1.    INTRODUCTION

 

The purpose of the Marketing Guidelines (“Guidelines”) is to supplement the Company’s terms and conditions for Affiliates (the “Agreement”), published here and outline how the Affiliates (“You”) may promote the Company’s brands effectively and lawfully. These Guidelines do constitute a legally binding agreement between the Company and You. In case of any contradiction between the terms and conditions under the Agreement and these Guidelines, the Agreement supersedes any provisions of these Guidelines.

 

In case of any doubts regarding your obligations under the Agreement and/or these Guidelines, please contact your affiliate manager, or send an email to: affiliates@mycasinoaffiliates.ch.

 

2.    GENERAL RULES

 

2.1 You may only use Marketing Material provided by the Company or content that has been approved by the Company. You shall not alter the appearance, design and content of the approved marketing material unless it has obtained prior written authorisation from the Company. If You want to use content that has not been provided by the Company and/or approved by the Company, it MUST be approved by the Company’s Affiliate Manager in writing prior to being published. If You are found to be using any Marketing Material or other content promoting the Company’s brands that has not been approved in writing by the Affiliate Manager, this may lead to the suspension and/or termination of your affiliate account. In addition, the assertion of damages by the Company remains reserved in any case.

 

2.2 You shall adhere to the EGBA code of conduct in regards of your marketing activities for the Company.

 

2.3 Sales promotions shall always be clear and accurately advertised.

 

2.4 Adverts and promotions shall not directly or indirectly feature themes that link gambling to toughness, resilience or recklessness.

 

2.5 Adverts and promotions shall not give the impression that gambling can be a main source of income or an activity to resort to for the payment of debts.

 

2.6 Adverts and promotions shall always be in accordance with the Company’s effort to promote social responsibility and responsible gambling. Inter alia, You shall ensure that adverts and promotions do not encourage gambling in ways that might appeal to children, young persons and/or vulnerable persons.

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2.7 All adverts and promotions shall clearly indicate that the gambling activity promoted is to be only exercised by persons who are over 18 years of age.

 

2.8 All adverts and promotions shall expressly state how to make use of an offer. For avoidance of doubt, customers of the Company shall always be provided with sufficient information in order to be able to make an informed decision prior to opting to accede to a promotion. For example, the customer has to fully be made aware of all wagering requirements, limitations of bonus offers etc.

 

2.9 You shall NOT purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company’s trademarks or any other brands belonging to the Company, or variations thereof in the “domain name” (i.e. after any prefixes but before the top level domain suffix), or include meta tags on your website which are identical or similar to any of the Company’s trademarks or any other brands belonging to the Company. In addition, You shall NOT create pages falsely representing any of the Company’s brands in any social media channels (including, but not limited to, Facebook, Google+, Twitter, etc.). If You register domain names in breach of this rule, You will have your affiliates account terminated and further legal action may be taken. In addition, the assertion of damages by the Company remains reserved in any case.

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2.10 You shall not use or distribute Company’s brands, sub brands, website)s) and products in violation of applicable law, rules and regulations.

 

2.11 You shall not advertise, distribute or sell, and you shall not authorise the advertising or sale, of Company’s brands, sub brands, website)s) and products in any manner at any time or in any place not specifically allowed here-under or in any language other than the authorised languages.

 

2.12 You shall not, nor shall you authorise others to, solicit, advertise, distribute, offer, use or otherwise exploit Company’s brands, sub brands, website)s) and products to Players in any geographic area outside Switzerland. This limitation applies to both play for real money and for fun regardless of distribution channel.

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3.    SPECIFIC RULES

 

3.1 Email Marketing

 

If You promote the Company’s brands via email marketing:

 

(i) You shall provide the Company with evidence on how You have sourced your email database and clearly define the opt-in process to receive gambling related email communications;

 

(ii) You must provide a preview of the actual email You are planning to send and gain permission from your Affiliate Manager prior to the send-out. Emails should never appear as if they have been sent by the Company or its brands and brand names must not appear in the “From” field;

 

(iii) it must be clear in the email that any potential complaint made as a result of this communication channel should be addressed directly to You, and not to the Company and/or its brands. You shall without delay notify the Company of any received complaints. In no circumstances shall the Company reply to any such complaints; and

 

(iv) an unsubscribe link must be included in every email. The Company shall ask You to provide examples of the unsubscribe process.

