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Terms & Conditions

The affiliate agreement (the "Agreement") sets out the complete terms and conditions between Ladbrokes International plc, (a company registered in Gibraltar under company number 46808 and whose registered offices are at 57-63 Line Wall Road, Gibraltar (together "BETDAQ", "we" or "us" as applicable) and you, regarding your application to participate as an affiliate (an "Affiliate in the BETDAQ affiliate programme (the "Affiliate Programme and to promote the websites currently situated at the URL www.BETDAQ.com. This Agreement replaces all previous agreements between the Parties.

 

 

1. DEFINITIONS AND INTERPRETATION

 

"Affiliate Tracker" means a code or codes provided by BETDAQ to the Affiliate, that when recorded at registration, identify that Customer as having been referred to BETDAQ by the Affiliate;

 

"Business Day" means any day (excluding Saturdays and Sundays) on which banks generally are open in Gibraltar  or Dublin for the transaction of normal banking business;

 

"Commencement Date" means the date on which BETDAQ confirms that the Affiliate''s application to join the Affiliate Programme has been accepted;

 

"Commercialise" means sell, rent, lease or license;

 

"Confidential Information" means all information which is not publicly known and that is disclosed (by whatever means, directly or indirectly) by one party to another, whether before or after the Commencement Date including any information relating to the IPR, products, operations, processes, plans, intentions, product information, each party'’s customer data the terms of this Agreement, market opportunities or business affairs of the disclosing party or any of its sub-contractors, suppliers, customers, clients or other contacts;

 

"Customers" means all BETDAQ account holders who sign up with BETDAQ (for the first time) via the Exchange Link;

 

"Exchange Link" means a hypertext link sent to you by BETDAQ that links to the BETDAQ betting exchange''s home page at www.BETDAQ.com  so as to enable a person to register with the Affiliate Tracker and place bets;

 

"Force Majeure" means any event outside the reasonable control of a party affecting its ability to perform any of its obligations under this Agreement;

 

"Good Industry Practice" means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced contractor acting in good faith;

 

"Internet Site" means your website or websites located at the web address provided to us in your application or subsequently changed from time to time and notified to BETDAQ in accordance with clause 19.2;

 

"IPR" means any and all patents, trade marks, service marks, rights in designs (including semi-conductor topography design rights and circuit layout rights), get-up, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements;

 

"Net Exchange Commission" means total commission generated by BETDAQ from exchange betting via the www.BETDAQ.com internet site less adjustments made for any deposit charges, credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debts, the cost of any promotional offers (including but not limited to any sign up bonuses and free bets), payments to any sporting bodies (including but not limited to any football governing bodies, British Horse Racing Board and the Irish Horse Racing Board or any similar body in any jurisdiction) and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

 

"Net Gaming Revenue" means total net positive revenue generated collectively by an affiliate's customers through the Games products accessible via the www.BETDAQ.com internet sites in any month, less any payments to third party software providers, adjustments made for any deposit charges, credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debts, the cost of any promotional offers (including but not limited to any sign up bonuses and free bets), and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

 

"Net Revenue" means the total of Net Exchange Commission and Net Gaming Revenue produced by Customers;

 

"Revenue Share Payments" means any payments made under the Revenue Share plan outlined for Schedule 1 to this agreement;

  

"Parties" mean the parties to this agreement;

 

 

 

In this Agreement (except where the context requires otherwise)

(a) clause headings are included for convenience only and shall not affect the interpretation of this Agreement;

 

(b) the singular includes the plural and vice versa; and

 

(c) reference to a statute or statutory provision is a reference to that statute or statutory provision and to all orders, regulations, instruments or other subordinate legislation made under the relevant statute.

 

 

2. LICENCE

 

2.1 In consideration of you making use of the Exchange Link on the Internet Site and subject to the terms and conditions of this Agreement, BETDAQ will grant to you a non-exclusive, non-transferable, terminable licence to use the Exchange Link on the Internet Site solely for your internal business purposes and in accordance with such other limitations and restrictions as set out in this Agreement.

