Marketing Guidelines for 888 Affiliates

Last Updated: 11 December 2017

Introduction

These Marketing Guidelines for 888 Affiliates (“the Guidelines”) set out key principles to which an Affiliate (or "you"), as defined in the relevant Affiliate Agreement ("the Agreement") located at http://affiliates.888.com/terms-and-conditions, must comply in order to ensure its compliance with the applicable regulatory requirements, industry standards and best practices when displaying, marketing or promoting the Sites, Links and brands owned or operated by Virtual Marketing Services (Gibraltar) Limited ("the Company") or any other entity in the Company's group (“888 Group”), as such brands are found here: affiliates.888.com/our-brands/ (collectively: “Advertising Materials”). These Guidelines include references to various subjects, such as: privacy and data security; marketing; advertisement and content; specific restrictions with regard to gaming advertisements, as well as compliance with the platform’s policies.

These Guidelines supplement the Agreement and do not derogate in any way from the Affiliate's representations, undertakings and obligations under the Agreement and any other agreement which was entered between Affiliate and Company and any other document binding upon the Affiliate. Unless stated otherwise, any capitalized terms used in these Guidelines shall the same meaning as set forth in the Agreement.

By displaying, marketing or promoting Advertising Materials, the Affiliate undertakes to comply with these Guidelines, including any guidelines incorporated herein by reference. The Affiliate further represents that it employs all necessary monitoring and review procedures for the purpose of complying with the aforesaid.

Failure to comply with these Guidelines may result (without prejudice to any of our rights) in your termination as our Affiliate and we may set off or charge you for all claims, damages, expenses, costs, fines incurred or suffered by us in relation to this matter, in accordance with the Agreement.

It should be noted that the Company may change or update these Guidelines from time to time, in accordance with its sole discretion, including, but without limiting the foregoing, for the purpose of properly addressing and reflecting the terms, conditions and guidelines of relevant third parties. Accordingly, these Guidelines should be viewed on a regular basis. The last revision will be published in [link] and reflected in the heading "Last Updated".

1. Privacy and data security

1.1. You shall ensure that all your end users (“End Users”) have been informed of, and if required by applicable law, have given their prior consent to any collecting or processing of their information (including any information which may allow the identification of End Users (“Personal Data”)) by the Company in connection with the Agreement and the Advertising Materials.

1.2. You shall not in any manner infringe an End User's privacy rights and shall not collect, transmit, disclose, copy or use End User's Personal Data without having obtained the End User's explicit and informed consent.

1.3. You will post in each of the Affiliate Websites a prominent privacy policy (“Privacy Policy”) which includes: (1) a clear and accurate description of the information that is collected; and how you collect, use and share this information, stating the exact purposes and the type of recipients of any such collected information; (2) a specific notice to your End Users which explains to them the different ways in which you and the Company may use or process their information (including any Personal Data, if applicable), as stipulated in the Agreement; and (3) a prominent link to Company’s privacy policy.

1.4. You shall handle all Personal Data collected from End Users strictly in accordance with applicable privacy and data security laws, as well as our Privacy Policy, and obtain the End Users’ prior consent to the Privacy Policy.

1.5. You shall take adequate technological and any other necessary measures in order to obtain the End Users’ Personal Data which is collected or processed by you.

You shall obtain a clear and unambiguous consent from all your End Users that Personal Data may be transferred to or stored in countries which may be located outside the European Union and/or outside of the Affiliate's jurisdiction and/or outside of the jurisdiction of the relevant End User, if required by any applicable law.

2. Marketing

2.1. Notwithstanding anything to the contrary in these Guidelines, you must never promote the Sites or any websites owned or operated by any of the Group Companies to any person and/or entity located in the United Kingdom by any form of sent communication, which includes but is not limited to email, SMS, WhatsApp, fax and/or post.

2.2. You must adhere to the guidelines hereunder when sending any form of communication containing Advertising Materials, including by emails, SMS or any other communication method (“Communication(s)”) and also comply with all applicable laws which relate to such activity.

2.3. You shall not advertise or promote any Advertising Materials through the use of SPAM messages.

2.4. You shall ensure that all recipients of Communications are above the minimum legal age in the jurisdiction in which they are located, and that such recipients are legally permitted to use the services or products included in the Communications in such jurisdiction.

