Marketing Compliance Requirements for Germany

The Affiliate must comply with all laws, regulations, and marketing requirements, including all relevant marketing rules arising of the Interstate-Treaty on Gambling 2021 as well as of the virtual slot machine licence granted by the competent German regulator. A non-exhaustive list of provisions of the Interstate-Treaty on Gambling 2021 can be found in Section 1 of this document. The content and ancillary provisions of the license can be found in Section 2 of this Document

Section 1 - Provisions of the Interstate-Treaty on Gambling

By accepting these terms, the Affiliate confirms to be fully aware and will fully adhere to all conditions as set out by the Interstate-Treaty on Gambling 2021. These include but are not limited to the following key conditions:

The Affiliate may only provide links to and/or information on gambling offers from operators who are in possession of a corresponding permit in accordance with Interstate-Treaty on Gambling 2021 – thus, who are on the white-list downloadable here: Überblick erlaubter Anbieter (Whitelist) – Gemeinsame Glücksspielbehörde der Länder (AöR)
The permitted advertising times must be observed (§ 5 Interstate-Treaty on Gambling 2021). No advertising is permitted between 6 am and 9 pm.
The content of the Affiliate may not be directed specifically at minors or comparably endangered target groups.
Inaccurate statements about chances of winning are prohibited.
Winnings may not be offered in a seductive manner.
Gambling may not be presented as a solution to financial problems.
Use of compulsory information that participation in gambling is only permitted from the age of 18, gambling can be addictive and reference to offers of help (www.buwei.de or www.bzga.de). The mandatory notices must be clearly visible to third parties.

The above list is intended to illustrate some important provisions. It is not intended to be an exhaustive list. There are further requirements that arise from the Interstate-Treaty on Gambling 2021 which must also be adhered to.

Section 2 - Content- and ancillary provisions of the license

Furthermore, the following content- and ancillary provisions of the license must be complied with by the Affiliate. The below numbering is in accordance with the numbering of the content- and ancillary provisions within the License.