 

2.2 It is a condition of this Agreement that you will not do any of the following:

 

(a) Commercialise the Exchange Link other than on the Internet Site;

 

(b) display data from the Exchange Link via any electronically accessible medium other than the Internet Site without the express written consent of BETDAQ; and/or

 

(c) use the Exchange Link in a way which proves or is likely to prove detrimental to BETDAQ.

 

 

3. AFFILIATE'S OBLIGATIONS

 

3.1 You warrant and undertake that:

 

(a) you have full capacity and authority and all necessary licences, permits and consents to enter into this Agreement and any other documents executed by you that may be associated with this Agreement;

 

(b) you will at all times conduct yourself with all due skill, care and diligence, including Good Industry Practice, and in accordance with your own established procedures and all applicable laws, enactments, orders, regulations and other similar instruments;

 

(c) you will make reasonable efforts to comply with BETDAQ's security guidelines (http://betdaqhelp.custhelp.com/app/answers/detail/a_id/649/kw/rules) and requirements as may be issued by BETDAQ from time to time whether in writing or otherwise;

 

(d) all information you provided in applying to join the Affiliate Programme is correct and that you will notify us promptly of any changes;

 

(e) the Internet Site, or any part thereof, is not aimed at people under 18 years of age;

 

(f) you will not directly or indirectly offer any potential Customer any incentive (including, without limitation, payment of money or other benefit) to use the Exchange Link on the Internet Site;

 

(g) you have obtained and will maintain in force all necessary registrations, authorisations, consents and licences to enable you to fulfil its obligations under this Agreement and that you will fully comply with, and shall continue to fully comply with, all applicable laws and regulations;

 

(h) the Internet Site will not contain any material which is defamatory, violent, pornographic, unlawful, threatening, obscene or racially, ethnically, or otherwise discriminatory or in breach of any third party rights and shall not intentionally or knowingly link to any such material;

 

(i) you will not seek to challenge the validity of BETDAQ's IPR or IPR belonging to any other company within the Ladbrokes Group; and

 

You will not:

 

(i) register any domain names or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service that incorporate terms which are identical or similar to BETDAQ's trade marks (or trade marks owned by other companies in BETDAQ's Group) and you will at all times comply with such reasonable guidelines for the use of BETDAQ's trade marks as may be issued from time to time;

 

(ii) include metatag keywords on the Internet Site that incorporate terms which are identical or similar to BETDAQ's trade marks (or trade marks owned by other companies in the Ladbrokes Group) and you will at all times comply with such reasonable guidelines for the use of BETDAQ's trade marks as may be issued from time to time;

 

(iii) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;

 

(iv) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the BETDAQ internet sites;

 

(v) engage in transactions of any kind on the BETDAQ internet sites on behalf of any third party, or authorise assist, or encourage any other person or entity to do so;

 

(vi) take any action that could reasonably cause any end user confusion as to our relationship with you, or as to the site on which any functions or transactions are occurring;

 

(vii) attempt to artificially increase monies payable to you by BETDAQ. We reserve the right to withhold Affiliate payments and /or suspend or close accounts where Customers referred by the Affiliate are found to be tampering with or abusing any BETDAQ promotional offers whether with or without your knowledge. Such situations to include but not be limited to different Customers betting both sides of an event or market so as to limit risk and claim bonuses and/or Net Revenue  or Bounty Payments.

 

(viii) cause the BETDAQ internet sites (or any page thereof) to open in a visitors browser other than as a result of the visitor clicking on a link on the Affiliates Internet Site.

 

3.2 You agree that:

 

(i) you or your immediate family may not become BETDAQ Customers and you shall not be entitled to any payment under this agreement in relation to such persons.
 

 

4. PAYMENT

 

4.1 Revenue Share payments will be made in accordance with clause 4.2 below.

  

4.2 Except where otherwise agreed in writing you will receive the appropriate percentage of Net Revenue generated by referred Customers in a month in accordance with the scale set out in Schedule 1.

 

4.3 Referred Customers contribution towards Net Revenue will commence at the point where they first generate revenue on BETDAQ and continue for the lifetime of that customer.