2.5. Email Guidelines: Without derogating from the above, Communications sent by you via emails must also adhere to the following guidelines:

(i) You must not make use of electronic messaging systems to send emails to recipients who have not opted-in or subscribed in some way to receive such communications. For example, you cannot send email Communications to recipients when such recipient’s data is collected from his/her social network profiles.

(ii) You must include an easy simple and workings unsubscribe or opt-out mechanism in all your emails:

a) The opt-out or unsubscribe mechanism must be either (1) Email based i.e reply to mailbox such as nomoremail@xxxx.com ; or (2) Web based i.e the opt-out or unsubscribe link in your email must lead to a single page website where the recipient can immediately unsubscribe/opt out (multiple steps or other confirmations of identity are not allowed.

b) The opt-out or unsubscribe mechanism must be provided to recipients in a clear and conspicuous manner.

(iii) You must comply with an opt-out or unsubscribe request immediately and in any case within 10 working days, during which time every effort should be made to not email the recipient in question.

(iv) You must not use false or misleading email header information:

a) Your “From,” “To,” “Reply-To,” and routing information contained in the email – including the originating domain name and email address – must be accurate and identify the person or business who sent the email i.e. must represent the name of the Affiliate.

b) You must not include the full (or part of the name) belonging to any 888’s brand or domain name in your header information. This will lead recipients to believe the email has originated from the 888 Group, instead of the Affiliate.

c) The following are 3 examples of incorrect headers. We will use the fictitious name of an affiliate called OnlineJackpot.com

(vi) You must not use viral marketing techniques in your email Communications. You must not use any viral marketing techniques which either directly or indirectly encourages any spamming by your recipients (e.g. “send an SMS to 10 people and get a bonus”).

vii) When sending bulk emails, you must not display the recipients email address in the “To” or “CC” fields. Recipients email addresses in the “To” or “CC” fields must be encrypted or hidden when you send any Communications to more than one person.

(viii) Identity: You must include your corporate identity and a valid physical postal address in any email messages, as required by applicable laws and regulations that govern the use of email marketing.

(ix) Complaints: In the event that Company receives a complaint from any recipient of an email message transmitted, the Affiliate will immediately provide us or directly or the requesting authority, entity or body with the recipient’s opt-in information, which includes but is not limited to: a) the URL where the recipient opted in to receiving your emails; b) the date and time of sign up; and c) the recipient’s IP address.

We may provide to the party making the complaint any details required for the complaining party to contact you directly in order for you to resolve the complaint. The details which we may provide to the party making the complaint include your name, email address, bricks and mortar address and telephone number.

2.6. SMS Guidelines: Without derogating from the above, Communications sent by you via SMS must also adhere to the following guidelines:

(i) You must not send SMS messages to recipients who have not opted-in or subscribed in some way to receive such communications. For example, you cannot send SMS messages to recipients when such recipient’s data is collected from his/her social network profiles.

(ii) You must include a simple and workings unsubscribe or opt-out option in all your SMS messages. As a general rule, a valid address for opt-out/unsubscribe requests could be by a short code or a long number or a URL link. You must ensure that:

a) The short code/long number or URL link is working i.e. can be replied to by the recipient at the time your SMS is sent.

b) Explain the use of the short code/long number or URL link i.e. you inform the recipient how to opt out of receiving further SMS messages from you in the body of your marketing message e.g. “To STOP MSGS TXT ’STOP’ TO xxxxxxxx [add the applicable short code/long number]” or "To STOP SMS click xxxxxxxxx [add the applicable URL link]".

c) The universal opt out command for recipients is the word “STOP”.

d) On receipt of a request to unsubscribe from receiving further SMS messages from you, you MUST make sure that the person receives no further marketing messages. Best practice in this regard would be to add the recipients details to a suppression list rather than deleting his/her mobile phone number. If such recipient’s details are deleted entirely, there is no way of ensuring that such details are not put back on the database.

e) If an opt out/unsubscribe request is received by you through a non-SMS source (e.g. an email or phone helpline), such recipient’s mobile number should be suppressed by you immediately and in any case within 10 days of your receipt of the relevant opt out/unsubscribe request and during which time you should use every effort not send further SMS messages to the recipient.

f) Different jurisdictions may require that you use a specific opt-out/unsubscribe mechanism, or register your Sender ID. It is your responsibility to ensure when sending SMS messages that both you and the SMS messages, comply with all applicable laws and regulations.

