per month rakeback and now he's not paying me, Im going to go to <whatever you can think of> and tell everyone that your site is crooked" to Empire support from all of his clients should soon get things changed.

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Havent read this whole thread BUT in the ToC in the x-skins (Multipoker have this clause, and the rest of the skins should have to, might not thou (but according to partypoker they all work under same contract anywho)) a player can ask of beeing deleted from an affiliates tracker by the sites affiliate department, so just mail empire/tradal and ask for it and you will be rewarded, the site will earn more sure BUT Buster will earn LESS.

I can provide clause reference to the multipoker ToC, havnt read the Empire that closely...
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  #166  
Old 10-19-2005, 01:07 PM
StacysMom StacysMom is offline
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Join Date: Sep 2004
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Default Re: Anybody seen my Empire Affiliate Busterstacks

If someone takes my money I go "ask" for it back. The validity of the contract has little to do with it.
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  #167  
Old 10-19-2005, 01:32 PM
ericicecream ericicecream is offline
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Join Date: Aug 2005
Location: Gypsy
Posts: 754
Default Re: Anybody seen my Empire Affiliate Busterstacks

[ QUOTE ]
[ QUOTE ]
Legal action?

Ummm...no

[/ QUOTE ]

Why not? There are 40,000 witnesses who would be more than willing to say that the guy was offering a business deal that he went back on. I can also find evidence of him spamming if that helps.

Lori

[/ QUOTE ]

I should clarify that I was assuming that the question was about legal action in the U.S. In other countries possibly there can be some potential action.

In the case of the U.S., online gambling, while a somewhat grey area from a criminal standpoint and certainly nobody has ever (or probably will ever) been arrested or fined for it, it is "illegal" from a civil standpoint, meaning it is not legally recognised and protected. Civil courts will not intercede on the customers behalf to recoup any unpaid monies from the sites. I would certainly think this would also apply to any side business feeding off of online gambling.

Kinda like the marijuana dealer who agrees to kickback a % for every customer you send his way. If he doesn't pay, you'd have a hard time getting the courts to back you up on it, even with a written contract.
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  #168  
Old 10-19-2005, 04:08 PM
Rasputin Rasputin is offline
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Join Date: Sep 2004
Posts: 604
Default Re: Anybody seen my Empire Affiliate Busterstacks

[ QUOTE ]
I should clarify that I was assuming that the question was about legal action in the U.S. In other countries possibly there can be some potential action.

In the case of the U.S., online gambling, while a somewhat grey area from a criminal standpoint and certainly nobody has ever (or probably will ever) been arrested or fined for it, it is "illegal" from a civil standpoint, meaning it is not legally recognised and protected. Civil courts will not intercede on the customers behalf to recoup any unpaid monies from the sites. I would certainly think this would also apply to any side business feeding off of online gambling.

Kinda like the marijuana dealer who agrees to kickback a % for every customer you send his way. If he doesn't pay, you'd have a hard time getting the courts to back you up on it, even with a written contract.

[/ QUOTE ]

First of all, there's no such thing as being "illegal" from a civil standpoint. Illegality is a criminal matter.

Second of all, the fact that the Justice Department considers online gambling to be covered under the Wire Act doesn't mean it is. The Justice Department doesn't get to make that decision.

Last I heard, the only appellate decision indicated that online gambling was not covered by the Wire Act.

I suspect that a civil court would enforce a rakeback contract until such a time as Congress or a court decides the criminality question definitively.
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  #169  
Old 10-19-2005, 04:35 PM
lorinda lorinda is offline
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Join Date: Sep 2002
Location: England
Posts: 6,868
Default Re: Anybody seen my Empire Affiliate Busterstacks

Does this mean that if someone were to accidentally batter him to death with a pokerstars chip set case, then it would be okay as that item does not actually legally exist?

[img]/images/graemlins/smirk.gif[/img] [img]/images/graemlins/tongue.gif[/img]

Lori
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  #170  
Old 10-19-2005, 05:20 PM
ericicecream ericicecream is offline
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Join Date: Aug 2005
Location: Gypsy
Posts: 754
Default Re: Anybody seen my Empire Affiliate Busterstacks

[ QUOTE ]
Does this mean that if someone were to accidentally batter him to death with a pokerstars chip set case, then it would be okay as that item does not actually legally exist?

[img]/images/graemlins/smirk.gif[/img] [img]/images/graemlins/tongue.gif[/img]

Lori

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In the case of Busterstacks, I hardly suspect it would be an accident [img]/images/graemlins/smile.gif[/img] But yes, that should be perfectly legal. In fact, if you hit him over the head with a computer monitor while the computer monitor is 4-tabling at an illegal site, this would also be okay [img]/images/graemlins/smile.gif[/img]
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