Effective Date: 25th November 2024.
Terms & Conditions
Welcome to Odds Scanner Partners’ Terms and Conditions (the “T&C”).
CX Media Ltd (also referred to in this T&C as “we”; “us”; “our” or “Odds Scanner Partners”) is registered in the Malta Business Registry under Registration Number C 94478, having its registered office at Q2, Ground Floor, Unit B, Tigne Point, Sliema, Malta, owner of the Affiliate Platform https://partners.oddsscanner.com, including any landing or sub-pages or Affiliate links that are integrated within it (the “Site”).
AND:
A Company or individual over 18 years of age who has registered with Odds Scanner Partners and agreed to these Terms and Conditions (also referred to in this T&C as “You”; “your”; or “Affiliate”) to be legally bound by the Agreement (also referred to as “Terms and Conditions” or “T&C”).
Purpose and Scope
Odds Scanner Partners has created and developed an Affiliate Platform available online at https://partners.oddsscanner.com, where the Affiliate has access to our networking environment. We offer all network members support and payment of the generated commission for referring players to Merchants’ websites.
Before You use the Platform, please make sure You have read, understood, and agreed to these T&C in their entirety and all documents referred to in it.
If You do not agree with any part of these terms, You should not use our Platform. You also bear sole responsibility in ensuring You have the legal right to promote the Merchants’ websites through links/banners or any other marketing tools.
By subscribing through the Platform, You hereby agree and acknowledge that You are above the legal age and/or and have the legal rights to subscribe to the Affiliate network.
By subscribing through the Platform, You have engaged, by means of this Agreement, to perform services in relation to referring potential customers to Merchants’ websites operating with the Odds Scanner Partners Affiliate network.
These T&C, as may be amended from time to time, are a binding agreement and regulate the relationship between the Parties. The Parties agree that the T&C constitute the entire agreement between the Parties and supersedes all prior agreements and/or understandings, in whatever form, relating to the Platform. Any conflicting terms, conditions, agreements, and/or statements in whatever form (including any Affiliate’s terms and conditions) will not be deemed to amend the Agreement.
These T&C shall come into force upon our acceptance of Your subscription as an Affiliate and shall remain in effect until terminated.
Definitions
For the purpose of these T&C the following capitalised words and expressions have the following meanings:
“Active Affiliate” means an Affiliate who got connected to his/her account on Odds Scanner Partners Platform at least one time during the last 6 months.
“Affiliate” means an individual minimum 18 years of age or company that promotes products or services on behalf of Odds Scanner Partners in exchange for a commission.
“Affiliate site” means a site that is operated by the Affiliate for the purpose of directing Players to Merchants.
“Closed Account” means an account which is not accessible anymore by the Affiliate.
“Commission” means the fees payable by Odds Scanner Partners to the Affiliate.
“Conversion” means when a user performs a desired action, such as signing up, engaging in real-money gaming activities or downloading a game, as a result of the Affiliate’s promotion.
“First Time Deposit” or “FTD” means a Referred Player who opens a player account with the Merchant and makes a first deposit of money;
“Fraud” means any intentional act or omission by the Affiliate that is intended to deceive, mislead, or defraud Odds Scanner Partners or any third-party for the purpose of obtaining any unauthorised benefit or gain.
“Inactive Affiliate” means an Affiliate who did not connect to his/her account on Odds Scanner Partners Platform at least one time during the last 6 months.
“Intellectual Property Rights” means copyrights, neighbouring rights, sui generis rights, trademarks, service marks, logos, business names, goodwill, rights to sue for passing off, domains, designs, trade secrets, know-how, and all other intellectual property rights, in each case, whether registered or not and including all applications and rights to apply for, rights of priority, and extensions.
“Merchant” means a company or organisation that offers online gaming services, such as casinos, sports betting platforms or poker rooms.
“Platform” means the platform belonging to Odds Scanner Partners that is made available at https://partners.oddsscanner.com.
“Player Account” means a uniquely identifiable account or profile created with the Merchants or any company within the Merchants Group when a visitor registers to any of the Website(s) and that enables a Referred Player, or a prospective Referred Player, to participate in any of the activities offered via the Website(s) from time to time;
“Referred Player” means a visitor to any of the Website(s) who (i) has been introduced or referred to such Merchants Website(s) via a Odds Scanner Partners Controlled Source; (ii) that has not previously held a Player Account with the Merchants Group; and (iii) opens a Player Account with the Merchants Group and whether or not such Referred Player is or becomes a Qualified Player.
