Terms for Affiliates on Gambling Marketing and Advertising in Germany
Version 1.0
Effective date: 13th February 2024
1. Introduction
- These additional terms (the “Terms“) are an addendum to the LeoVegas Affiliate Partner Terms and Conditions between Gametech Marketing Limited, a LeoVegas Mobile Gaming Group company (“LeoVegas”), and You acting as an Affiliate, for the promotion of Our website(s) in Germany.
- These Terms will take effect and will be binding from the date of their publication on the website https://www.leovegasaffiliates.com/terms-and-conditions, or any other website as may be directed by Us (the “Effective Date“).
- By registering or continuing to operate with the Affiliate Program and/or perform the activities under the Agreement, following the Effective Date, You agree to be bound by the Terms and all guidelines and/or policies provided to you by the Group from time to time. If You do not accept these Terms, You shall immediately cease any activity subject to the Agreement and You shall deliver a notice of termination in accordance with the modalities provided therein.
- Any capitalised terms used which are not defined herein shall have the same meaning ascribed to them in the Agreement. In case of conflict or inconsistency between the Agreement and these Terms, these Terms shall prevail.
- Except as expressly added and/or amended by these Terms, the terms and conditions of the Agreement shall remain unchanged and in full force and effect.
2. Additional Definitions
Advertising
Any statement made in the course of carrying on a trade, craft or profession with the aim of promoting the sale of goods or the provision of services, or any other statement that directly or indirectly encourages or incites participation in gambling.
German Player(s)
Users of the German Websites physically located in Germany.
German Website(s)
https://www.leovegas.de, and any other website run by Us directed to German Players.
3. Scope of Application and General Objectives
- These Terms will be applicable to the marketing, Advertising, promotional and referral activities aimed towards German Player(s) and/or in relation to the German Website(s).
- By engaging in marketing activity on behalf of LeoVegas, You agree that all activities undertaken will uphold the highest compliance and ethical standards:
- to ensure that regulation of the gaming sector is carried out in the public interest;
- to ensure that gaming is conducted in a fair, safe and transparent manner;
- to ensure that the interests of minors and other vulnerable persons are adequately safeguarded; and
- to promote the development of a sustainable gaming sector and economic growth.
4. Affiliate Compliance Obligations
- When marketing, Advertising, or promoting any German Website(s) aimed towards German Player(s), You shall comply with all Advertising guidelines and legislation for the term of the Agreement, including but not limited to the Interstate Treaty on Gambling 2021 (Glücksspielstaatsvertrag, GlüStV).
- All commercial communications shall not:
- Address consumers in an inappropriate manner. In particular, mental or physical weaknesses, age, lack of business acumen, gullibility or financial or social predicaments shall not be exploited;
- Be excessive, untrue or misleading, in particular concerning the size and probability of winnings and the terms and conditions of participation. Marketing and Advertising activities should always be socially responsible;
- Must not address minors, comparably vulnerable target groups or excluded German Player(s);
- Make gambling appear to be a commodity of daily life;
- Make the abandonment of gambling appear disparaging;
- Suggest that problematic gambling behavior can be ruled out by reference to specific gambling, offerings or especially small stakes;
- Contain representations and claims that are capable of imparting problematic gambling behavior and in particular gambling behavior that is excessive from a financial or social point of view, or that are capable of inciting such behavior or of making such behaviour appear acceptable;
- Emphasize the benefits of gambling in an exclusive and unilateral manner;
- Describe the abandonment of gambling as derogatory or convey that participation in gambling promotes one’s own social success in particular that it contributes towards improving an individual’s reputation or personal attractiveness;
- Encourage the recoupment of losses or reinvesting winnings;
- Suggest that participation in gambling may be a reasonable strategy to improve one’s financial situation;
- Suggest that gambling can counter financial, social and/or psychosocial problems, in particular fear or loneliness;
- Present abstinence from gambling in a poor light;
- Present participation in gambling as an important part of an individual’s personal lifestyle, as a substitute for social encounters or as a solution to social problems;
- Promote or tacitly tolerate punishable, illegal or unlawful conduct or gambling;
- Entices the prospect of winnings.
