Affiliate Marketing Policy
for marketing and advertising in Malta
Date: 2023/01/10
The defined termsin this Policy shall, unless set out in paragraph 1 below, have the meaningsgiven to them in the Partner Agreement (amended only to the extent necessaryfor use in the context of the applicable Affiliate Terms and Conditions).
1. Definitions:
"DataProtection Legislation" means EuropeanRegulation (EU) 2016/679 and Directive 2002/58/EC and any legislation and/orregulation implementing or made pursuant to them, or which amends, replaces,re-enacts or consolidates any of them, and all other applicable laws relatingto processing of personal data and privacy that may exist in any relevantjurisdiction;
"MIL"means Mobile Incorporated Limited, registered inMalta under company number C 84149 whose registered address is at EliteBusiness Centre, Treja ta' Box Box, Msida MSD 1840, Malta; Mobinc holdsfollowing license and certificate granting a right to provide gabling services:
- MaltaGaming Authority license on Gaming services number MGA/B2C/818/2020; AND
- Alcohol andGaming Commission of Ontario (AGCO) certificate of registration on onlinegambling services with number OPIG1241834.
"Self-ExcludedCustomer" means any individual that hasself-excluded from the Advertising Services (including via any overarchingnational self-exclusion scheme).
2. The Partneracknowledges and agrees that the Advertising Services are provided by MIL underits relevant gambling licences and/or approvals. Advertiser is the owner orlicensor of the brand under which the Licensed Services are operated, and isresponsible for the marketing and promotion of the Licensed Services.
3. The Partnershall not undertake any marketing or promotion of the Advertising Servicesunless and until the Advertiser has approved the websites on which the Partner intendsto market and promote the Advertising Services (such approved websites beingthe "Sites").
4. The Partnershall ensure that all marketing and promotion undertaken in respect of the AdvertisingServices by or on behalf of the Partner is undertaken in a socially responsiblemanner and in accordance with all legal and regulatory requirements, including:
a. the MaltaGaming Authority’s Commercial Communications Committee at: https://www.mga.org.mt/wp-content/uploads/Commercial-Communications-Committee-Guidelines-1.pdf;
b. allapplicable guidance published by the Malta Gaming Authority on the websiteaccessible at https://www.mga.org.mt/ from time to time in relation to the advertising and marketing ofgambling;
c. all consumerprotection laws; and
d. allapplicable laws and regulations related to gambling,
ineach case as updated, amended, replaced or superseded from time to time.
5. The Partnershall not place any links and/or use the Advertiser Brand alongside, inconjunction or in connection with, and shall ensure that the Partner Sites donot contain:
a. any illegal or inappropriate content (includingdefamatory content or content which could incite religious hatred or prejudiceon the basis of race, religion, gender, sexual orientation, age or disability);or
b. any content which may harm the reputation of MILand/or the Advertiser.
6. If the Partneruses any social media platform to market and promote the Advertising Services,the Partner shall (and shall procure from any third party that provides suchServices on behalf of the Partner that it shall) fully comply with such socialmedia platform’s terms and conditions (as may be updated from time to time).
7. Withoutprejudice to paragraphs 3 to 6 above, the Partner shall ensure that allmarketing and promotion undertaken in respect of the Advertising Services by oron behalf of the Partner is targeted at the Territory only (including byreference to the language in which it is available) and complies with suchwritten guidelines and/or other instructions as may be provided to the Partnerby Advertiser or MIL from time to time in relation to the marketing andpromotion for the Advertising Services.
8. The Partnershall immediately cease any marketing activities on request by Advertiserand/or MIL if Advertiser and/or MIL considers that such marketing activitiesare in breach of the Agreement.
9. The Partnershall:
a. conductitself, when performing its obligations and/or exercising its rights under theAgreement, as if it were bound by the same licence conditions and subject tothe same codes of practice as MIL;
b. provide suchinformation to Advertiser and/or MIL as Advertiser and/or MIL may reasonablyrequire in order to enable it to comply with its information reporting andother obligations owed to the MGA and/or any other relevant authority;
c. not do, omitto do or permit to be done, anything which may damage the reputation orgoodwill of the Advertiser, MIL, the Advertising Services or any other remotegambling services provided by MIL; and
d. not do, omitto do or permit to be done, anything which may put any member of the Advertiser'sand/or MIL's group of companies in breach of applicable law or the licenceconditions and/or codes of practice attached to its gambling operatinglicence(s) from time to time.
10. The Partnershall comply at all times with all Data Protection Legislation and must not do,or omit to do, and must ensure that its personnel and other representatives donot do or omit to do, anything that would cause (or may be reasonably expectedto cause) the Advertiser and/or MIL to be in breach of any provision of anyData Protection Legislation. Upon the Advertiser's reasonable written request,the Partner shall provide Advertiser with all co-operation and assistance reasonablyrequested by the Advertiser to demonstrate that the Partner is complying withData Protection Legislation. The Partner shall notify the Advertiser promptlyupon becoming aware of any breach of direct marketing laws (including DataProtection Legislation) in relation to the Advertising Services.