“Spam” means irrelevant or unsolicited messages sent over the Internet, typically to a large number of users, for the purposes of advertising, phishing, spreading malware, or other malicious purposes, including but not limited to: bulk electronic communications sent without required opt-in or prior consent; deceptive or misleading commercial content distributed indiscriminately; automated content generated without meaningful human oversight; activities intended to disrupt normal service operations; attempts to circumvent spam filters; unauthorised harvesting of contact information; and the creation of multiple accounts for distributing unwanted content, with Odds Scanner Partners reserving the right to determine, in its sole discretion, whether any communication, content, or activity constitutes spam for the purposes of these T&Cs. This shall include not having needed opt-in or opt-out prior to sending any communications.
Registering with us
In order to use our Platform, You must register first. The registration form requires You to provide us with Your company data and/or personal data. You are obliged to provide current, accurate and true information about Yourself when registering with us. Any actions to conceal, hide or change identity or used methods of marketing in any way will result in penalties as per these T&C and potential closure of Your account.
The Affiliate represents and warrants that the information provided in its Affiliate application is correct and up-to-date. You will update it as required to ensure the data is current and accurate at all times.
It is our policy and our Partner’s policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities or any illegal activities. Before accepting Your application, we will verify Your identity. You also agree to provide us with any supporting documents, which we may request from time to time.
In any event that we believe contact information, personal details or identity might be inaccurate or falsified we reserve ourselves a full right to suspend Your account.
You are responsible for securing Your account and not disclosing any information to third-parties. Odds Scanner Partners is not responsible if a third-party accesses Your account and if that may result in loss or for transactions made by unauthorised third-parties.
The account should only be operated by a legal representative of the company. If another representative is to receive access by the Affiliate, the Affiliate is aware that such representative will have the right to amend payment details or any other sensitive information within the account. The Affiliate is therefore agreeing that he/she is to be held responsible for any changes affected by other instructed representatives. A legal representative is a person who has the legal authority to enter and accept on behalf of the company or personal account (such representation and authorisation must be made by a person who has actual authority to enter binding agreements on behalf of the company and has authority to manage the business of the company, being a director or having a power of attorney issued by the legal representatives of the company or the person in question).
Rights and Obligations of Odds Scanner Partners
We may refuse any Affiliate applicant or close any account of current Affiliates if, at our sole discretion, we determine it is necessary to comply with applicable law or to protect our interests and those of our partners.
By registering with us, we do not grant You a licence or right to market or promote in any way the programs/services we make available on behalf of the Merchant. You will need official approval from us before You can make use of such programs/services.
We reserve the right to close the account if there is reasonable suspicion that the Affiliate is abusing or manipulating deals or competitions.
We will audit You and monitor Your month to month performance and activity in general for our compliance purposes. By agreeing to our T&C You agree to provide us with any reasonably requested information to carry out investigations in accordance with our compliance procedures which we carry out internally and according to law.
Odds Scanner Partners is committed to ensuring the proper functioning of the Platform hardware and software components, giving the users full access to all services offered on the Platform under these T&C.
In case of technical failure affecting the operation of the Platform for reasons beyond the control of Odds Scanner Partners, such as a breakdown in the communication system, a breakdown in the Internet Service Provider system, or any other reason whatsoever, Odds Scanner Partners is committed to inform the Affiliate of the situation and solve the technical problem as quickly as possible.
Odds Scanner Partners aims to ensure the permanent availability and access of the Affiliate to the statistics of the Affiliate campaigns, such as impressions, clicks, registration forms, and generated earnings (commission). These earnings will remain on standby until they are confirmed and paid by the Merchant. All confirmed earnings become payable by Odds Scanner Partners to the Affiliate.
Rights and Obligations of the Affiliate
It is Your sole responsibility to continuously review and keep Yourself aware of any new restrictions introduced by Merchants before starting any operations or on Your current dealings.
If the Affiliate is in breach of these T&C, we may besides closing the Affiliate’s account take any other actions permitted by applicable law to protect its interest or its partners interest.
The Affiliate shall incorporate and permanently display the latest links provided by Odds Scanner Partners on every page of their website in a manner agreed between both parties. The Affiliate shall not change the shape, location or operation of the links provided by Odds Scanner Partners without his permission.