(iii) Your identity and use of false or deceptive content in SMS messages:

a) You must always clearly identify yourself. All SMS messages must clearly contain your identity. This can be done within the body of the SMS message and as the Sender ID (also known as an Alpha Tag).

b) You must not send false or misleading information: i.e. your Sender ID and message must be accurate, truthful.

c) You must not include the full name (or part of the name) of any 888’s brand or domain name in your sender information. This will lead recipients to believe the SMS has originated from 888 Group, instead of the Affiliate.

d) The SMS message must always make it clear that the SMS is sent by an Affiliate or in affiliation with the Company – it should be clear to the recipient that the SMS message is from a third party and not from the Company itself. For example, the terms “Play with us”, “Play on our casino” are incorrect and must be substituted by “Play with ”, “Play on 888 casino”.

e) The SMS message content must not contain statements that are incorrect and the SMS message must not refer to any actions that the recipient has not made e.g. “I've noticed that you did not complete your sign up” or “Your bonus on your account is expiring”. Such statements lead to the recipient believing that his/her identity has been stolen, or an unauthorized account has been created.

(iv) Delivery Times: You should only send SMS messages between 9am and 9pm each day Monday to Friday in the jurisdiction where the recipient is located. Please note that recipients might regard SMS messages sent on a weekend, a bank holiday, national holiday or religious holiday, as unwelcome.

(v) Complaints: In the event that the Company receives a complaint from any recipient of an SMS message transmitted, the Affiliate will immediately provide us with the recipient’s opt-in information, which includes but is not limited to: a) the date and time the recipient opted in to receiving its SMS messages; b) The method of consent i.e. a URL, web form; and c) the phone number and any other details that the recipient provided when providing his/her consent to receiving your SMS messages. We may provide to the party making the complaint any details required for the complaining party to contact you directly in order for you to resolve the complaint. The details which we may provide to the party making the complaint include your name, email address, bricks and mortar address and telephone number.

3. Advertisements and content

3.1. You shall ensure that Advertising Materials and any content which is presented to End Users on the Affiliate Websites or alongside the Advertising Materials (e.g. as part of any Communication, link, banner, ad, etc.) (collectively: “Displayed Content"), will adhere to all applicable laws, regulations and industry guidelines, as applicable, including with respect to any restrictions that are relevant to the distribution, display or promotion of Advertising Materials or Displayed Content.

3.2. You shall ensure that the Displayed Content used and displayed at any given time is up-to-date and permitted for use by the Company. In order to comply with this requirement, you will, inter alia, check at least every two months the databases, repositories and websites designated by the Company for such purpose (collectively: “Repositories”) to ensure that you are using the most up-to-date materials. If you discover that any materials are no longer available on the Repositories, you will immediately cease using them.

3.3. You shall not use any content or materials incorporating the Company’s trademarks apart from the materials available on or through the Repositories.

3.4. Upon receipt of notice from the Company that any Displayed Content or portion thereof are to be taken down, you will proceed to do so immediately and in any event will remove any and all appearances of such content within no longer than three days.

3.5. Intellectual property rights: you shall refrain, in any manner, from promoting, encouraging, assisting or engaging in any infringing activity with respect to any third party's intellectual property rights, and you shall take reasonable steps to ensure that your services are not misused or abused in this regard (including, without limitation, restricting End Users from uploading, submitting, distributing, delivering, hosting or engaging in any manner with content for which they have not obtained all necessary licenses, rights and permissions).

