Terms for Affiliates on Gambling Marketing and Advertising in the Netherlands

Version 1.0

Effective date: 3 October 2023

1. Introduction

1.1 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, and You acting as an Affiliate, following the launch of the regulated iGaming market in the Netherlands.

1.2 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“).

1.3 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.

1.4 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.

1.5 Except as expressly added and/or amended by this addendum, the terms and conditions of the Agreement shall remain unchanged and in full force and effect.

2. Additional Definitions

Framework
The marketing and advertising guidelines and legislation, as amended from time to time, in the Netherlands. These include: (i)the Remote Gambling Decree (RGD); (ii) the Remote Gambling Regulation (RGR); (iii) The Decree Recruitment, Advertising & Addiction Prevention (DRAAP); (iv) the Regulation of Recruitment, Advertising & Addiction Prevention (RRAAP); (v) The Remote Gambling Policy Rule (RGPR); (vi) The Responsible Gambling Policy Rule (RGPR2); (vii) The Dutch media Act of 2008 The Betting and Gambling Act (BGA); (viii) KSA Guidance on Ban on Untargeted Advertising.

KSA
The Kansspelautoriteit which is the independent administrative body and the supervisor and regulator of gambling services in the Netherlands.

Dutch Player(s)
Users of the Dutch Websites physically located in the Netherlands.

Dutch Websites
http://www.leovegas.nl, and any other website run by Us directed to Dutch Players.

3. Scope of Application and General Objectives

3.1 The Terms will be applicable to the marketing, advertising, promotional and referral activities aimed towards Dutch Players and/or in relation to the Dutch Websites.

3.2 By engaging in marketing activity on behalf of LeoVegas Mobile Gaming Group, You agree that all activities undertaken will uphold the highest compliance and ethical standards:

1. to ensure that regulation of the gaming sector is carried out in the public interest;
2. to ensure that gaming is conducted in a fair, safe and transparent manner;
3. to ensure that the interests of minors and other vulnerable persons are adequately safeguarded; and
4. to promote the development of a sustainable gaming sector and economic growth.

4. Affiliate Compliance Obligations

4.1 When marketing, advertising, or promoting any Dutch Website or any of its corresponding Products, You must comply with all advertising guidelines and legislation, including the Framework and any relevant guidance that the KSA may issue from time to time.

4.2 For the avoidance of doubt, the Framework is solely for indicative and informative purposes and shall not, under any circumstances, be construed as advice provided by LeoVegas as to Your binding obligations, nor shall We be held responsible for the accuracy or completeness of its contents.

4.3. To enable the Netherlands Gambling Authority, or any other regulatory authority, to carry out its statutory duties, You shall, when requested by such regulatory authorities, provide the Netherlands Gambling Authority, or any other regulatory authority with any and all necessary information, and in particular, You shall cooperate with and deliver to Us all necessary data in order for Us to comply with any reporting obligations imposed by Dutch laws and regulations and/or requests or orders from the Netherlands Gambling Authority, or any other regulatory authority.

4.4 You shall ensure that You perform Your tasks, activities and obligations under this Agreement in a manner which enables You to continuously comply with the Dutch Betting and Gambling Act (Wet op de Kansspelen), the Dutch AML Act (Wet ter voorkoming van witwassen en financieren van terrorisme) and the Sanctions Act 1977 (Sanctiewet 1977), and that enable LeoVegas to comply with any other instruction(s) from the Netherlands Gambling Authority in relation to any of the services provided by You to LeoVegas under this Agreement.

4.5 You shall enable the Netherlands Gambling Authority or any other regulatory authority to perform an on-site investigation at Your premises or arrange for such an on-site investigation to take place, for the purposes of ensuring compliance with the Dutch Betting and Gambling Act (Wet op de Kansspelen), the Dutch AML Act (Wet ter voorkoming van witwassen en financieren van terrorisme) and the Sanctions Act 1977 (Sanctiewet 1977).

