These Marketing Guidelines (“the Guidelines”) supplement the Affiliate Agreement ("the Agreement") located at [http://www.gowildaffiliates.com/terms] , and do not derogate in any way from the Affiliate's representations, undertakings and obligations under the Agreement. Unless stated otherwise, any capitalized terms used in these Guidelines shall have the same meaning as set forth in the Agreement.
The Guidelines set out key principles to which an Affiliate (or "you") 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 and when using the Links and Marks (collectively referred to as, "Advertising Materials"), as part of the Affiliate Program. 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.
By displaying, marketing or promoting Marketing 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.
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 reviewed on a regular basis. The last revision will be published in Marketing Guidelines and reflected in the heading "Last Updated".
1. Privacy and data security
1.1. You shall ensure that all your 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 Personal Data) by the Company in connection with the Agreement and the Marketing 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.
1.5. 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.
1.6. 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.
2.1. 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.
2.2. 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.
2.3. You shall not make use of any communication method in order to send Communications to recipients who have not explicitly consented (i.e. opt-in) or subscribed to receive such Communications.
2.4. You shall respect an individual’s rights to opt-out and shall not send or promote any Communication to an entity or individual who has communicated his/her choice not to receive future Communications.
2.5. Without derogating from the above, Communications sent by you via emails or SMS must also:
(i) not contain false or misleading header information - for example, the "From", "To", "Reply To" and routing information, including the originating domain name and email address, should be accurate and identify the person or business who has initiated the message;
(ii) not contain any deceptive subject lines or contain materially false or misleading information;
(iii) contain a clear and conspicuous identification that it is an advertisement or solicitation (e.g. "Promotion", "Advertisement", etc.); and
(iv) include an opt-out mechanism – the Communications must contain a clear and conspicuous notice of the opportunity to opt out from receiving future Communications, in an uncomplicated manner (e.g. through an "Unsubscribe" mechanism, thereby allowing the recipients to communicate their choice by replying to the email address, etc.).
3. Advertisements and content
3.1. You shall ensure that Marketing Materials and any content which is presented to End Users on the Affiliate Sites or alongside the Marketing Materials (e.g. as part of any Communication, link, banner, ad, etc.) (collectively called: “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 Marketing 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 referred to as Media Gallery) 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 Marketing 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) Marketing 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 clickable buttons, controls or items on the Page;
(ii) Marketing Materials include: (1) a clear and prominent marker which explicitly indicates it is an advertisement and identifies the entity on whose behalf the Marketing 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 Marketing 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 Marketing 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 Marketing 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 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 Marketing 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 the Company’s Marketing 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 Marketing 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 Marketing 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 Marketing 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.
4. Gaming guidelines
4.1. You shall respect and comply with the key principles of our Casino Responsible Gaming policy set out at https://www.gowildcasino.com/responsible-gaming, which provide basic principles for the purpose of promoting responsible gambling behaviors.
4.2. You must also comply with all the guidelines hereunder when promoting or displaying the Company’s Marketing Materials:
(i) Displayed Content and Marketing Materials must be clearly identifiable and recognizable as a marketing communications and clearly identify the operator;
(ii) Displayed Content and Marketing Materials must be socially responsible, with particular regard to the need to protect children, young persons and any other vulnerable persons or groups from being harmed or exploited;
(iii) Displayed Content and Marketing 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 or groups; 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 Marketing Materials must not link gambling to seduction, sexual success or enhanced attractiveness;
(v) Displayed Content and Marketing Materials must not portray gambling within the context of “toughness” (i.e. machismo) or link it to resilience or recklessness;
(vi) Displayed Content and Marketing 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 Marketing Materials must not be exploited to justify gambling or luck based on cultural beliefs or traditions;
(viii) Displayed Content and Marketing 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 Marketing Materials must not suggest that solitary gambling is preferable to social gambling;
(x) Displayed Content and Marketing 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 Marketing 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 Marketing 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 Marketing 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.
5. Compliance with platforms' policies
Last Updated: January 2017