The Affiliate agrees to place the tracking links provided by Odds Scanner Partners to ensure the proper tracking of the website users actions like impressions, clicks registrations and deposits on the Advertisers site.
From time to time, Merchants may impose restrictions on the use of specific promotional materials. In such instances, Odds Scanner Partners shall promptly notify the Affiliate of these limitations. Failure to comply with the Merchant’s restrictions may result in the termination of the Affiliate’s account at our sole discretion, and any earnings generated during the period of non-compliance may be suspended.
Odds Scanner Partners strictly prohibits any fraudulent actions by the Affiliate.
Every Affiliate site must be authorised by Odds Scanner Partners in order to start promoting a Merchants campaign. The authority granted by Odds Scanner Partners guarantees that the Affiliate site is in compliance with all the requirements of the Merchant referred on the Annex A.
Merchant’s visuals and hyperlinks should be placed only on sites that Odds Scanner Partners has authorised. In case of deliberate use of banners or hyperlinks on a site not authorised by Odds Scanner Partners, the Affiliate will be immediately suspended and this may lead to termination of the agreement.
The Affiliate shall not bid on the Odds Scanner Partners’ Intellectual Property Rights (or misspellings thereof) as keywords or other search terms within paid search activity.
Commision and Payments
Odds Scanner Partners will be tracking every visit to the Merchant’s site. Based on the information gathered the Affiliate commission will be determined and paid by the Merchant.
The Affiliate shall invoice Odds Scanner Partners at the end of each month, on a monthly basis, based on the commission calculated and available on the Platform for tracking.
Payments shall be made on a monthly basis within fifteen days after receiving the invoice of the Affiliate, provided that the amount due exceeds €250 (two hundred fifty euros). If the amount is below €250, the amount will be transferred over to the next month, or until the €250 threshold has been met.
Please kindly note that at all times we will try to pay You on time, but at no point we will be liable in any manner whatsoever for late payments due to third-party actions, technical issues, or any other circumstances that may have been unforeseen.
In the case where an account is not authorised either by means of due diligence documentation not provided by the Affiliate or in the case of suspicion of fraudulent or incorrect trading through our company, we have the right to take the following actions:
- Pause payments due to suspicion of fraudulent or illegal activities carried out by the Affiliate;
- Transfer the payment over to the next month due to unsubmitted documentation;
- Cancel the payments attributed to the Affiliate due to illegal, prohibited, or fraudulent activities.
Odds Scanner Partners has wide discretion to make extraordinary decisions regarding payments when illegal activity is suspected.
Affiliates will be required to enter their payment information into their account to ensure that the payments are processed on time; only Affiliates are responsible for such information and its validity. We will not contact You to inform You to update Your payment details, we will not be liable or accountable in any manner for Your failure to upload Your details or upload the correct details.
For Cost Per Acquisition (CPA) commission structures, the Affiliate understands and agrees that players must deposit at least the baseline amount specified for the campaign and complete all wagering requirements as outlined in the campaign terms. No commission will be paid until both deposit and wagering requirements are fully met. Odds Scanner Partners reserves the right to withhold CPA payments if these requirements are not satisfied in accordance with the campaign terms.
If the relationship between Odds Scanner Partners and a Merchant is terminated, for any reason and by decision of either party, Odds Scanner Partners shall have the right to terminate the Affiliate’s rights in relation to such Merchant, and the Affiliate shall no longer be entitled to any form of payment or commission from any revenues generated from such Merchant, including but not limited to revenues from any Referred Players previously introduced or referred to such Merchant’s Website(s), effective from the date of termination of the agreement between Odds Scanner Partners and the Merchant. For clarity, no further payments shall be due to the Affiliate in respect of such Merchant regardless of any previous referrals or historic revenue generation.
Spam, Parasites, Adware, Spyware, Etc
By accepting our T&C you explicitly agree that you will not use Adware, Spyware or any other method of manipulating traffic to generate such traffic. You are bound by these T&C not to use practices such as Spamming SMS/Text Messaging, Pirated Content locking, Social Phishing/Spamming.
Odds Scanner Partners has zero tolerance for sending spam and unsolicited emails, and Odds Scanner Partners prohibits the use of third-party, purchased, rented, or harvested lists. Any Affiliate account found to be sending spam will be closed immediately and subjected to possible legal action.
