Guidelines for Affiliates on Italian gambling advertising
Effective date: 14th of July 2019
The following guidelines (the “Italian Guidelines“) are an addendum to the Leo Vegas Affiliate Partner Terms and Conditions (the “Terms“)in place between Mobile Momentum N.V, having its registered office at Emancipatie Boulevard 29, Curacao (“Mobile Momentum“, “we“, “us“, “our“)and you acting as an affiliate (the “Affiliate“) which regulates the relationship with the Affiliate, following the coming into force of the Article 9 of the Law Decree 12 July 2018, No. 87 (the “Dignity Decree“) and of the guidelines issued by the Italian Communications Authority (“AGCOM Guidelines“). The addendum is performed pursuant to introductory paragraph of the Terms according to which the Affiliate agreed to be bound by the most current version of the Terms. The Dignity Decree and AGCOM Guidelines are collectively defined as “Italian Gambling Advertising Regulation“. The Affiliate shall read the Italian Guidelines carefully to ensure that it understands its obligations as well as the potential liabilities should it fail to comply with them.
2. Effective Date and Scope of application
The Italian Guidelines will take effect and will be binding from the date of their publication on the website www.leovegas.com, or any other website as may be directed by us (the “Effective Date“).
By continuing to operate with the Affiliate program and/or perform the activities subject of the Terms, following the Effective Date, the Affiliate agrees to be bound to the Italian Guidelines.
The Italian Guidelines will be applicable to the activities conducted towards Italian users and/or in relation to www.leovegas.it and the other sites run by us directed to Italian users (the “Italian Sites“). In case of discrepancies between the Terms and the Italian Guidelines, the latter shall prevail with reference to the Italian Sites.
If the Affiliate does not accept to be bound to the Italian Guidelines, then it shall immediately cease the activities subject of the Terms and it is its responsibility to terminate them in accordance with the modalities provided therein.
3. Affiliates’ obligations
It is the Affiliate’ obligation to ensure that any information it provides to the public in the performance of the Terms with reference to the Italian Sites is a message exclusively aimed at informing users about the products and services offered by us. On the contrary, it is prohibited and the Affiliate should not perform any commercial communication which consists of a message that is mainly associated with a specific call to action (i.e. an invitation to participate to a specific promotion or register to a given platform).
In more specific terms, it is expressly prohibited to promote a message with a sense of urgency and the use of imperative language. By way of example, the following types of claims are prohibited “Deposita subito e non perdere l’occasione/ Immediate deposit and do not miss the opportunity“, “Gioca ora / Play Now”, “Gioca / Play” and shall be replaced with “Per saperne di più/ If you want more information“, “Info offerta/ Information on the offer“, “Informazioni sulle quote / Information on the odds“, “Continua/Continue” and “Più informazioni / More information”.
The Affiliate can perform only informative communications and shall not carry out any communication that contains either a call to action to gamble/bet or an invitation to bet/gamble.
3.1 Display of logos
The Affiliate is allowed to:
- advertise on free sports product and news websites, but advertisements cannot be an indirect advertising of the Italian Sites and have to be independent from advertisements of the Italian Sites; and
- display URL and domain names of Italian Sites (e.g. www.leovegas.it) and their logos only for informative purposes in addition to the display of responsible gambling logos and claims provided by Italian gambling law that we can provide, upon request of the Affiliate. Banners design creativity shall be as neutral as possible and construed with informational purposes.
The Affiliate is not allowed to conduct paid advertising relating to keywords or other material referring to gambling operators on Google and through the purchase of back links.
3.2 Comparison of sporting odds, jackpots and commercial offers
Odds and commercial offers (e.g. bonuses, jackpots and features of the games/websites) of different operators shall be put in comparison and shall be provided to users and website visitors through an informative (and not promotional) communication. For example the following types of claim are allowed since they are put in comparison with other gambling operators’ odds and commercial offers “Se depositi X € su www.leovegas.it, hai diritto ad un bonus pari a X €. Informazioni sull’offerta su www.leovegas.it”/ “If you deposit X € at www.leovegas.it, you are entitled to a bonus of X €. Information about the offer at www.leovegas.it“.
In case of displaying advertising banners of a single operator related to its odds and its commercial offers without mentioning competitors’ odds and commercial offers, the banners shall contain a claim of superiority compared to the rest of the market that shall be supported by evidentiary data. For example these types of claim are allowed “Su www.leovegas.it sono presenti le migliori quote della serie A il giorno della partita. Per saperne di più clicca qui”/ “On www.leovegas.it are available the best odds of the serie A on the day of the match. For more information click here“.
Odds and commercial offers shall be displayed with a neutral language.
3.3 Retention activities
The communication of information such as the reporting of odds and commercial offers via email, SMS, direct messages or push notifications is to be considered allowed only when users expressly request it, provided that this is strictly limited to what users asked for. On the contrary, the delivery of CRM and/or marketing communications is prohibited.
The Affiliate shall not ask users to receive marketing communications, but to subscribe to a service relating to the provision of information on odds/promotions, leaving the possibility to the user to select the type of events/promotions/products on which they want to receive information (as by way of example “richiedo di essere abilitato al servizio di aggiornamento sulle quote ed offerte commerciali degli operatori di gioco a noi affiliati” / “I expressly request to be subscribe to the service of updating odds and commercial offers of gambling operators affiliated to us“.
- Our Rights and Remedies
In case of breach of the obligations set out in paragraph 3 or your negligence in performance the activities in accordance with the Italian Guidelines, or failure to in any way meet your obligations hereunder, the following remedies will be available:
- the right to suspend any Affiliate’s participation in the Affiliate program for such period as is required to investigate any activities of the Affiliate that may be in breach of the Italian Gambling Advertising Regulation;
- the right to withhold any revenue share or amount due to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Terms;
- the right to claim the amount of fines and any further damage, including reputational damages, potentially suffered by us, the companies of its group and/or any of the individuals or companies instructed or employed by them, as direct or indirect consequence of the breach of the obligations set out in these Italian Guidelines;
- the right to immediately terminate the Terms with the Affiliate.
- Governing Law.
The validity, construction and performance of the Italian Guidelines and any claim, dispute or matter arising under or in connection to the Italian Guidelines or its enforceability shall be governed and construed in accordance with what prescribed by article 11 of the Terms.