Terms and Conditions
Guidelines for Affiliates on Ontario Gambling Advertising
1. Introduction
The following guidelines (the "Ontario Guidelines") are an addendum to the Betway Partners Affiliate Program - Terms & Conditions (the "Terms") in place between Betway Limited located at Stadium Street 9, GZR 1300, Gzira, Malta and operated by Betway Limited Guernsey Branch on its own behalf and on behalf of its associate, Cadway Limited (collectively referred to herein as "Betway") and you acting as an affiliate (the "Affiliate") which regulates the relationship with the Affiliate, following the coming into force of the Registrar’s Standards for Internet Gaming established by the Alcohol and Gaming Commission of Ontario (the “AGCO”) pursuant to the Gaming Control Act, 1992 (Ontario) (the "Standards"). The addendum is performed pursuant to introductory paragraph of the Terms according to which the Affiliate agreed to be bound by the most current version of the Terms. The Standards and the Gaming Control Act, 1992 (Ontario) are collectively defined herein as the "Ontario Gambling Advertising Regulations". The Affiliate shall read the Standards 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
The Ontario Guidelines will take effect and will be binding from the date of their publication on the website www.betwaypartners.com (the "Effective Date").
By continuing to operate with the Affiliate program and/or perform the activities subject of the Terms following the Effective Date, the Affiliate agrees to be bound to the Ontario Guidelines.
The Ontario Guidelines will be applicable to the activities conducted towards persons in Ontario and/or in relation to www.betway.ca and any other sites run by Betway that are registered with the AGCO and directed to persons in Ontario (the "Ontario Sites"). In case of discrepancies between the Terms and the Ontario Guidelines, the latter shall prevail with reference to the Ontario Sites.
If the Affiliate does not accept to be bound to the Ontario Guidelines, then it shall immediately cease the activities subject of the Terms and it is its responsibility to terminate them in accordance with the modalities provided therein.
3. Affiliate Obligations
a) The Affiliate shall provide persons in Ontario commercial messages exclusively aimed at informing persons in Ontario about the products and services offered by Betway on the Ontario Sites, and shall not promote any other sites associated with Betway to persons in Ontario;
b) The Affiliate shall not promote the Ontario Sites to any persons who are not in Ontario;
c) The Affiliate shall not engage in direct-to-consumer marketing, direct-to-consumer promotion, or player referral services related to online gambling sites that facilitate or accept wagers from persons in Ontario without an AGCO registration;
d) The Affiliate shall not provide advertising, marketing materials and communications in Ontario that targets high-risk, underage or self-excluded persons to participate in gambling;
e) Advertising, marketing materials and communications provided by the Affiliate in Ontario shall not include underage individuals, and shall not knowingly be communicated or sent to high-risk players;
f) Advertising, marketing materials and communications provided by the Affiliate in Ontario shall not:
i. Be based on themes, or use language, intended to appeal primarily to minors;
ii. Contain cartoon figures, symbols, role models, and/or celebrity/entertainer endorsers whose primary appeal is to minors;
iii. Use individuals who are, or appear to be, minors to promote gambling;
iv. Appear in media and venues, including on websites, and in digital or online media, directed primarily to minors, or where most of the audience is reasonably expected to be minors;
v. Exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of all potentially high-risk persons, or otherwise extoll the virtues of gambling; or
vi. Entice or attract potentially high-risk players.
g) The Affiliate shall put precautions in place to limit marketing communications to all known high-risk players;
h) All marketing activities, including advertising and promotions, in which the Affiliate engages shall be truthful, shall not mislead players or misrepresent products, and advertising, marketing materials and communications provided by the Affiliate in Ontario shall not:
i. Imply that gambling is required in order to fulfill family or social obligations or solve personal problems;
ii. Promote gambling as an alternative to employment, as a financial investment, or as a requirement for financial security;
iii. Contain endorsements by well-known personalities that suggest that gambling has contributed to their success;
iv. Encourage gambling as a means of recovering past gambling or other financial losses;
v. Be designed so as to make false promises or present winning as the probable outcome;
vi. Imply that chances of winning increase:
· The longer one plays;
· The more one spends; or
· Suggest that skill can influence the outcome (for games where skill is not a factor)
vii. Portray, suggest, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm;
viii. Suggest that gambling can provide an escape from personal or professional problems;
ix. Portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments;
x. Suggest that gambling can enhance personal qualities, for example, that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration;
xi. Suggest peer pressure to gamble nor disparage abstention;
xii. Link gambling to seduction, sexual success or enhanced attractiveness,
xiii. Portray gambling in a context of toughness or link it to resilience or irresponsible play;
xiv. Suggest gambling is a rite of passage; or
xv. Offer a product or promotion that is not reasonably attainable without incurring substantial losses.
3.1. Display of logos
Where the Affiliate displays the Betway logo, it shall display the logo of iGaming Ontario (“iGO”) as provided by Betway alongside the Betway logo. Betway will provide a set of logos, which may include other prescribed trade-marks, to the Affiliates (each, an “iGO Logo” and collectively, the “Logo Suite”)
All placements of an iGO Logo must appear sufficiently visible in size so that it is clearly readable. The Affiliate shall not use an iGO Logo in a manner implying that iGO is in a joint venture, is sponsoring, co-organizing, or a collaborator of Betway or any entity related to Betway. The Affiliate is responsible for using the name of iGO and/or the iGO Logo correctly
Examples of the English iGO Logo and iGO Logo with tagline are as follows:
and:
The Affiliate shall only utilize an iGO Logo from within the Logo Suite provided by Betway. If an iGO Logo is revised in the future, the new revision will be provided to Affiliates.
When using an iGO Logo, the Affiliate shall adhere to the following brand standards:
a) The Affiliate shall always use artwork provided by Betway and never recreate or redraw an iGO Logo;
b) The Affiliate shall under no circumstances change the iGO Logo design and/or proportions; and
c) The Affiliate shall only depict an iGO Logo in the designated colours and must not use the iGO logo in black and white.
3.2 Gambling Inducements, Bonuses and Credits
The Affiliate shall not use advertising and marketing materials that communicate gambling inducements, bonuses and credits, except through the forms of direct advertising and marketing referred to in Clause 5 of the Terms. The Affiliate shall not send any such advertising and marketing communications without the prior written consent of Betway obtained in the manner set forth in Clause 5 of the Terms.
4. Our Rights and Remedies
In case of breach of the obligations set out in paragraph 3 or your negligence in performance the activities in accordance with the Ontario Guidelines, or failure to in any way meet your obligations hereunder, the following remedies will be available:
i. the right to suspend any Affiliate’s participation in the Affiliate program for such period as is required to investigate any activities of the Affiliate that may be in breach of the Ontario Gambling Advertising Regulations;
ii. the right to withhold any revenue share or amount due to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Terms;
iii. the right to claim the amount of fines and any further damage, including reputational damages, potentially suffered by Betway, the companies of its group and/or any of the individuals or companies instructed or employed by them, as direct or indirect consequence of the breach of the obligations set out in these Ontario Guidelines; and
iv. the right to immediately terminate the Terms with the Affiliate.
5. Governing Law.
The validity, construction and performance of the Ontario Guidelines and any claim, dispute or matter arising under or in connection to the Ontario Guidelines or its enforceability shall be governed and construed in accordance with the applicable provisions of Clause 31 of the Terms.