The Rational Group, which operates PokerStars and is responsible for the new Full Tilt Poker entity, has announced that they "are not liable and will not pay for any affiliate earnings which may have been due to you under your agreement with any former Full Tilt Poker company."
The settlement agreement with the DoJ did not include any contractual agreements that previously existed with Full Tilt Poker.
Full Tilt is still set for relaunch on November 6; however, an affiliate program will remain unavailable for anyone wishing to promote the brand until next year. On the bright side, the Rational Group have announced that a new affiliate program will be launched in the first quarter of 2013, which will allow affiliates to promote both Full Tilt Poker and PokerStars via a joint affiliate program.
A copy of the email PokerUpdate received is copied below:
As you may be aware, The Rational Group, which operates PokerStars, obtained certain assets of Full Tilt Poker as part of a settlement reached with the US Department of Justice Southern District of New York.
Under the settlement agreement with the Department of Justice, The Rational Group committed to make available for withdrawal the online poker account balances of all non-U.S. players of Full Tilt Poker. FullTiltPoker.com will launch on November 6, and from this date forward non-U.S. players will be able to withdraw their balances, which relate to previous player activity on the site. These funds will be made available for withdrawal out of the Rational Group's own resources through funds which will be transferred by the Rational Group into segregated bank accounts.
Other than the non-US player balances, The Rational Group did not assume any liabilities of the previous Full Tilt Poker companies and therefore previous contractual agreements that Full Tilt Poker may have had with affiliates were excluded. As such, The Rational Group is not liable and will not pay for any affiliate earnings which may have been due to you under your agreement with any former Full Tilt Poker company.
For those accounts where player funds are commingled with funds derived from affiliate earnings, The Rational Group will only be making the portion of the funds relating to your previous player activity available for withdrawal.
Separately, as we are working around the clock to get the new FullTiltPoker.com site up-and-running by November 6, we are unable to offer an affiliate program for Full Tilt Poker at this time. We do intend to launch a new affiliate program in the first quarter of 2013, under the Rational Group, which will be a joint program with PokerStars. This future program will give you the opportunity to promote and earn from both brands. We look forward to engaging with you on a new partnership going forward.
Full Tilt Poker