4.5.1 In accordance with Clause 3.5, You shall inform Us immediately in writing of any requests for an on-site investigation from the Netherlands Gambling Authority or any other regulatory authority; and

4.5.2 You shall provide full and unlimited cooperation in the event of an on-site investigation, both with regards to requests and instructions from LeoVegas as well as requests and/or instructions from the Netherlands Gambling Authority or any other regulatory authority.

4.6 You shall always make clear to visitors of the Affiliate Website(s) that: (i) LeoVegas is the license holder for offering remote games of chance; (ii) You perform tasks and activities on behalf of LeoVegas and (iii) LeoVegas is responsible for the remote games of chance on offer.

4.7 Any agreement with third party service providers which You may engage as part of the provision of services under this Agreement applicable to Dutch Players shall contain similar terms as the Terms contained herein.

5. Advertising Opt-in/Opt-out Option

5.1 The option to opt/in and opt-out from receiving any marketing or advertising materials shall be available to all Affiliate Website(s) visitors from the first visit and displayed on every webpage thereafter. The option to opt-in/opt-out shall first be included in the Affiliate's Website(s) upon the visitor’s initial visit through cookie notifications with a link to the related setting option, as instructed in the ‘General Data Protection Regulation’ and described on government.nl.

5.2 You shall also provide to all visitors the option to filter out advertisements following the visitor’s first visit to the Affiliate’s Website(s) by prominently displaying an opt-in and opt-out feature:

1. In the footer of the Affiliate’s website, site-wide. This means that the option to opt in or out of advertisements shall be clearly displayed on all pages, allowing the Customer to opt-in or out at any time; and

2. On the Affiliate’s Responsible Gambling dedicated webpage.

6. Website Age Verification

6.1 You shall take all reasonable measures to prevent minors, young adults and other vulnerable groups from receiving any advertisement or marketing materials. One such way to achieve this is by enabling an age-wall banner. You shall display a banner, which cannot be bypassed, for all visitors upon entering the Affiliate Website(s) which will require the visitor to confirm their age.

7. Age Gate and Reporting

7.1 You shall ensure that 95 per cent of the individuals reached by any recruiting or advertising activity have reached the age of 24 years old. You shall regularly evidence compliance with this requirement by utilising Google Analytics to demonstrate the effectiveness of this requirement as it is currently considered the best available method by the gambling regulator (Kansspelautoriteit) indicated in the “Orca Decree”, published in the Official Gazette of the Netherlands.

7.2 If You wish to add to the data provided by Google Analytics or use an alternative tool, You shall first seek prior written from Us.

7.3 No later than the third calendar day of each month, You shall submit your monthly Google Analytics results via the Google Form that is provided on the NetRefer platform or which can be requested by the applicable LeoVegas affiliate manager.

7.4 If You fail to comply with the above requirements, We shall have the right to withhold payment and/or terminate the contractual relationship with immediate effect.

8. Responsible Gaming

8.1 You shall ensure that the minimum age for participation in a game of chance is displayed at all times in a manner that is clearly visible to the Affiliate Website(s)’ visitors by posting a “18+” logo. Further, You will display on all banners, marketing, advertising and promotional material the following slogan in both Dutch and English: “Wat kost gokken jou? Stop op tijd. 18+”/ What does gambling cost you? Stop in time, 18+”. Notwithstanding the foregoing, LeoVegas may, at any time, in its sole discretion, request additional or alternative verbiage be displayed and You shall promptly comply with all such requests.

8.2 You shall ensure that all of Your Responsible Gaming webpages are neutral, containing no form of advertisement whatsoever or links to Product(s).

9. Termination Rights

9.1 Upon termination of this Agreement, independent of the grounds for termination, LeoVegas may offer services and products similar to the services and products offered under this Agreement by You by itself or can have them performed by another third party.

9.2 You shall, upon LeoVegas’ first request, provide all necessary cooperation for the transfer of all services and products performed under this Agreement, as applicable.

10. Our Rights and Remedies

10.1 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, You shall be liable to Us in accordance with Clause 10 of the Agreement.