When a partner is banned any bitcoin value accrued in the bitcoin address they provide is forfeit to BitcoinAdvertisers.com.
I see nothing of the sort in your terms. I'm with tysat on this one.
As no terms are explicitly defined, your terms are this:
Currently you could earn 22.77 mBTC
for one visitor!
Only 2% service fee
Free to use
Earnings paid automatically to you!
Let me direct you to
http://www.bitcoinadvertisers.com/tos.php which is on the top right of every page on the website.
I saw those. None of them pertain to how funds are dispersed and when they can be dispersed. They mention that you can terminate the contract at any time, but there's nothing about you being allowed to keep the funds. Thus, the implied terms overrule, and those imply that the earnings are paid automatically for each and every click.
When a partner is banned any bitcoin value accrued in the bitcoin address they provide is forfeit to BitcoinAdvertisers.com.
The advertiser pays for clicks and they got what they paid for.
Imagine an estate agent/escrow who sells your house and then tells you "I sold your house but it was crap, so you will not get paid. The purchasers got what they paid for though. So the deal is closed, I do whatever I please with the money I received for your crappy property, and you are BANNED" LOL
@Andrew Bitcoiner
Sounds like what you're doing.
No that doesn't actually translate at all because every ban to a partner occurs to protect the investment each advertiser makes who retain their remaining clicks to legitimate sources of traffic. There will always be fraud in CPC advertising and I take diligent actions to stop and preempt click fraud so that advertisers get legit traffic to their site and earn new customers. I cannot tell 100% what is click fraud and what is not but I can make reasonable assumptions about web traffic which is a tried and true industry. It's not easy to do that and it takes a careful judgement of the pros and cons each partner offers to our advertisers and I take that responsibility very seriously.
As an advertiser on BitcoinAds myself I want my advertising bitcents to be the most effective as possible and future versions of the site will have better analytics for advertisers and partners so that they can legitimately earn bitcoin for using the service.
I see none of this in your terms. Even then, why aren't the funds returned to the advertisers? If the clicks are clearly fraud, then the advertisers shouldn't have to pay for them. You should get the scammer tag for that alone (unless it was in the terms, but it clearly wasn't).
Next time, get a lawyer.
Note: For the benefit of those who were harmed by Andrew Bitcoiner, none of my information or advice constitutes legal advice. I'd advise getting a lawyer to discuss your legal options.