3.6. Native advertising: You shall not display Advertising Materials in the form of native advertising (i.e. an advertisement which is cohesive with the content of the host page or platform on which it is placed ("Page"), or which is assimilated into the Page's design, or consistent with the Page's behavior such that the advertisement's experience follows the natural form and function of the Page's user experience), unless the following restrictions and conditions are met:

(i) Advertising Materials must be clearly distinguishable from the Page, with distinct visual cues (e.g., clear and visible boundaries, prominent shading or background color, distinct font, or other visible cues) and are distanced from any linkable or tappable buttons, controls or items on the Page;

(ii) Advertising Materials include: (1) a clear and prominent marker which explicitly indicates it is an advertisement and identifies the entity on whose behalf the Advertising Materials are served (e.g. "Sponsored/promoted by…", "Ad brought by…", "Ad promoted by…"); and (2) a prominent and visible link to the necessary disclosures with regard to the origin and content of the Advertising Materials.

3.7. Behavioral advertising: in case you engage in behavioral advertising (i.e. the practice of collecting information from web browsers and applications in order that it can be used to present online advertisements that are more relevant to the user) in connection with the displaying and promoting of any Advertising Materials, then you shall comply at all times with all consumer disclosures, notifications and choices pursuant to applicable law and best industry practices, including but not limited to, the requirements of the Self-Regulatory Principles for Online Behavioral Advertising administered by the Digital Advertising Alliance.

3.8. Prohibited content: any action taken directly or indirectly by you with respect to the Advertising Materials or Displayed Content shall not encourage any activity, use, or promotion of any content that may be reasonably deemed as including any being any one of the following:

(i) abusive, demeaning, prejudicial, harassing, threatening, obscene, libelous, defamatory, "Hate Speech" or promoting or condoning violence against individuals or groups;

(ii) sexually explicit, pornographic or containing obscene content;

(iii) false, fraudulent, misleading or containing deceptive material, false representations or notifications, or material which impersonates others;

(iv) defamatory, abusive, or threatens physical harm to others;

(v) advocates or facilitate violence of any kind;

(vi) having any content which is targeted at or designed to appeal to minors;

(vii) having any type of harmful applications or components which intentionally pose a security risk or create or exploit any security vulnerabilities, or any other malicious code or conduct, including taking any action that may materially interfere with or disrupt the End User's experience or his ability to use its device;

(viii) acting in a manner that may be considered as hacking or hijacking of the End Users' system(s) or browser functionality;

(ix) acting in a manner that may harm the 888 Group or Company’s reputation; or

(x) encouraging, promoting or assisting any illegal activity or any other conduct which may be deemed as unlawful or in violation of any applicable law, regulation, directive or any rules, limitations and restrictions that are relevant to the distribution, display or promotion of the Advertising Materials, or an order of any court or tribunal or judicial body, or any activity that could give rise to civil liability, or that infringes any third party rights (including, without limitation, intellectual property rights, privacy, publicity, data collection and any other rights).

3.9. Prohibited Activity: you shall not display, promote or distribute Advertising Materials or present the Displayed Content , in any manner which:

(i) violates any applicable law or regulation, or infringes any third party's rights, including privacy or proprietary rights; or

(ii) uses any materials or content which includes any virus, worms, malware, spyware, spam-ware, Trojan horses, or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any third party's computer software, mobile device, hardware, network or telecommunications equipment, or which materially interferes with or disrupts web navigation or browsing, or which disables or modifies, interferes or intervenes with an End Users' control over the operating system or browser settings; or

(iii) incentivizes any End Users to perform any action for the purpose of generating traffic, clicks, actions or impressions of the Advertising Materials; or

(iv) uses or employs any misleading, fraudulent or inappropriate practices that may deceive the End User to generate an action with regard to the Advertising Materials (e.g. making false or misleading claims about the state of the End User’s system, impersonating system notifications, etc., such as fake "watch this video" graphic, a face missing codec, etc.); or

(v) incentivizes the End User to perform any of the foregoing, or assists, incentivizes or encourages a third party to perform any of the forgoing.