 

4.4 BETDAQ will organise affiliate payments, in accordance with clause 4.7, within the industry standard 60 days. For example, affiliate commissions earned throughout September 2011 will be paid by the end of November 2011.

 

4.5 Subject to clause 4.4 amounts due to you in respect of a calendar month will

 

(a) in the event that you are registered for VAT or any equivalent tax in the jurisdiction in which you are based be paid within 60 days of BETDAQ receiving your invoice for the amount due; or

 

(b) if you are not registered for VAT or any equivalent tax in the jurisdiction in which you are based be paid within 60 days of the end of such calendar month or, if BETDAQ in its complete discretion requires you to provide an invoice, within 60 days of receipt of such invoice.

(c) affiliates must date their invoices as the first day of the month following the commissions earned. So for example, if you earn affiliate commission in September 2011, the invoice for these earnings should be dated October 1st 2011. 

 

4.6 All payments made to you by BETDAQ under this Agreement are

 

(a) deemed inclusive of any VAT or other tax payable.

(b) will be paid in Euro as per the system default upon sign up 

(c)  will not be paid to any BETDAQ account on the Betting Exchange.

 

4.7 An Affiliate must generate a minimum of €/£ 100 in net commission before they will be eligible for a Revenue Share commission payment. Affiliates will be paid monthly, provided the minimum net commission level is reached. If the minimum level is not reached, commission revenue will carry into the following month(s) until which point the minimum criteria have been fulfilled.

 

4.8 For the avoidance of doubt if BETDAQ makes a payment under this clause which later transpires not to have been due BETDAQ may deduct such amounts from any future payments due to you under this agreement.

 

4.9 There will be no negative carry over applied to affiliates as a result of customer losses.


4.10 BETDAQ reserves the right to withhold commission and close any affiliate account deemed to:

• be inactive for a period of 3 months or more; or

• have not referred a minimum of 3 depositing players per month over a rolling 3 month period.

• have not invoiced for revenue share payments for more than a +12 calender month period.


 

5. DISCLAIMER

 

BETDAQ makes no representation that any of its services will be uninterrupted or error free and, to the fullest extent permissible by law, it will not be liable for the consequences of any such interruptions or errors.

 

 

6. INTELLECTUAL PROPERTY RIGHTS

 

6.1 All IPR in the Links belongs to BETDAQ. All IPR in any third party materials shall belong to the third party owner thereof.

 

6.2 Nothing in this Agreement purports to grant a license, provide any warranty or offer any indemnity in respect of any data that is not owned by BETDAQ. In the event that you require access to any such data, you agree that you will give us an opportunity to secure rights to the same and (if it becomes necessary to do so) you will pay the costs of securing a licence to the same from the relevant third party data owner or either party may terminate this Agreement immediately.

 

 

7. NOTIFICATION

 

7.1 Either party shall immediately notify the other party if any claim or demand is made or action brought against it for any infringement or alleged infringement of any IPR which may affect the supply or use of the Links.

 

 

8. DATA PROTECTION AND SECURITY

 

8.1 You acknowledge that the security of BETDAQ's data and its systems is fundamental to the business of BETDAQ and if you become aware of a breach or potential breach of security relating to the Links, you will immediately notify BETDAQ of such breach or potential breach and use your best endeavours to ensure that any potential breach does not become an actual breach and/or remedy any actual breach and its consequences.

 

8.2 You warrant that you will at all times comply with the provisions of the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003, the  Data Protection Act 1988 and  the  Data Protection (Amendment) Act 2003 and any equivalent applicable legislation in the jurisdiction in which you operate.


 

 

9. CONFIDENTIALITY AND ANNOUNCEMENTS

 

9.1 During the term of this Agreement and after termination or expiration of this Agreement, the parties will not use any Confidential Information for any purpose other than in pursuance of their rights and obligations under this Agreement nor disclose any Confidential Information to any person except with the prior written consent of the other party and shall follow Good Industry Practice to prevent the use or disclosure of the Confidential Information.

 

9.2 The parties may disclose any Confidential Information to their directors, other officers, employees, advisers and sub-contractors to the extent that such disclosure is reasonably necessary and in accordance with the requirements set out in clause 9.1.

