Guidelines for Affiliates on Italian gambling advertising

1. Introduction

The following guidelines (the "Italian Guidelines") are issued by TSG Platforms (Ireland) Limited ("TSG") pursuant to clause 3.4.7 of the Stars Affiliate Club Program Terms and Conditions (the “Terms”) that govern your participation in the Stars Affiliate Club Program.

You are obliged to comply with these Italian Guidelines under clause 3.4.7 of the Terms and any failure to do so will constitute a breach of the Terms.

These Italian Guidelines relate to Article 9 of the Law Decree 12 July 2018, No. 87 and the AGCOM guidelines issued by the Italian Communications Authority, which are collectively referred to in these Italian Guidelines as the "Italian Gambling Advertising Regulations".

You should read these Italian Guidelines carefully to ensure that you understand your obligations as well as your potential liabilities should you fail to comply with them.

2. Effective Date and Scope of Application

These Italian Guidelines have effect from the date of their publication on the website www.starsaffiliateclub.com (the "Effective Date"), however are only applicable to the activities that you undertake as an affiliate in respect of end users located in Italy and/or: (a) in relation to the websites www.pokertstars.it, www.pokerstarscasino.it, www.betstars.it, www.skybet.it; and (b) any other websites operated by REEL Italy Limited (or any of TSG’s other group companies) and directed to end users located in Italy from time to time (together, the "Italian Sites").

In the event of any conflict between the Terms and these Italian Guidelines, the latter shall prevail in respect of their application to the activities that you undertake in respect of the Italian Sites.

3. Communications only on an Informative Basis

You are only permitted to make communications to the public that refer to the Italian Sites or are otherwise targeted at end users located in Italy where such communications inform end users about the products and services offered by TSG generally. We refer to such communications in these Italian Guidelines as being on an “informative basis”.

You are not permitted to make any communications to the public that refer to the Italian Sites or are otherwise targeted at end users located in Italy that are not on an informative basis. In particular, you must not make any communications that include:

  • any specific call to action (for example, an invitation to participate in a specific promotion or register to a given platform); or
  • any message that conveys any sense of urgency or uses any imperative language. By way of example, the following types of claims are prohibited "Deposita subito e non perdere l'occasione/ Immediate deposit and do not miss the opportunity", "Gioca ora / Play Now", "Gioca / Play" and shall be replaced with "Per saperne di più/ If you want more information", "Info offerta/ Information on the offer", "Informazioni sulle quote / Information on the odds", "Continua/Continue" and "Più informazioni / More information".

4. Forms of Advertising

You are permitted to display the URL and domain names of the Italian Sites (e.g. www.pokerstars.it and www.skybet.it) and their logos, in addition to any responsible gambling logos that TSG may provide to you upon request, in communications made on an informative basis.

Where you make such communications on news websites and websites which offer only free-to-play games, you must ensure that such communications do not constitute indirect advertising of the Italian Sites. “Indirect advertising” for these purposes is any form of communication performed in return for either payment or another type of compensation or for self-promotion purposes, to promote the Italian Sites, irrespective of the specific induction of the recipient to purchase the product or service offered (i..e the so-called call to action).

You are not allowed to conduct any key word paid-for advertising on Google or any other search engines.

5. Comparisons of offers

When comparing the odds and commercial offers (e.g. bonuses, jackpots and features of games/websites) of different third party operators, you must provide such comparison to end users on an informative basis.

For example the following types of claim are prohibited "Se depositi X € su www.pokerstars.it, hai diritto ad un bonus pari a X €. Informazioni sull'offerta su www.pokerstars.it"/ "If you deposit X € at www.pokerstars.it, you are entitled to a bonus of X €. Information about the offer at www.pokerstars.it".

6. Referring to a Single Operator

If you display an advertising banner that refers to a single operator (whether TSG or any third party operator) and such banner relates to the operator’s odds and/or its commercial offers without mentioning any of its competitors' odds and commercial offers, where this includes any claim of superiority (compared to the rest of the market), this must be supported by some form of evidence.

For example these types of claim are allowed "Su www.skybet.it sono presenti le migliori quote della serie A il giorno della partita. Per saperne di più clicca qui"/ "On www.skybet.it are available the best odds of the serie A on the day of the match. For more information click here". In this example, the landing page clicked through to would include evidence supporting the claim.

7. Newsletter Subscriptions

You may send communications via email or SMS to end users that subscribe for your newsletters. You may only send such communications to end users that expressly request that you do so, and such communications must be on an informative basis.

In obtaining such consent, you must not ask end users whether they would like to receive marketing communications, but instead may ask them if they would like to subscribe to a service relating to the provision of information on odds/promotions. You must enable all end users to select the type of events/promotions/products in respect of which they want to receive information (as by way of example "richiedo di essere abilitato al servizio di aggiornamento sulle quote ed offerte commerciali degli operatori di gioco a noi affiliati" / "I expressly request to be subscribe to the service of updating odds and commercial offers of gambling operators affiliated to us".

You are not permitted to send communications via email or SMS in any other circumstances without TSG’s written approval, as set out in the Terms.

8. Our Rights and Remedies

If you breach any of the terms of these Italian Guidelines TSG shall have the right, without prejudice to any remedies set out in the Terms, to:

  1. suspend your participation in the Stars Affiliate Club Program for such period as is required to investigate any activities that may be in breach of the Italian Gambling Advertising Regulations;
  2. withhold any revenue share or amount due to you pursuant to the Terms;
  3. claim the amount of any fines and any further damage, including reputational damages, potentially suffered by TSG, the companies within its corporate group and/or any of the individuals or companies instructed or employed by them, as direct or indirect consequence of the breach of the obligations set out in these Italian Guidelines; and
  4. immediately terminate the Terms and your participation in the Stars Affiliate Club Program.