3.10. Fraudulent Activity: you shall not be involved with any activity which is: (i) illegal in any applicable jurisdiction; (ii) made in bad faith; or (iii) intended to defraud the Company or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes the Company or any of the Company’s websites any damage or harm. Without limiting the generality of the foregoing, you shall not be involved in any of the following fraudulent activities:

(i) money-laundering or any other laws and regulations which apply to you;

(ii) false, misleading or unauthorized advertising or representations;

(iii) engaging in, allowing, promoting, assisting, encouraging or benefiting from, whether directly or indirectly, any act that involves fraud of any kind;

(iv) attempting to artificially increase the consideration payable to you by the Company;

(v) reading, intercepting, recording, redirecting, interpreting, or filling in the contents of any electronic form or other materials submitted by any person;

(vi) modifying, redirecting, suppressing, or substituting the operation of any button, link, advertisements or other interactive feature of the Company’s websites;

(vii) causing the Company’s websites (or any page thereof) to open in the End User’s browser other than as a result of the End User clicking on the Advertising Materials;

(vii) incentivizing any End User to perform any of the foregoing, or assisting, incentivizing or encouraging, whether directly or indirectly, a third party to perform any of the forgoing.

3.11. Gaming guidelines: you must comply with all the guidelines hereunder when promoting or displaying Advertising Materials:

(i) Displayed Content and Advertising Materials must be clearly identifiable and recognizable as a marketing communications and clearly identify the operator;

(ii) Displayed Content and Advertising Materials must be socially responsible, with particular regard to the need to protect children, young persons and any other vulnerable persons from being harmed or exploited;

(iii) Displayed Content and Advertising Materials must not portray, condone or encourage gambling that is socially irresponsible or could lead to financial, social or emotional harm; condone or encourage criminal or anti-social behavior; exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons; suggest peer pressure to gamble or that abstention from gambling is disparaging; suggest gambling is a “rite of passage”; be likely to be of particular appeal to children or young persons, especially by reflecting or be associated with youth culture; be directed at those aged below 18 years (or any other minimum gambling age under any applicable jurisdiction) through the selection of media or context in which they appear; or include a child or a young person.

(iv) Displayed Content and Advertising Materials must not link gambling to seduction, sexual success or enhanced attractiveness;

(v) Displayed Content and Advertising Materials must not portray gambling within the context of “toughness” (i.e. machismo) or link it to resilience or recklessness;

(vi) Displayed Content and Advertising Materials must not suggest that gambling can enhance personal qualities, for example, that it can improve self-image or self-esteem, or is a way likely to lead to control, superiority, recognition or admiration;

(vii) Displayed Content and Advertising Materials must not be exploited to justify gambling or luck based on cultural beliefs or traditions;

viii) Displayed Content and Advertising Materials must not suggest that gambling can provide an escape from personal, professional or educational problems, such as loneliness or depression; suggest that gambling can be a solution to financial problems; be an alternative to employment or a way to achieve financial security; portray gambling as indispensable or as taking priority in life - for example, over family, friends or professional or educational commitments; or condone or feature gambling in a working environment;

(ix) Displayed Content and Advertising Materials must not suggest that solitary gambling is preferable to social gambling;

(x) Displayed Content and Advertising Materials must not materially mislead or be likely to do so or mislead the consumer by omitting material information. It must not mislead by concealing material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner. In this regard, “material information” is information in respect of which the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer, depends on: the context and the medium, and in this regard, if the medium of the marketing communication is constrained by time or space, then the measures that the marketer takes to make that information available to the consumer by other means are relevant;

(xi) Displayed Content and Advertising Materials must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. Qualifications must be presented clearly;

(xii) Displayed Content and Advertising Materials must not describe a product as being “free”, “gratis”, “without charge” or anything similar, where the consumer has to pay anything other than the unavoidable cost of responding and collecting or paying for delivery of the item. Displayed Content must make clear the extent of the commitment the consumer must commit to in order to take advantage of a “free” offer; and

(xiii) Displayed Content and Advertising Materials that include a promotion and are significantly limited by time or space, must include as much information about significant conditions as practicable, and must clearly direct consumers to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. End Users should be able to retain those conditions or easily access them throughout the period of the promotion.

4. Compliance with platforms' policies

4.1. When distributing any Advertising Materials through applications on online app stores (e.g. Apple App Store; Google Play Store; etc.), you shall at all times comply with all terms of use and all associated policies and guidelines, which apply to the display or distribution of Advertising Materials through applications and application stores (e.g. the Google Play Developer Program Policies; App Store Review Guidelines; etc.).

4.2. When distributing any Advertising Materials through any social network or any other online platform, you shall at all times comply with all terms of use and all associated policies and guidelines, which apply to the display or distribution of Advertising Materials through such online platforms.