 

9.3 On termination the parties shall (on request) deliver up to the other party or destroy all copies of Confidential Information in its possession, and (if so requested) shall use all reasonable endeavours to destroy all copies of Confidential Information stored electronically.

 

9.4 The parties shall together determine the content of any communications concerning the relationship between the parties. Such communications shall be issued at a time and in a manner agreed by the parties.


 

 

10. INDEMNITY

 

You will indemnify and hold harmless BETDAQ from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by BETDAQ in consequence of any breach by you of your obligations under this Agreement. This clause will survive termination of this Agreement for whatever reason.

 

 

11. LIMITATION OF LIABILITY

 

11.1 Save as provided by statute and to the fullest extent permitted by law, the following provisions set out the entire liability of BETDAQ (including any liability for the acts and omissions of its employees, agents and sub-contractors) to you whether in contract, tort, statute, equity or otherwise:

 

(a) You acknowledge and agree that (except as expressly provided in this Agreement) the Exchange Link are provided "AS IS" without warranties of any kind (whether express or implied);

 

(b) All conditions, warranties, terms and undertakings (whether express or implied), statutory or otherwise relating to the delivery, performance, quality, accuracy, uninterrupted use, fitness for purpose, occurrence or reliability of the Exchange Link are hereby excluded to the fullest extent permitted by law; and

 

(c) BETDAQ will be liable to you for any losses relating to your use of the Exchange Link including but not limited to loss of profits (whether direct or indirect), loss of contracts or goodwill, lost advertising, loss of data or any type of special, indirect, consequential or economic loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or BETDAQ had been advised of the possibility of you incurring such loss.

 

11.2 No exclusion or limitation set out in this Agreement shall apply in the case of:

 

(a) fraud or fraudulent concealment;

 

(b) death or personal injury resulting from the negligence of any party or any of its employees, agents or sub-contractors.

 

11.3 The time limit within which an Affiliate must institute suit against BETDAQ to recover on any claim shall be 2 years from the date the Affiliate should reasonably have become aware or becomes aware of the relevant breach that would form the subject of the claim.

 

11.4 This clause 11 will survive the termination of this Agreement for whatever reason.


 

 

12. FORCE MAJEURE

 

12.1 If either party is affected by Force Majeure it shall notify the other party in writing of the matters constituting the Force Majeure and shall keep that party informed of their continuance and of any relevant change of circumstances whilst such Force Majeure continues. Neither party shall have any liability to the other in respect of an event of Force Majeure provided it complies with clause 12.2.

 

12.2 The party affected by Force Majeure shall take all reasonable steps available to it to minimise the effects of Force Majeure on the performance of its obligations under this Agreement.


 

 

13. TERM AND TERMINATION

 

13.1 This Agreement shall commence on the Commencement Date and, subject to clause 13.2, shall continue until either party serves 20 Business Days written notice of an intention to terminate.

 

13.2 BETDAQ may terminate this Agreement immediately in the event that the Affiliate

 

(a) breaches any of the terms of this Agreement which, in the case of a breach capable of remedy, has not been remedied within seven days of receipt of a notice from BETDAQ specifying the breach and requiring its remedy;

 

(b) is unable to pay its debts as they fall due or make any voluntary arrangement with its creditors, become subject to an administration order, have an administrative receiver or receivers appointed in respect of the whole or any part of its assets, go into liquidation (voluntary or otherwise save for any voluntary liquidation entered into solely for the purposes of a bona fide reconstruction or amalgamation) or be made the subject of a bankruptcy order or ceases or threatens to cease carrying on its business;

 

(c) in BETDAQ's opinion, is in breach of the terms of any applicable advertising code of practice (Advertising Standards Authority - http://www.cap.org.uk/The-Codes/CAP-Code.aspx?q=CAP%20Code%20new_Specific%20Category%20Sections#c4) or;

13.3 Either party may terminate this Agreement on delivery of seven (7) days' prior written notice to the other party.

13.4 For the avoidance of doubt, you shall not be entitled to any revenue share in respect of revenues generated by Customers following the termination of this Agreement.  