If you violate such terms we have a right to suspend, remove your account, with a prior notice given in any way may see as appropriate in accordance with law. The Affiliate shall be solely responsible for any and all costs, expenses, liabilities, fines, penalties, and legal fees that may arise from or be related to its violation of these terms, including but not limited to the use of spam, adware, spyware, or any other prohibited methods. Odds Scanner Partners shall have the sole and absolute discretion to determine what constitutes a violation of these terms, and such determination shall be final and binding upon the Affiliate.
Cookie Stuffing
Cookie stuffing, also known as cookie dropping, refers to the practice of inserting cookies into a Referred Player’s device without their explicit knowledge and consent, with the purpose of generating revenue through affiliate links or tracking mechanisms.
This includes but is not limited to the unauthorised placement of tracking cookies without explicit user consent or knowledge. The Affiliate acknowledges that if it cannot use cookie stuffing or cookie dropping.
If the Affiliate performs cookie stuffing, Odds Scanner Partners is entitled to take the following actions:
- Immediate suspension of the relevant domain
- Account suspension pending investigation
- Email notification to the Affiliate
- Forfeiture of all commissions related to traffic from the suspended domain
- Possible termination of the Agreement
Odds Scanner Partners maintains sole discretion in determining violations and appropriate actions.
Fraud
All actions aimed at artificially increasing the commission owed to the Affiliate are prohibited.
Any action carried out (automatically or otherwise) by the Affiliate with the aim of generating commissions shall be considered fraudulent. Similarly, any action that does not respect the implementation methods for a marketing campaign may be deemed fraudulent by Odds Scanner Partners.
In the event of fraud, the contract will be terminated with immediate effect, without notice and without any compensation. If applicable, Odds Scanner Partners will request the reimbursement of amounts unduly paid to the Affiliate, and reserves the option of commencing legal proceedings against the Affiliate. It is considered fraudulent action and shall not be taken into account in the calculation of commissions:
- artificial, repeated clicks not made by a web surfer (meaning an individual freely choosing to click on an advertiser’s visual element), carried out by a robot, software or by any other means;
- forced clicks: a forced click is considered to be a click on an advertiser’s visual element imposed on a web surfer in order to grant this latter’s access to the partner’s website, to confirm an action – such as participation in a game, to send a message, etc. (this list is not intended to be exhaustive);
- cookies stuffing: insertion of cookies into a Referred Player without their explicit knowledge and consent, with the purpose of generating revenue through affiliate link or tracking mechanisms;
- the automated generation of e-mail addresses;
- clicks obtained using modified tags;
- clicks obtained using tags placed on a website that has not been declared by the partner;
- the multiple registration of the same state in order to mislead the advertiser; and
- If several players referred by an affiliate are depositing only once and the deposit amount is exactly or slightly above the baseline required to trigger the CPA commission, this will be considered fraudulent activity
Affiliates must only advertise on approved websites depending on guidelines provided by the Merchant to Odds Scanner Partners and cannot use adult/torrent/incentivised/Popups/ pop-unders/cookie dropping. Media sources/websites shall not contain libellous, discriminatory, obscene, unlawful or otherwise unsuitable material such as commercial misleading or aggressive content, underage gambling, pornography, hate speech, racism, misogyny, bigotry, violence, or use of firearms or other material that falls into another similar category (if any). Odds Scanner Partners will not tolerate any incentivized traffic, and therefore, such actions will be not tolerated and might result in withheld commission or even blocked account.
The Affiliate shall be solely responsible for any and all costs, expenses, liabilities, fines, penalties, and legal fees that may arise from or be related to its fraudulent actions, whether direct or indirect. Odds Scanner Partners shall have the sole and absolute discretion to determine what constitutes fraudulent activity under these terms, and such determination shall be final and binding upon the Affiliate.
The Affiliate acknowledges and agrees that Odds Scanner Partners will not pay any commission for traffic or players acquired through fraudulent means, including but not limited to:
- Cookie stuffing or cookie dropping
- Pop-ups and pop-unders
- Automated clicks or forced clicks
- Multiple registrations from the same user
- Incentivized traffic
- Any other deceptive or manipulative practices
This list is non-exhaustive, and Odds Scanner Partners reserves the sole right to determine what constitutes fraudulent traffic.
