Marketing Guidelines - Entain Partners

[Jambo]

This very interesting email we just received from Entain. Interesting is the last part about the Offshore Sites.

Dear Partner,

This guidance is an essential notice of the responsibilities of marketers in the affiliate business. The goal is to remind our partners, who share the responsibility for following regulatory codes, that there is accountability for publishing uncompliant material.
This advice is given by the Entain Group on non-broadcast advertising. It does not constitute legal advice.

As a Betting & Gaming Council member, Entain actively supports the Industry Group for Responsible Gambling (IGRG) standards. Additionally, we are obliged to abide by the IGRG's Code for Socially Responsible Advertising as part of the Great Britain Gambling Commission's licensing conditions.

We ask that you please familiarise yourself with the IGRG Code (accessible via the IGRG website). Would you please pay particular attention to the provisions of the Code, which relate to affiliates, found in paragraphs 61 and 62.

You should be aware that per the Code, we must:

(i) ensure that all affiliates are subject to due diligence and Politically Exposed Persons(PEPS)/sanctions checks. Know Your Customer (KYC) checks should also be conducted wherever relevant.

(ii) require all affiliates to comply with all relevant regulatory and legislative requirements, including Committee of Advertising Practice (CAP)'s guidance on ensuring advertisements are identifiable as such. To promote consistency, all relevant affiliate ads should be clearly and prominently marked '#ad' at a minimum.

(iii) require relevant affiliates to share safer gambling-related content regularly, with frequency to be pre-determined. Each operator with whom that affiliate has an agreement. The Entain Partners Terms and Conditions (Agreement) ensure that our contractual relationship with affiliates allows us to fulfil our obligations under the Code. We remind you that any breach of the terms and conditions will result in your affiliate account being closed immediately.

It's important to remember that affiliate marketing falls within the scope of the CAP Code, meaning all the relevant rules apply to the content. In sum, content should not, amongst other things, be misleading, appeal to children or young persons, nor cause serious or widespread offence.

Note on direct marketing restrictions

We should like to remind you of clauses 5.20 to 5.22 of the Agreement entitled "Marketing to Users", specifically the explicit prohibition on direct marketing that contains any links or brand material. These include but are not limited to; email, SMS, or push messages without our consent as set out in clause 5.20.

If we expressly authorise you to send direct marketing, you may only do so under clause 5.21 and the data protection provisions contained in Schedule 1 of the Agreement.

In the event of a breach of the above clauses or any term of the Agreement, we remind you of our right to terminate with immediate effect under clause 14.4 and the consequences of termination under clause 15.

Reminder about Off-Shore operators

You must under no circumstances promote US unlicensed sportsbooks or online gambling operators that accept wagers from US players, regardless of the territory these are being promoted in.

The New Jersey regulator states - failure to comply with regulation and promoting brands deemed illegal in the State and across the US might result in legal action for operators and affiliates. We strongly recommend that you verify that the operator is licensed to operate in the US before engaging in said operator's marketing efforts.

We trust you understand that protecting regulatory integrity is critical for our business licensing requirements. Equally, we count on your adherence to best practices by ensuring all marketing content is in line with advertising rules.



Kindest Regards,
Entainpartners Team

[Fortune Palace]

Are they saying you can't promote US operators on the same site that you promote their brands?

[Jambo]

yes, it seems so. I am also surprised

[PROFRBcom]

Show them the WTO ruling that says online gambling is legal and the US lost its case to exclude other countries.

[Jambo]

Show them the WTO ruling that says online gambling is legal and the US lost its case to exclude other countries.

Did I miss something? Can you give me more information?

[wonderpunter]

Show them the WTO ruling that says online gambling is legal and the US lost its case to exclude other countries.

It's just the accepting money part for gambling lol

[PROFRBcom]

The US is the main member of the WTO.

A&B sued them RE: Online Gambling.

USA lost and was ordered to pay damages.

USA continues to stonewall the decision many years later.

It is all bullshit.

[Vargoso]

All sites operating in the US have long time began asking for this, PokerStars, partypoker, 888, etc.. Same bullshit for Spanish market (this seems to be even worst). Some enforce it, some others no. I recommend to check individually with affi manager.

[oncasilab]

The above information is very interesting because marketing is always required when starting an affiliate business.

[baldidiot]

Are they saying you can't promote US operators on the same site that you promote their brands?

Some say that you can't promote offshore US facing brands at all, regardless of the site - ie: if you have a UK site promoting Coral and a US site promoting Bodog you're going to get into trouble if they figure it out.

[mickyfu]

"(iii) require relevant affiliates to share safer gambling-related content regularly, with frequency to be pre-determined. Each operator with whom that affiliate has an agreement. "

LOL they are now dictating what affiliates write about on their sites now. I will give it months before people are complaining that their accounts were closed as they were not making enough "Safer Gambling" content. Anyone promoting these vile thieving cretins deserve what is coming to them.

[Jambo]

Everything has changed so much in the last few years. Something like that would have been unthinkable 5 years ago. Today you only get told what you can and can't do.

[Pokerface]

Unfortunately there are now many programs that are doing the same in regards to US brands.