14. CONSEQUENCES OF TERMINATION

 

14.1 Except as set out in clause 14.3 below termination of this Agreement shall be without prejudice to any rights or obligations which shall have accrued prior to termination.

 

14.2 On termination of this Agreement all licences granted by BETDAQ to the Affiliate pursuant to this Agreement will immediately terminate.

 

14.3 If BETDAQ terminates this Agreement under clause 14.2 the Affiliate will not be entitled to receive any further payments pursuant to clause 4 following such termination.

 

 

15. ASSIGNMENT AND SUB-CONTRACTING

 

15.1 You will not assign, novate, declare a trust of or otherwise dispose of this Agreement, or any part thereof, without the prior written approval of BETDAQ.

 

15.2 BETDAQ may assign or sub-contract any of its rights and obligations under this Agreement to another company within its Group at any time on giving notice to you.


 

 

16. ENTIRE AGREEMENT

 

This Agreement constitutes the entire and only Agreement between the parties with regards to its subject matter and the parties confirm that they have not been induced to enter into this Agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, Agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this Agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.

 

 

17. NO PARTNERSHIP

 

Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall constitute, or be deemed to constitute, the parties as a partnership, association, joint venture or other co-operative entity.

 

 

18. WAIVER & VARIATIONS

 

18.1 No breach of any provision of this Agreement shall be waived or discharged except with the express written consent of the parties.

 

18.2 No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

 

We may modify all or any part of this Agreement at any time. We will give you 30 days notice of any such changes. If you do not agree to the changes you may serve notice to terminate this agreement under clause 13.1 before the changes take effect and such changes will not apply for the duration of the notice period set out in clause 13.1. If you fail to terminate this Agreement and continue to participate in the Affiliate Programme you will be deemed to have accepted the changes made under this clause. The latest modified date of these terms and conditions will be displayed at the bottom of this Agreement.


 

 

19. NOTICES

 

19.1 Notices and communications from BETDAQ will be made by email to the address provided by you on your application to join the Affiliate Programme.

 

19.2 You should send all notices and communications to the following email address, affiliates@betdaq.com

 

19.3 Notices and communications will be deemed received 4 hours after being sent provided that if such notice would then be deemed to have been received outside the hours of 08:30 to 17:30 (Irish time) it will be deemed to have been received at 08:30 on the next Business Day.


 

 

20. THIRD PARTY RIGHTS

 

20.1 Except for any company within the Ladbrokes Group no third party may enforce any rights granted to it under this Agreement.

 

20.2 The rights of the Parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement is not subject to the consent of any person that is not a party to this Agreement.

 

 

21. FURTHER ASSURANCE

 

Each party shall, upon request from the other, do and execute, or procure that there shall be done and executed, all such documents, deeds, matters, acts or things as that other may at any time require to give it the full benefit of this Agreement.

 

 

22. GOVERNING LAW AND JURISDICTION

 

22.1 This Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation) shall be governed by and construed in accordance with Irish law and the parties hereby irrevocably submit to the jurisdiction of the courts of Ireland.

 

In witness of which the duly authorised represented of the parties have executed this Agreement on the date first above written


 

 

 

SCHEDULE 1

 

We offer a Revenue Share Plan across our product range of Betting Exchange, Multiples and GAMES.

 

 

 

Revenue Share Plan

 

  MONTHLY SHARE OF NET REVENUE
SILVER 25%
GOLD 30%
PLATINUM 35%

 

 

Monthly Net Revenue

 

Your Revenue Share Commission banding is dependent on the revenue generated in the particular calendar month being measured and is cumulative across the product range. Revenue generated in a currency other than Euro will be converted at the month end closing rate. By default all affiliates are initially placed in the SILVER band.

 

  TOTAL MONTHLY NET REVENUE
SILVER €0-€5,000
GOLD €5,000 - €10,000
PLATINUM €10,000+

 

Terms & Conditions modified: 23/09/2014


Affiliate Marketing Guidance

1.1 Overview

The purpose of this document is to provide the key marketing regulations and guidance from the associated regulatory bodies, for affiliates marketing on behalf of LC International Limited. In addition, it will also highlight their responsibilities as affiliates to which they are contractually obliged.

