Affiliates – Guidelines on communications relating to the Spanish business
The following guidelines (the “Spanish Guidelines“) are an addendum to the MrAffiliate Program Terms and Conditions (the “Terms and Conditions“) in place between Admar Services (Gibraltar) Limited, a company registered in Gibraltar with registered company number 113955 and its registered office at 6/1 Waterport Place, Waterport Road, Gibraltar, GX11 1AA (“MRG“) and you acting as an affiliate (the “Affiliate“) which regulates the relationship with the Affiliate, following the Spanish Royal Decree 958/2020, of 3 November, on commercial communications of the gambling activities (the “Royal Decree”). The Spanish Guidelines is performed pursuant to clause 17 of the Terms and Conditions. The Affiliate shall read these Spanish Guidelines carefully to ensure that it understands its obligations, as well as the potential liabilities should it fail to comply with them. Unless otherwise defined in these Spanish Guidelines, terms with a capital letter shall have the same meaning as the Terms and Conditions.
2. Effective Date and Scope of application
The Spanish Guidelines will take effect and will be binding from the earlier of (i) the date of their publication on the website affiliates.williamhill.com; and (ii) 1 May 2021 (the “Effective Date“). By continuing to participate in the MrAffiliate Program and/or perform the activities subject to the Terms and Conditions, the Affiliate agrees to be bound to the Spanish Guidelines following the Effective Date. The Spanish Guidelines applies to all activities targeted at or involving users located in Spain and/or in relation to www.mrgreen.es and all other sites and Apps run by or on behalf of the companies of the MRG group, which are targeted at Spanish users (the “Spanish Sites“). In case of discrepancies between the Terms and Conditions and the Spanish Guidelines, the Spanish Guidelines shall prevail in respect of the Spanish Sites. If the Affiliate does not accept being bound by these Spanish Guidelines, it shall immediately cease any activities pursuant to or connected with the MrAffiliate Program in Spain.
3. Affiliates’ Obligations
The Affiliate must ensure to meet the following requirements:
- Have “mechanisms to prevent access by minors”;
- Disseminate, periodically, messages about safe gambling.
Furthermore, the Affiliate shall not include commercial communications from MRG or members of its group on its website if the Affiliate disseminates those of other operators without an enabling license in Spain.
If the MRG Approved Content is distributed through any kind of social media, the Affiliate can only continue to do so if the following conditions are met:
- usage of a platform that allows the Affiliate to prevent commercial communications from being directed to minors;
- usage of a platform that allows the Affiliate to block or hide pop-up ads;
- Dissemination of responsible gaming messages regularly;
- sending commercial communications only to:
- users who follow gambling operators or platforms dedicated to providing gambling Information;
- users who have expressed an active interest in gambling activities, as long as they can eliminate their preference for this interest;
- users who are clients of a gambling operator or a platform dedicated to disseminating gambling information.
If the MRG Approved Content is broadcasted through a video-sharing platform, the Affiliate may only continue to do so if the following conditions are met:
- usage of a platform that prevents commercial communications from being directed to minors and usage of all available mechanisms to this end;
- usage of a platform that allows you to block or hide pop-up ads;
- usage of a platform that allows establishing models of time slot control;
- broadcasting of commercial communications only between 1 am and 5 am;
- the channel from which commercial communications are broadcast is dedicated to offering information on gambling activities; and
- dissemination of responsible gaming messages regularly.
In addition, and regardless of the channel the Affiliate uses, the Affiliate may not broadcast commercial communications about William Hill promotions, in accordance with Art. 13 of the Royal Decree. The requirements set forth herein are intended to facilitate understanding of your obligations imposed by the Royal Decree, and in no case are the exhaustive list of prohibitions and requirements to which your activity is subject.
4. Our Rights and Remedies
In case of (i) breach of the obligations set out in these Spanish Guidelines; (ii) or the Affiliate’s negligence in respect of, or breach of the Royal Decree; (iii) or any other failure by the Affiliate in any way to meet his/her obligations hereunder, the following remedies will be available to MRG:
- the right to suspend such Affiliate’s participation in the MrAffiliate Program for such period as is required to investigate any activities of the Affiliate that may be in breach of the Royal Decree;
- the right to withhold any Affiliate Remuneration due to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Terms and Conditions;
- the right to claim (and the Affiliate hereby indemnifies MRG in respect of) the amount of fines and any further damage, including in respect of any reputational damages, actually or potentially suffered by MRG, the companies of the MRG group and/or any of the individuals or companies instructed or employed by them, whether by way of a direct or indirect consequence of the breach of by Affiliate of such obligations; and
- the right for MRG to immediately terminate the Terms and Conditions with the Affiliate.
5. Governing Law.
The validity, construction and performance of the Spanish Guidelines and any claim, dispute or matter arising under or in connection to the Spanish Guidelines or its enforceability shall be governed and construed in accordance with the laws of Spain and/or England and Wales (as appropriate).