Termination
These T&Cs shall take effect from the approval of Your Account and shall continue for an indefinite period unless terminated by either Party in accordance with the provisions set out herein.
Termination for cause
Odds Scanner Partners with immediate effect, if:
a. the Affiliate commits a material breach of the T&C that cannot be remedied;
b. the Affiliate fails to remedy a material breach of the T&C within three (3) Business Days of receipt of the notice by Odds Scanner Partners;
c. the Affiliate becomes insolvent.
Termination for convenience
Odds Scanner Partners may terminate this Agreement for convenience upon thirty (30) days’ advance written notice to the other Affiliate.
Termination for no use
Any Affiliate account with no FTDs for 6 months (six months) will be considered inactive and shall be automatically closed. All pending commissions related to this account will be paid to the Affiliate.
Voluntary termination
You may close Your account at any time. You may do so by contacting us directly at [email protected]. Closure of the account will result in no further payments to be distributed.
In the event of termination of this Agreement, the Affiliate shall immediately cease using the Platform. The Affiliate shall immediately return all confidential information received to Odds Scanner Partners.
Indemnity
Each Party shall hold harmless and indemnify the non-breaching Party with respect to all Losses suffered or incurred by the non-breaching Party due to any obligation breached by the breaching Party, representations and warranties, and/or any Applicable Law.
Each Party shall be liable to the other Party for any breach by its or any Group Company’s directors, employees, or service providers.
Limitation of Liability
To the extent permitted by law, each Party’s aggregate liability in contract, tort, and misrepresentation in connection with the T&C shall be limited to double the amount received or paid under the T&C in the last twelve (12) months.
To the extent permitted by law, in no event shall either Party be liable to the other Party (or any of its Group Companies, directors, employees, and service providers) for any consequential and/or incidental losses (including lost profits, business, or goodwill) or punitive damages suffered or incurred by the other Party (or its Group Companies, directors, employees, and service providers) in connection with the T&C, even if advised of the possibility of such losses.
This limitation of liability does not apply to the breach of the Rights and Obligations of the Affiliate.
Personal Data and Cookies
Odds Scanner Partners’ Privacy Policy (available at https://oddsscanner.com/privacy-policy) is incorporated by reference into these T&Cs.
The Affiliate shall, at all times, comply with the obligations arising from the Data Protection and Privacy Legislation.
You must comply with all your obligations as established under the General Data Protection Regulation (GDPR), and any other obligations you may have relevant data protection law as amended and in force from time to time, and the EU Data Protection Directives on electronic communications (Directive 2002/58 / EC, as amended by Directive 2006/24 / EC and Directive 2009/136 / EC and its subsequent amendments); also comply with all other applicable privacy laws and regulations worldwide. According to the Privacy Policy, information (not just personally identifiable information) may not be retrieved or stored on a person’s personal device/s unless the person: (i) has been clearly and fully informed of why this happens and/or (ii) has given their consent when this applies as per case. You must notify users of your website that tracking technology will be installed on their hard drive when they click the links and you must obtain their consent to this tracking, before retrieving or storing information from a person’s computer, smartphone, mobile phone, tablet or other device. You acknowledge that all data relating to players is and will remain the exclusive property of the Merchant. Any access to customer-related data is solely made in your capacity as a data controller within the meaning of the GDPR.
Intellectual Property
All content provided on this website, including the text, graphics, images, logos, layout, illustrations, video, audio, icons and software is protected by copyright. We grant to You only for the specific campaign a non-transferable, non-exclusive, revocable licence to use the Platform, trademarks and trade names of the Merchants with commercial purposes. We reserve all other rights.
We are the owner or the licensee of all intellectual property rights in the Platform and in the material published on the Platform.
You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these T&C.
You agree not to infringe, directly or indirectly, the intellectual property rights of Odds Scanner Partners and the Merchants on the Platform of Odds Scanner Partners.
Nothing in this T&C constitutes a licence, assignment, transfer or other intellectual property law, including, without limitation, patents, trademarks, copyrights, database.
The Affiliate represents and warrants, that the domain and the content of the Affiliate’s Websites and/or Apps, including the Intellectual Property Rights therein, are owned by or licensed to the Affiliate. The Affiliate shall be solely responsible for the content of its Websites and/or Apps.
Confidentiality
The Parties shall not disclose Confidential Information to any third-parties.