2 Licensing Objectives

2.1 Principles based Approach Overview

BETDAQ abides by the overarching principles as set out by the Gambling Commission. These principles are known as the licensing objectives as set out below:


• Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime

• Ensuring that gambling is conducted in a fair and open way

• Protecting children and other vulnerable persons from being harmed or exploited by gambling

Whilst there is an obligation by licences to adhere to the regulations, there is also an obligation to act in the spirit of the three licensing objectives at all times.

This approach is applied when considering reporting obligations to all regulatory authorities.

It is prudent to remember that although the responsibility of abiding to these regulations lies with the licensee (LC International Limited), all affiliates are contractually obliged to adhere to these overarching principles, in addition to the regulations/guidance, and consideration should be given to these when creating, and/or publishing any marketing material.

3 Regulators and associated responsible bodies

3.1 Regulators

The following entities are responsible for providing the regulations and associated guidelines to which all marketing must comply:

• United Kingdom Gambling Commission (UKGC)
• Advertising Standards Authority (ASA)
• Information Commissioners Office (ICO)

3.2 Gambling Commission 

The regulations from the Gambling Commission in relation to advertising are relatively limited, however these are not voluntary codes, and we must abide to these in all advertisements:


• The receipt nor the value or amount of the promotion is:

  • Dependent on the customer gambling for a pre-determined length of time or with a pre-determined frequency; or
  • Altered or increased if the qualifying activity or spend is reached within a shorter time than the whole period over which the benefit is offered.
  • If the value of the benefit increases with the amount the customer spends it does so at a rate no greater than that at which the amount spent increases; and further that:
  • If the benefit comprises free or subsidised travel or accommodation which facilitates the customer’s attendance at particular licensed premises the terms on which it is offered are not directly related to the level of the customer’s prospective gambling.


• Licensees must satisfy themselves that their marketing communications, advertisements, and invitations to purchase (within the meaning of the Consumer Protection from Unfair Trading Regulations 2008), including ‘free bet’ offers, do not amount to or involve misleading actions or misleading omissions within the meaning of those Regulations.

• Licensees must abide by any relevant provision of the CAP (UK Code for Non-broadcast and Direct & Promotional Marketing) or BCAP code (UK Code of Broadcast Advertising), as the case may be, which relates to ‘free bet’, ‘bonus’ or similar offers and in that regard follow the CAP and BCAP ‘Guidance on the rules for gambling advertisements’. In particular that:

  • Marketing communications (which include advertisements) must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. 
  • Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion. 
  • Terms and conditions relating to consumers’ understanding of a ‘free bet’ offer and of the commitments that they have to make in order to take advantage of such an offer should generally be stated in the advertisement itself. Where the advertisement is limited by time or space (for example a banner advertisement), significant conditions likely to affect a consumer’s decision to participate in promotions should be displayed no further than one click away from the advertisement itself. If the significant conditions are not displayed with sufficient prominence, the advertisement will be seen as misleading. 


• The terms and conditions of each marketing incentive must be made available for the full duration of the promotion.

3.3 Advertising Standards Authority 

The Advertising Standards Authority (ASA) are the body responsible for publishing all marketing guidance for all industries, and also deal with complaints made against adverts. Only the key points from the guidance are included below, however links to the full guidance documents are also provided:

• Marketing communications must not materially mislead or be likely to do so.
• Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
• Marketing communications must not materially mislead by omitting the identity of the marketer.
• Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
• Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
• Marketing communications must not claim that products can facilitate winning in games of chance.
• Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer.
• Marketing communications must not:

  • portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm
  • exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons
  • suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression
  • suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security
  • portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments
  • suggest that gambling can enhance personal qualities, for example, that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration
  • suggest peer pressure to gamble nor disparage abstention
  • link gambling to seduction, sexual success or enhanced attractiveness
  • portray gambling in a context of toughness or link it to resilience or recklessness
  • suggest gambling is a rite of passage
  • suggest that solitary gambling is preferable to social gambling
  • be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture
  • be directed at those aged below 18 years (or 16 years for football pools, equal-chance gaming [under a prize gaming permit or at a licensed family entertainment centre], prize gaming [at a non-licensed family entertainment centre or at a travelling fair] or Category D gaming machines) through the selection of media or context in which they appear
  • include a child or a young person. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role. No-one may behave in an adolescent, juvenile or loutish way.
  • exploit cultural beliefs or traditions about gambling or luck
  • condone or encourage criminal or anti-social behaviour
  • condone or feature gambling in a working environment. An exception exists for licensed gambling premises.