 

3.2 PPC

 

The Company has decided not to allow Pay-Per-Click (“PPC”) for the foreseeable future. In the event that the Company will allow PPC in the future and You wish to run a Pay-Per-Click (PPC) campaign, You must:

 

(i) link to your website and not to the Company’s website;

(ii) not bid on the Company’s brand names or trademarks, or misspellings thereof;

(iii) not use the Company’s brand names in display URLs or ad copy; and

(iv) add the Company’s brand names to the phrase match negative keywords list on your accounts.

 

If You are found to be in violation of the above, You risk having your affiliate account suspended and/or terminated. In addition, the assertion of damages by the Company remains reserved in any case.

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3.3 SMS

 

The Company has decided not to engage in any SMS send-outs through a third party for the foreseeable future. If You are found to be running SMS activities, You will have your affiliate account terminated immediately. In addition, the assertion of damages by the Company remains reserved in any case.

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3.4 Social Media

 

You may not post any affiliate links directly on your social media page(s) without prior written permission from the Online Casino Director[A1] . If You are found to have done so, your affiliate account will be suspended and/or terminated. In addition, the assertion of damages by the Company remains reserved in any case.

 

If You are found to be promoting the Company’s brands via private groups and/or private messages on social media networks without prior written permission, You risk having your affiliate account terminated immediately. In addition, the assertion of damages by the Company remains reserved in any case.

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3.5 Pop-up and Pop-under Campaigns

 

You may NOT use framing techniques such as pop-up or pop-under windows to promote the Company’s brands. If You are found to be running this sort of activity, You may have your affiliate account suspended and/or terminated. In addition, the assertion of damages by the Company remains reserved in any case.

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Appendix A

 

Affiliate Policy: Intellectual Property Rights

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1. Intellectual Property

The Affiliate shall guarantee that the material shown on the Affiliate website does not infringe any rights of third parties (including copyright, patents and trade mark rights, the general right of personality or any other rights – in the following “IP”).

 

The Affiliate shall not copy or resemble the Company’s Website in whole or in part, or frame any page of the Company´s Website in whole or in part. The Affiliate shall not register or attempt to register any logo, trade mark, trade name, insignia, design, domain name or similar identifying material and shall not create any websites, groups, profiles (especially but not limited to www.facebook.com) that contain the IP or are confusingly similar to or are comprised of any of the IP.

 

2. Domain Names

The Affiliate shall not register or attempt to register domain names which are similar or confusingly similar to the Trademarks or Sites, or any other associated brands or companies, including (for avoidance of doubt) any misspellings or any phonetics. In the case that the Affiliate does register any domain name as described above, the Affiliate will, on demand of the Company, immediately transfer any such domain name to the Company or to a third party elected by the Company.

 

3. Bidding on Brand Terms

The Affiliate may not place, purchase or register keywords (including meta tag keywords), search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical, similar or otherwise resembling any of the Trademarks.

 

4. Approved Marketing Materials

The Affiliate will only use advertising creative (banners, html mailers, images, logos, micro games, page peels, content and other) approved by the Company and will neither alter their appearance nor refer to the Company in any promotional materials other than those that are available from the affiliate tool. The Affiliate shall not (i) use Marketing Materials in any manner that may potentially confuse a Player or potential Player or (ii) place Marketing Materials on any online site where the content of the medium infringes any third party’s IP.

 

5. License to use Marks

The Company hereby grants the Affiliate a non-exclusive, revocable, non-transferable license, during the term of the Agreement, to use any IP with regards to the approved Marketing Materials for the display on the Affiliate website and for the sole purpose of the Agreement. This license cannot be sub-licensed, assigned, sold or otherwise transferred by the Affiliate without the Company´s prior written approval. The Company has the right to terminate this license at any time by providing written or electronic notification to the Affiliate. The Affiliate guarantees to maintain the email address stored in the registration with the affiliate tool and inform the Company in any event, should this email address change. A notification sent to this email address is accepted as sufficient for any communication regarding this contract.

 

The Affiliate shall not contest the ownership of the IP, and shall not take any action that may invalidate or weaken the validity of the IP or diminish the IP associated goodwill.