A Party may disclose Confidential Information:
a. to the extent necessary to perform its obligations under the T&C;
b. to its directors, employees, or service providers on a need-to-know basis;
c. to exercise its rights against the other Party in court proceedings if there is a dispute between them;
d. as may be required by law, a court of competent jurisdiction or any governmental authority.
Upon expiry or termination of the Agreement, the Affiliate shall immediately return to Odds Scanner Partners (or destroy, at the Odds Scanner Partners request) all documents containing Confidential Information, including copies, in its possession.
The Affiliate shall ensure that the persons to whom they disclose Confidential Information are bound by a confidentiality obligation as per this clause. The Affiliate is liable for any breach of this clause by those persons.
Assignment of Rights
The Parties are independent contractors, and nothing in the Agreement shall be construed as creating an employment relationship, a principal-agent relationship, a partnership, or a joint venture between the Parties.
Neither Party shall have authority to assume obligations or liabilities in the name and on behalf of the other Party.
Waiver
A failure or delay in exercising any right or remedy under the Agreement shall not constitute a waiver of that right or remedy. A partial exercise of any right or remedy shall not prevent the further exercise of that right or remedy. A waiver of a breach of the Agreement shall not constitute a waiver of any other breach.
Third-party rights
Except for the rights of the Odds Scanner Partners’ Group Companies conferred under the Agreement, a person who is not a party to the Agreement shall not have any rights to enforce any provisions of the Agreement.
Entire Agreement
These T&C constitute the entire agreement between You and Odds Scanner Partners. This agreement supersedes and replaces all prior agreements, may it be written or oral. Failure by either party to enforce any provision of these T&C cannot be seen as a waiver of future enforcement of any other provision.
Severability
Each of the provisions of these Terms of Use operates separately. If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Queries and Complaints
If You have a complaint, concerns, questions or comments You can contact us by email at [email protected] Our team members will endeavour to reply to You within 10 days, unless there are external factors causing delays.
We shall use its reasonable efforts to resolve a reported matter promptly. We will endeavour to resolve the issue and avoid any recurrence in the future.
We reserve the right to keep all the information and personal data in relation to Your complaint, to the extent that this is required or permitted by law.
Governing Law and Jurisdiction
The T&C and all matters relating to it, including non-contractual obligations, shall be governed by Maltese law, excluding international private law.
In the event of any dispute, controversy or claim arising out of or relating to these T&Cs, or the breach, interpretation, termination, or validity thereof, the parties agree to refer such dispute, controversy or claim to arbitration. The arbitration shall take place under the Rules of Arbitration as established under the Malta Arbitration Act (Cap 387 of the Laws of Malta), as in force at the time the dispute is referred to it. The place of arbitration shall be in Malta. There shall be one arbitrator jointly appointed by both Parties or in default of agreement on the arbitrator there shall be three arbitrators appointed in accordance with the said Rules. The arbitration shall be held according to the laws of Malta both insofar as matters of procedure as well as in relation to substantive matters. The language to be used in the arbitral proceedings shall be the English language. The Parties agree that the award of the arbitrators shall be the sole and exclusive remedy between them regarding any claims, counterclaims or other issues arising out of these T&Cs, and the award shall be final and binding.
Language
These T&Cs are written in English. In the event these T&Cs are translated into another language and there is a discrepancy between the English version and the translation, the English version shall prevail.
Annex A
This Annex shall apply to all marketing communications regardless of the media platform or of the technology used. All Affiliates shall commit to implement and uphold this Guidance.
The Affiliate shall not use marketing communication on controversial, rude, or adult-themed websites and if found to be doing so, We reserve the right to request the removal of all materials and close the Affiliate account, where necessary.
The Affiliate agrees to comply with intellectual property laws and not infringe any brands or Merchants rights.
The Affiliate shall not publish any communication or advertising promoting any type of bonus.
The Affiliate explicitly agrees to comply with all legal requirements and all marketing laws in different jurisdictions. The Affiliate at all times shall include information about Terms and Conditions applicable to promotion (with a link to T&C’s where applicable) and any other reasonable gambling requirements depending on jurisdiction (eg. “18+” or references (hyperlinks) to responsible gambling websites). Affiliate is solely responsible for adhering to all legal requirements from time to time sent by Odds Scanner Partners or as made available on Merchants websites.
