No US company could get out of willful shaving of its webmasters with a TOS. There is a limit on what can be done in such agreements. Blatent fraud on the part of a company is not protected by anything other than a statute of limitations.
The PROBLEM is he doesn't have proof of ANYTHING. There is no way you can KNOW a program is shaving. You cannot SEE shaving, unless there is some column on the stats reports that says "amount we shafeted you out of". You can BELIEVE it all you want. If you KNOW this - drop the program. Why people complain about 0:20,000 ratios for more than a week is beyond me. There is no way that I would send 20,000 clicks somewhere without getting credit - shaving or not.
It reminds me of the old lady that was playing the slots next to a friend of mine in Atlantic City. She was muttering this and that about the casinos - one of the things she said was "they're all fixed you know" as she continued to put in dollar after dollar.
Lenny2 does have a good point (even if he wasn't trying to make it) is assuming you can prove that you did not get paid for all transactions you should have - they will just claim it is a mistake. You'd still get the money, but be out thousands in fees.
This stuff happens all the time with contracts and the like. Companies make "mistakes" - the commissioner of the FDA makes "calculation errors".
If you have PROOF - then by all means go after them. The courts will not let you go on fishing expeditions and hire people to audit their records without some sort of proof to begin with. You must have at least one piece of EVIDENCE, that would show they are shaving. This would either have to be TESTIMONY from someone INSIDE or a DOCUMENT from them about their shaving practices. Then you could have the records audited to find more evidence and prove damages. Without some sort of proof to begin with - companies like exxon and the like would go out of business as they would be sues by every tom dick and harry attorney looking through their records trying to find something wrong they did.
Nor will the courts care what it is about - you can be selling bibles or porn - the law is the same - if you got shafted, and have proof, sue them.
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