 

4 Key things to consider and contractual responsibilities 

4.1 Do’s and don’ts

Do’s
• Observe the law/guidelines in local jurisdictions where facilities may be accessed. In particular, adverts must not be: (1) indecent, pornographic or offensive; (2) false, deceptive or misleading; (3) intended to appeal specifically to persons under the minimum permitted age; or (4) in breach of copyright laws
• Include factually correct information (instead of false or misleading information), particularly with regard to customer winnings.
• Carry an age restriction warning
• Clearly display T&CS applicable to promotional activities, inc. start and end dates
• Have an unsubscribe, or opt out, facility (for Email, SMS and bonus advertisements)
• Flag immediately to Compliance/Legal if you become aware of any affiliate and/or third party providing marketing services behaving in a manner that contravenes the RTOS or other advertising requirements
• Ensure increases to the value of the benefit are in line with the spend
• Ensure that free or subsidised travel and accommodation is proportionate to level of customers’ prospective gambling
• Ensure that offers are proportionate to customers’ level of gambling
• Ensure that offers clearly states key limitations and qualifications (and these must not be contradicted in the terms and conditions).
• Ensure that key terms are prominent and contain a link to the full promotion T&Cs
• Ensure that free bet terms are clear, including prominent terms, such as time limitations
• Ensure that adverts are socially responsible
• Ensure that T&Cs available for duration of promotion
• Ensure that promotions are not unfair or misleading


Dont’s
• Don’t make offers dependent /altered upon a customer gambling for a pre-determined length of time or frequency.
• Don’t include a child or young person in promotions. No under 25s to be featured gambling nor persons who appear under 25. Do not include childish or loutish behaviour
• Don’t put promotions on Responsible Gambling pages
• Don’t make offers dependent /altered upon a customer gambling for a pre-determined length of time or frequency.
• Don’t put promotions on Responsible Gambling pages

5 Significant conditions 

5.1 What are ‘significant conditions’?

Significant conditions are those likely to influence a customer’s decision on whether or not to accept the offer

5.2 Where should significant conditions be located?

Significant conditions must be included in the main body of the promotional text or image, and cannot simply be hidden within the terms and conditions of the promotion

5.3 Examples of significant conditions 

A non-exhaustive list of significant conditions is included below for your reference:

• Winnings Paid in Free Bets
• Valid from/to dates/times (where appropriate)
• New Customers only – where not obvious in promotion name
• In Bonus Funds/Matched bonus/In Free bets
• Terms Apply of T & C’s Apply
• Free bets credited as 4x£5
• Minimum (xx) x wagering requirements on selected games
• Max total bonus bet £xx
• Single bets only
• One bonus per player
• Free bet stake not returned
• Minimum deposit £xxx or Minimum stake £xxx
• First/second/third deposit only
• Offer available until… (where appropriate)
• Bonus/Free Bet valid for (x) days
• Any minimum odds required

As explained in section 5.1, consideration should be given to the overarching principle of a significant term when deciding what should be included.

 

6 Examples

Below are several examples of non-compliant affiliate advertising campaigns which we have either seen online, or have received complaints about from the ASA of UKGC:


• Fake News Articles


• Twitter – sexualising gambling

https://twitter.com/BabesAndBets

• Image not including significant terms



7 Social media 

The ASA have recently published additional guidance in relation to age-gating marketing material. This is especially prevalent on social media, whereby additional focus must be given. Not only are you required to block posts from being seen by those users who register with a date of birth under the age of 18, you will now also have to give consideration to other factors such as groups associated with underage persons.