Marketing communications shall be legal, decent, honest, truthful, and socially responsible. Therefore, marketing Communications must not:
- portray, condone or encourage behaviour that is criminal or socially irresponsible or could lead to financial, social or emotional harm, or directly or indirectly encourage anti-social or violent behaviour;
- suggest that gaming can be a resolution to social, educational, professional or personal problems;
- suggest that gaming can be an alternative to employment, a solution to financial concerns or a form of financial investment;
- portray gaming as socially attractive or suggest that it can enhance personal and, or professional qualities, for example by improving self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration;
- portray gaming in a context of toughness or link it to resilience or recklessness;
- portray gaming as indispensable or as taking priority in life, for example over family, friends or professional or educational commitments;
- suggest that solitary gaming is preferable to social gaming;
- suggest peer pressure to game, or disparage abstention from gaming;
- suggest that skill can influence the outcome of a game that is purely a game of chance;
- provide false or untruthful information about the chances of winning or expected return from gaming;
- exploit cultural beliefs or traditions about gaming or luck;
- make reference to instantly available consumer credit services, or any other ways of providing credit to players;
- tarnish the goodwill and privilege that is associated or related in any manner whatsoever to an authorised person or tarnish the image or reputation of another authorised person.
Gambling marketing should not be:
- Displayed during audiovisual programmes or on digital platforms where Minors are expected to be the primary audience, this includes in TV ad breaks immediately before or after dedicated broadcasts for Minors;
- Displayed in print media (e.g. comic books, magazines), which specifically target Minors;
- Reproduced on merchandised material such as clothing, equipment or products intended for use by Minors.
The Affiliate agrees to comply with The European Gaming and Betting Association’s (EGBA) Code of Conduct that has been implemented to enhance responsible gambling and minor protection through the promotion of responsible advertising measures for online gambling. The Code is intended to be applicable in all EU, EEA countries and the UK.
Annex B
This document is a guidance in crafting, executing, or producing promotional campaigns and advertising initiatives on the Brazilian market. It outlines the principles, relevant laws, regulations, and industry standards.
All communication, advertising, publicity and marketing activities in any type of piece, material or insertion, including in the digital environment, must display the warning about responsible gambling and contain an ‘18+’ symbol or a ‘no-one under 18’ warning;
This message must appear legibly, clearly and prominently, and a phrase may be chosen from those suggested below:
- Jogue com responsabilidade.
- Apostar pode levar à perda de dinheiro.
- As chances são de que você está prestes a perder.
- Aposta não é investimento.
- Apostar pode causar dependência.
- Aposta é assunto para adultos.
In case of video, the Responsible Gambling and +18 warning message must be spoken by the person being recorded on the video.
Additionally, on the website we must include the following links https://www.gamblingtherapy.org/pt-br; https://jogadoresanonimos.com.br/ and https://ibjr.org/
The warning clauses must be clear, legible and proportionate to the rest of the communication and advertising activity and be at least ten per cent (10%) of the length or size of the advert, depending on the type of media.
Prohibited actions
The following actions are prohibited by law and it shall be penalised in case of breaching:
- suggest obtaining easy winnings or associate the idea of success or extraordinary skills with betting;
- promote or encourage exaggeration in the practice of betting (Eg: keep betting to increase the chances of winning);
- contain calls to action, suggesting immediate action on the part of the bettor, appeals for pressure to play the game, as well as stimulates exaggeration, excessive repetition or irresponsible gambling (Eg: click to bet NOW);
- present betting as a priority in life;
- establish a link between betting and personal and financial success;
- link gambling to illegal or discriminatory attitudes or behaviour;
- contain false or misleading information;
- make misleading claims about the odds of winning;
- use sexual messages or the objectification of physical attributes;
- promote the use of the product as a means of recovering amounts lost in previous bets or other financial losses;
- contribute in any way to offending the cultural beliefs or traditions of the country, including those contrary to betting;
- suggest or induce the belief that:
- betting is an act or sign of virtue, courage, maturity or associated with personal or professional success or achievement;
- abstaining from betting is an act or sign of weakness or associated with any negative quality;
- betting can be a solution to social, professional or personal problems;
- betting can be an alternative to employment, a solution to financial problems, a source of additional income or a form of financial investment; and
- skill, dexterity or experience may influence the outcome of a bet on a sporting or online gambling event.