Terms for Affiliates on Italian Gambling Advertising Regulation

Version 1.3

Effective date: 21st October 2021

Any capitalised terms used which are not defined herein shall have the same meaning as assigned to them in the Agreement.

1. Introduction

The following terms (the “Terms“) are an addendum to the Leo Vegas Affiliate Partner Terms and Conditions (the “Agreement”) in place between GAMETECH MARKETING LIMITED, a company that forms part of the Leovegas Mobile Gaming Group, (“ GAMETECH MARKETING LIMITED “, “we“, “us“, “our“) and you acting as an affiliate (the “Affiliate“) which regulates the relationship with the Affiliate, following Article 7 of the Legislative Decree no. 158/2012 converted into Law no. 189/2012 (the “Balduzzi Decree”), Article 9 of the Law Decree 12 July 2018, No. 87 as converted into Law no. 96/2018 (the “Dignity Decree“) and the guidelines issued by the Italian Communications Authority, with Decision 132/19/CONS dated 26 April 2019 (the “AGCOM Guidelines“) and any other relevant Italian gambling regulator Agenzia delle Dogane e dei Monopoli (the “ADM”) implementation provisions, all collectively defined as “Italian Gambling Advertising Regulation”. The Terms are performed pursuant to introductory paragraph of the Agreement according to which the Affiliate agreed to be bound by the most current version of the Agreement. The Affiliate shall read the Terms 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

These Terms 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 under the Agreement, following the Effective Date, the Affiliate agrees to be bound by the Terms.
The Terms will be applicable to the activities conducted towards Italian resident users and/or in relation to www.leovegas.it and any other site run by Us directed to Italian resident users (the “Italian Sites”). Except as expressly added and/or amended by this addendum, the terms and conditions of the Agreement shall remain in full force and effect, and therefore, the Affiliate shall continue to be bound by it.
In case of discrepancies between the Agreement and the Terms, the latter shall prevail with reference to the Italian Sites
I the Affiliate does not accept to be bound by the Terms, then it shall immediately cease any activity subject to the Agreement and it is its responsibility to terminate them in accordance with the modalities provided therein.

3. Affiliates’ obligations
3.1 Affiliates’ information services

It is the Affiliate’s obligation to act in compliance with the applicable rules, conducting information services on Us and on our services, ensuring that any information it provides to the public in the performance of the Agreement with reference to the Italian Sites is a message exclusively aimed at informing users about the products and services offered by Us without any form of promotional emphasis as well as comparing our services, products or offers with others gambling licensees in Italy as mentioned under 3.2.
It is the Affiliate’s obligation to provide its informative services in compliance with the principles of continence, non-deceptiveness and transparency stated by the Italian Gambling Advertising Regulation.
On the contrary, it is prohibited, and the Affiliate should not perform any advertising or promotional/commercial communication, which by way of example 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).
Specifically, it is expressly prohibited to use 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” / “Deposit now and do not miss the opportunity“, “Gioca ora / Play Now”, “Gioca / Play”.

These messages shall be replaced with “Per saperne di più” / “For more information“, “Info offerta” / “Information on the offer“, “Informazioni sulle quote” / “Information on the odds“, “Continua” / “Continue” and “Più informazioni” / “More information”.

Should You be allowed to amend or modify the contents or the Approved Material, You undertake to carry on and declare to have knowledge that any creativity in the design or content must be the most neutral and drawn up with informational purposes. The Affiliate is not authorized to conduct promotional campaigns or to promote paid advertising with keywords or other material relating to the Italian Sites on any Internet search tools (e.g. purchase of cd. back link on Google; etc.).
Should the Affiliate promote and/or advertise others activities that are not gambling, these services shall not in any event and in whatsoever manner be an indirect advertising of the Italian Sites and shall be independent from advertisements of the Italian Sites.

3.2 Comparison of sporting odds and commercial offers

Odds and commercial offers (e.g.: bonuses, jackpots and features of the games) on the Italian Sites) shall be put in comparison with other ADM gambling licensees in Italy only and shall be provided to users and Affiliate’s websites visitors through an informative (and not promotional/commercial) communication without any form of promotional emphasis.

For example the following types of claim are allowed since they are put in comparison with other gambling licensees’ 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 our banners related to odds and commercial offers without mentioning competitors’ odds and commercial offers, the banners shall not contain a claim of superiority compared to the rest of the market if that is not supported by evidentiary data. (For example “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 comparison shall be displayed with a neutral language without any call to action/incitement to gamble or sense of urgency.
Affiliates are prohibited to associate Our brands and/or the Italian Sites with those of operators that accept Italian players while not holding an Italian license granted by ADM.
Also, it is the Affiliate’s obligation to provide its comparison services in compliance with the principles of continence, non-deceptiveness and transparency.

3.3 Display of logos

The Affiliate is allowed to show the URL and domain names of the Italian Site for informational and comparison purposes only, where strictly identifying Us as ADM licensee and our gambling activity on the Italian Sites, consistently with par 3.1 and 3.2 of these Terms.

3.4 Retention activities

The communication of information and comparison services 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 advertising, promotional/commercial communications is prohibited.
The Affiliate shall not ask users to receive marketing communications. It is however possible for the users to voluntarily subscribe to a service relating to the provision of information and comparison services 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 subscribed to the service of updating odds and commercial offers of gambling operators affiliated to Us”.

4. Our Rights and Remedies

In case of breach of the obligations set out in these Terms and/or your negligence in performing the activities in accordance with the Terms, or failure to, in any way, meet your obligations hereunder, the remedies are those set out in Clause 9.4 of the Agreement.