11. The Partnershall not send any direct marketing to any person unless such marketing hasbeen approved in accordance with the process set out in paragraph 12.
12. If the Partnerwishes to send any direct marketing to any person in relation to theAdvertising Services (whether via email, direct messaging on social media, SMSor any push notification) it shall notify the Advertiser of its plans inrespect of such direct marketing and Advertiser shall seek MIL's consent (whichit may give or withhold in its sole discretion), on the Partner's behalf, inrespect of such plans. If MIL provides its written consent to the Partnercarrying out such marketing, the Advertiser shall notify the Partner of thesame and the Partner shall (and shall procure from any third party thatprovides such services on behalf of the Partner that it shall):
a. provide: (i)the relevant marketing messages, links, use of the Advertiser Brand and/or anyother promotional content; and (ii) the intended recipient list, in each caseto the Advertiser (for Advertiser to provide to MIL) at least two (2) weeksprior to the target send date in the format requested by MIL to enable MIL toapprove (or not approve, in its sole discretion) the same;
b. if MILprovides its approval (which will be notified to the Partner by Advertiser),only send such marketing (in the approved form) to its intended recipient listonce MIL has provided prior written approval of the same on the day before thetarget send date. MIL shall be entitled to require the Partner to remove anyperson from the recipient list for any reason, including but not limited to ifMIL believes that such person is a Self-Excluded Person. MIL shall not send anysuch marketing communication to any recipient if more than 24 hours haveelapsed since MIL's written approval of such recipient list;
c. include theAdvertiser and MIL on its marketing list and send all such marketing to theAdvertiser and MIL each time it uses such marketing (using such contact detailsas shall be provided to the Partner by the Advertiser from time to time);
d. withoutprejudice to the foregoing, only send such messages to recipients who havewillingly and explicitly consented to receive marketing from the Partner inrelation to the Advertising Services (and who have not withdrawn such consent),in accordance with applicable Data Protection Legislation, such consent havingbeen reaffirmed by the recipient at least within the last year (and the Partneracknowledges that MIL's approval of any recipient list shall not beconfirmation that any such recipient has consented to receive such marketing);
e. clearlydisplay a message in each such communication to state who is sending suchmarketing communications (and confirm they are not being sent by MIL and/orAdvertiser and/or the Advertising Services);
f. clearlydisplay an unsubscribe feature in each such communication clearly detailingmethods of unsubscribing from the mailing list;
g. not send anypromotional offers relating to the Advertising Services to recipients under theage of 18;
h. comply at alltimes with all applicable direct marketing laws and Data ProtectionLegislation; and
i. at leastonce every six months, and in any event on MIL's and/or Advertiser's request,provide written evidence to Advertiser and MIL of its compliance with thisparagraph 12.
13. The Partnershall keep and maintain full, up to date and accurate original documents, booksand records relating to all its activities under the Agreement. The Partnershall provide to Advertiser on request such information as may be reasonablyrequested by Advertiser in order to assist or enable Advertiser and/or MIL tocomply with applicable law and/or to assess the Partner's compliance with the Agreement.
14. Withoutprejudice to any other rights or remedies of the Advertiser, the Advertiser mayterminate the Agreement immediately on written notice to the Partner if:
a. theAdvertiser is required to do so by MIL for any reason;
b. the Partnerbreaches any of paragraphs 3 to 14 of this Policy or has otherwise acted in amanner which is inconsistent with any of MIL's gambling licences and/or otherapprovals or any requirements, standards, instructions or conditions of anyapplicable regulatory authority (including the Malta Gaming Authority);
15. The Partneracknowledges and agrees that, the greatest extent permitted by law, MIL shallhave no liability to the Partner in relation to the Agreement or its subjectmatter. The Partner shall indemnify and hold harmless MIL against any loss,damage, liability, cost or expense incurred or suffered by MIL as a result ofany breach of the Agreement by the Partner.
16. The Partneracknowledges and agrees that MIL may enforce the terms of this Agreementagainst the Partner as if it were a party to the Agreement.
17. This Policy may be amended unilaterally at any time by theAdvertiser.
18. The Partner is obliged to keep up to date and comply with anychanges to this Policy, Malta Gaming Authority’s Commercial CommunicationsCommittee at https://www.mga.org.mt/wp-content/uploads/Commercial-Communications-Committee-Guidelines-1.pdf and all applicable guidance published by the Malta Gaming Authorityon the website accessible at https://www.mga.org.mt/ from time to time in relation to the advertising and marketing ofgambling.