All of the aforementioned guidance is applicable across all mediums including social media.

8 Affiliate responsibilities and contractual obligations 

8.1 Compliance with licence conditions and codes of practice

As a gambling licence holder, BETDAQ must comply with the Gambling Commission’s licence conditions and codes of practice (LCCP). These impose certain requirements on BETDAQ with regards to contracts with affiliates. In particular BETDAQ must ensure that our contracts with affiliates:

  • Require the affiliate to conduct themselves as if they were bound by the same LCCPs as BETDAQ; 
  • Oblige the affiliate to provide any information BETDAQ reasonably requires to enable BETDAQ to comply with our reporting and other obligations owed to the Gambling Commission; and
  • Enable BETDAQ to terminate the affiliate’s contract promptly if the affiliate is in breach of contract or they have acted in a way which is inconsistent with the licensing objectives (as set out above at 2.1) or the affiliate is in breach of a relevant advertising code of practice (the provisions of which are set out above at 3.2 to 3.3) .


These provisions are covered off in the BETDAQ affiliate terms and conditions – which is part of the reasoning behind our preference to have these as the governing terms of our contracts with affiliates as opposed to the affiliates’ own terms.

Breach of these obligations is taken extremely seriously by BETDAQ. Affiliate contracts may be terminated in such circumstances.

8.2 Electronic communications 

Unless expressly approved by the BETDAQ Legal team in writing, affiliates are not permitted to distribute any BETDAQ marketing materials by way of:

  1. SMS or text message; 
  2. email; or
  3. a mobile ‘pop over’ or ‘mobile pop under’ which automatically redirects the recipient to a BETDAQ product.


In order for an affiliate to be approved to send such electronic marketing communications, the BETDAQ electronic marketing questionnaire must be completed in advance by the affiliate to the satisfaction of the BETDAQ Legal team (approval is to be communicated in writing).

Following approval by the BETDAQ Legal team, we must ensure the following in relation to any electronic marketing communication that an affiliate is to conduct on BETDAQ’s behalf:

  1. the name of the affiliate shall appear in the electronic communication “From” line as the sender of the communication with a sender address unconnected with any BETDAQ brand name; 
  2. a reference to any BETDAQ brand name shall not be included in the subject header on any electronic communication;
  3. the name of the affiliate and/or the affiliate’s logo shall be shown in the header and footer of any electronic communication disseminated by affiliate the so that recipients may know that the affiliate is sending the communication and not BETDAQ;
  4. each and every electronic communication sent by the affiliate shall include an “unsubscribe”’ option, such unsubscribe facility being linked solely to the affiliate (with no link to any BETDAQ brand website or name;
  5. the recipient of the electronic communication shall not be charged a premium for using the “unsubscribe” facility by the affiliate;
  6. the “unsubscribe” facility shall at all times remain fully functioning and operational;
  7. any reference to a bonus incentive in any electronic communication sent by the affiliate shall indicate by a link or a footnote that “T&Cs apply” to such bonus incentive arrangement;
  8. the recipients of any electronic communication disseminated shall be comprised solely of recipients listed on an ‘opt in’ database (i.e. such individuals must have provided their express consent to the affiliate to receive marketing and advertising electronic communications from a third party gambling operator such as BETDAQ );
  9. the affiliate shall immediately remove from its ‘opt-in’ database any recipient who notifies the affiliate that they no longer wish to receive marketing communications from the affiliate (whether through the “unsubscribe” facility or otherwise); 
  10. the affiliate shall not send any electronic communication to any recipient who has notified the affiliate that they no longer wish to receive marketing communications from the affiliate (whether through the “unsubscribe” facility or otherwise); and
  11. upon BETDAQ ’s request, the affiliate will co-operate with BETDAQ in good faith and in a timely manner to carry out any data scrubbing exercises against BETDAQ ’s ‘unsubscribe’ lists whether directly or via a third party.



9 Updates

It is worth noting that this document will be updated at least annually, and in line with any regulatory developments. Additional guidance will be provided when the General Data Protection Regulation comes into force in May 2018.