Affiliate legality question

Yoon Zilla · #1 11-23-2006, 02:55 AM

I'm a new poster here and I'm not yet used to the search function. Now, if a person has a website based in the United States and puts affiliate links on his site that if clicked thru would go directly to pokerstars, for example. Would he be breaking any laws?

If this has already been answered in another thread, please provide links, thanks.

ThyWarlord · #2 11-23-2006, 03:22 AM

I asked this question right after the legislation was signed and got no responce. Good Luck.

Ron-Mexico · #3 11-23-2006, 11:34 AM

It's illegal if you are in the USA and getting any money, without a doubt.

"In appropriate cases this "punishable as a principal" law may also ensnare directors, major shareholders, advertising media, affiliates and those who are so-called consultants, team members or front men for the online gambling Websites. "

http://www.gambling-law-us.com/Feder...mbling-ban.htm

Red Lion · #4 11-23-2006, 12:25 PM

Team members and front men? So lets say, Doyle Brunson at Doyles Room, Phil Ivey at Full Tilt, Hellmuth at UB, and Greg Raymer for Poker Stars. None of these people have had any legal action taken against them, and I would expect that a lawyer like Greg would have all the bases covered. Dont you think they would go after any one of these named Pros first well before going after a single US affiliate?

Ron-Mexico · #5 11-23-2006, 01:17 PM

None of them have had legal action against them "Yet" but certainly what they are doing is illegal. Just because they haven't been busted yet doesn't mean its legal.

Red Lion · #6 11-23-2006, 01:19 PM

Isnt that all a matter of legal interpretation?

joeker · #7 11-23-2006, 01:20 PM

Yes....technically you are sharing in the revenue generated from poker/gambling site. You could be prosecuted for "aiding and abetting"

However practically speaking there really hasn't been any enforcement action on this front, and honestly I doubt they will. You might see a zealous US Attorney try and make an example of a big affiliate, but beyond that it's pretty unlikely.

But hey...you never know.

[ QUOTE ]
I'm a new poster here and I'm not yet used to the search function. Now, if a person has a website based in the United States and puts affiliate links on his site that if clicked thru would go directly to pokerstars, for example. Would he be breaking any laws?

If this has already been answered in another thread, please provide links, thanks.

[/ QUOTE ]

Red Lion · #8 11-23-2006, 02:11 PM

Another thing to consider is this. Cardplayer magazine is one of the biggest affiliates in the world. If the US DOJ is going to make an example of anyone, it would be them.

_Kindred_ · #9 11-23-2006, 08:10 PM

How can they prove your intent was to promote gambling to Americans when the internet has a global reach. Online gambling isn't illegal in the U.K. for example, and an English website could be advertising to the U.K.

My rule of thumb is if you are making enough as an affiliate to get professional legal advice then do it, if not you're probably not a big enough of target to worry about it.