- All commercial communications must display in clear size and form, in a way that a German Player(s) can understand, the following compulsory information:
- Advice about gambling addiction risks of the advertised games, prohibition of minors, and available (independent) advice and therapy;
- A responsible gaming message, such as "Glücksspiel kann süchtig machen! Spiele immer verantwortungsbewusst”, informing customers that gaming can be harmful if it is not controlled;
- A unique symbol “18+” shall be visible at all times, informing customers of the age requirements;
- Links to LeoSafePlay and independent counselling websites such as www.buwei.de;
- You may only provide links to and/or information on gambling offers from operators who are in possession of a corresponding permit in accordance with Interstate Treaty on Gambling 2021. Link to the Whitelist (approved operators in Germany, including LeoVegas);
- Link to the GGL's (Gemeinsame Glücksspielbehörde der Länder) website;
- All marketing communication (text, audio) must be in German;
- Reference to LeoVegas (company details: LVSports Limited, The Plaza Business Center, Bisazza Street, SLM 1640, Sliema Malta Company Number: C94854) and its status as a licensed operator (licence number and the date on which it was obtained (Erlaubnis für virtuelle Automatenspiele ausgestellt von der GGL (Gemeinsame Glücksspielbehörde der Länder) - Licence number: 208.1.1-12254-2021/48 ausgestellt am: 27/02/2023);
- Reference to the Terms and Conditions.
- The above information must be displayed as follows:
- In static advertisement (e.g., banners) on the banner itself; and
- In audio-visual content (e.g., a video) these legal lines may be inserted at the end.
- General Advertising Rules on the Internet/TV
- Advertisement must not be excessive;
- All text and audio must be in German;
- Any financial data must be displayed in Euro and cents;
- No mention of impermissible games (land-based, lottery, roulette, baccarat, scratch cards
- etc.) including visuals of impermissible games;
- No mention of stakes of more than 1 Euro;
- No use of the word “casino”, “casino games”
- When Advertising a specific slot game, special features of the respective game of chance may be highlighted;
- All advertisements must have visuals and text of legal lines;
- Reference to “White List” in Advertising.
- Virtual Slots Marketing Activity
- Any virtual slots marketing (affiliation marketing, TV, social media etc.) is allowed only between 9 p.m. and 6 a.m.;
- Only licensed (approved) games may be advertised;
- Telephone advertising is prohibited. Outbound calls are only permissible if prior explicit consent for outbound calls has been obtained from the customer within an existing contractual relationship with the licensed entity. These outbound calls, when permissible, shall be subject to the applicable marketing and advertising restrictions and it shall also be made clear to the customer that the purpose of the outbound call is related to the advertising of paid games;
- Virtual slots tournaments are allowed (only if participation is free).
- Native advertising (i.e., the mixing of advertising and editorial content) is prohibited. Advertisements (banners, text, audio-visual) on Your website must be recognisable as advertisements. This does not apply to editorial content created by You as an Affiliate, such as experience reports on comparison portals.
- When technically feasible, You should ensure that your profiles and pages on social media are restricted, so that they can only be accessed by those who declare they are over the legal age limit for gambling (age-gating).
- When German Player(s) visit Your website, a notice on Your remuneration in the event of a registration with LeoVegas and/or other gambling operators shall appear in a clear, easily perceptible form and size. The duration of the display of this notice must be such that an average user is able to fully perceive this information.
- You must provide LeoVegas with details of anywhere marketing is conducted on behalf of LeoVegas including but not limited to, URLs, landing pages and brand displays.
- To ensure compliant marketing, Advertising and promotions, You may only use materials either provided by LeoVegas via its Affiliate Programme or approved by LeoVegas’ affiliate team, and must not alter the appearance, design, and content of approved marketing collateral unless it obtains written authorisation from Us.
- Prior written approval from LeoVegas is mandatory for any engagement or collaboration with influencers.
- You must only promote the German Website(s) on Affiliate Website(s) which have been pre-approved in writing by LeoVegas. No other Affiliate Website(s) may be used to promote the German Website(s) without prior written consent, and any revenue generated by such unauthorised Affiliate Website(s) shall be retained by the Group.
- Prohibitions
- Advertising in teleshopping context;
- Infomercials;
- Advertisement including time-limits (e.g. to claim a prize, deposit);
- Advertising in public places (e.g. billboards, public transport vehicles);
- Umbrella brand advertisement;
- Advertisement including time-pressure (e.g. 24 hours to participate in a promotion and claim a reward);
- Advertising through gambling streamers; and
- Use of trigger marketing
5. Our Rights and Remedies
In case of breach of the obligations set out in these Terms and/or your negligence in performing any marketing, Advertising, or promotional activities in accordance with the Terms, or failure to, in any way, meet your obligations hereunder, You shall be liable to Us in accordance with Clause 10 of the Agreement.