The permission holder may advertise his/her authorized gambling offer in accordance with the following content and ancillary provisions:
- a) The advertising must be moderate and limited to what is necessary for achieving the objective of channeling. It is particularly prohibited when it is false, misleading, or contradictory, especially regarding the potential winnings, the number of participants, and the general terms of participation. Advertising that enticingly promises winnings is not permitted.
- b) In advertising, the random nature of gambling must be immediately recognizable to the average viewer.
- c) Advertising that suggests time pressure regarding participation in a gambling activity is not permitted. Specifically, any mention of the remaining time until the deadline in relation to promoting the value of an additional prize on the day of the deadline is not allowed.
- d) Advertising for public gambling that:
  - Portrays gambling as a daily necessity or essential commodity,
  - Emphasizes exclusively and unilaterally the benefits of gambling,
  - Depreciates or implies negative connotations towards abstaining from gambling while promoting that participation in gambling enhances one's social success,
  - Encourages individuals to recoup losses or reinvest winnings,
  - Suggests that participating in the gambling authorized/mediated by this permit could be a reasonable strategy for improving one's financial situation,
  - Implies that gambling can help mitigate financial, social, or psychosocial problems,
  - Simultaneously advertises for illicit gambling, is not allowed.
- e) Regarding bonus promotions or discount systems that are directly or indirectly targeted at players, advertising for such promotions is allowed for the purpose of better achieving the objective of channeling, as per § 1 sentence 1 no. 2 of the Interstate-Treaty on Gambling 2021, for the duration of the validity of this permit. However, the provisions of the Interstate-Treaty on Gambling 2021 for the protection of minors and vulnerable players must be observed. When advertising with discounts and bonuses, the following information must be clearly stated and easily recognizable: the beneficiaries of the promotion, the occasion and duration of the promotion, and the extent of the benefits. The advertising with discounts and bonuses will be evaluated as part of the general evaluation obligation.
- f) Nr. 5.6 Infomercials are prohibited.
- g) Nr. 5.7 The generation of calls from players or individuals interested in gambling to the organizer through the use of free prize draws for the promotion of paid gambling offers is only permissible if the prize draw materials contain a clear indication that calling will also provide information about additional paid gaming opportunities.
- h) Advertising for online casino games, online poker, and virtual slot games that are offered free of charge, as defined in § 6j(1) sentence 1 of the Interstate-Treaty on Gambling 2021, is not permitted.
- i) Advertising for public gambling within the framework of teleshopping or tele-shopping for public gambling is not permitted.
- j) Advertising in print media, programs, or broadcasts that are primarily aimed at minors or similarly vulnerable target groups, as well as advertising on websites that are primarily aimed at minors or similarly vulnerable target groups, is not permissible. Advertising can be considered prohibited if it includes depictions of childlike or youthful role models or idols, or if it directly portrays minors participating in gambling, or if the combination of elements in the advertisement suggests that minors are participating in gambling. In the case of advertising on social networks, it should be restricted to adult users if such an option is provided by the respective network operator. Advertising must not contain elements that are characteristic of children's or youth programs. Advertising that is broadcasted immediately before, during, or after programs for children and adolescents is prohibited.
- k) Advertising in public spaces, such as on billboards, advertising columns (Litfaßsäulen), and on or in public transportation vehicles, is prohibited.
- l) With the exception of jersey and perimeter advertising, as well as similar advertising materials, the following disclosure requirements apply to advertising:
  - aa) Advertising must include mandatory disclaimers that inform about the risks of addiction associated with the advertised gambling activities, the prohibition of participation by minors, and the availability of independent counseling and therapy services.
  - bb) The mandatory disclaimers must be clearly and prominently displayed in the respective communication medium, ensuring their visibility and legibility. The duration of displaying the mandatory disclaimers should be sufficient for an average user to fully comprehend the information.
  - cc) In advertising that consists of multiple consecutive sequences, it is sufficient for the mandatory disclaimers to be displayed appropriately in one sequence at the end of the commercial, ensuring they are given sufficient space. However, it is not permissible to display mandatory disclaimers in a separate banner following the advertisement. The connection to the advertised product must be maintained.
  - dd) When providing information about maximum winnings, it is also necessary to provide clarification regarding the probability of winning and losing.
- a) If the permission holder offers other authorized forms of gambling, advertising in broadcast and internet media between 6 am and 9 pm is only allowed for the other permitted forms of gambling. Solely promoting a brand umbrella is not permissible.
- b) For advertising related to events in sports facilities, the following additional requirements apply, without prejudice to clause 13.l:
  - aa) For virtual representations, the provisions of § 5(4) of the Interstate-Treaty on Gambling 2021 apply accordingly.
  - bb) If the permission holder offers other authorized forms of gambling, umbrella brand advertising on programmable perimeter boards and similar programmable advertising materials, as well as in virtual representations during sports event broadcasts on radio and internet, is only permissible between 6 am and 9 pm each day if it is accompanied by a clear additional statement that only refers to an admissible gambling offer.
  - cc) Advertising for public gambling on jerseys for children and adolescents is not permissible.
- o) In advertising, there must be a reference to the inclusion in the official joint list (known as the "White List") according to § 9(8) of the Interstate-Treaty on Gambling 2021. This requirement also applies when the advertising is created by third parties. Clause 5.12 applies accordingly.
- p) Influencer marketing is not permitted.
- q) Cooperation with individuals who film their own or others' gameplay and promote it through broadcasting or social networks, or livestream it, for advertising purposes, is not permissible.
- r) In the case of internet advertising that utilizes rich media formats (audio, video, animation), the use of triggers, especially, is not allowed.
- s) Third parties entrusted with advertising, especially for online advertising on third-party websites, must be obligated to comply with legal regulations and the provisions stated in this notification. These obligations should be passed on to those responsible for each individual advertisement, particularly in the case of affiliate marketing.
- t) Affiliate marketing is only permissible on the condition that the affiliate's website exclusively links to gambling offers from organizers who possess the corresponding permit according to the Glücksspielstaatsvertrag 2021 (State Treaty on Gambling).
- u) All advertising content (text, images, audio, video) of the permission holder on affiliate partners' websites must be clearly identified as such. However, this requirement does not apply to independently created editorial content by the affiliate, such as user reviews on comparison portals. Upon accessing the website, there should be a clearly visible and adequately sized disclosure regarding the affiliate's compensation in the event of registration with the presented gambling providers. The duration of displaying this disclosure should be sufficient for an average user to fully comprehend the information.
- v) Paid publications must be designed in a way that makes it clear to the recipient that they are advertisements. Advertising must be clearly distinguished and differentiated from editorial content through noticeable labeling and design. Additionally, general advertising regulations apply. Editorial publications that refer to providers of public gambling, their products, services, or events must not cross the line into covert advertising.
- w) Advertising for virtual slot games and online poker is prohibited during public film events that primarily target children and adolescents. Furthermore, it is only permissible after 9:00 PM.
- x) In relation to the organization and self-distribution of virtual slot games or advertising for them, the use of the terms "casino" or "casino games" is not permitted. If an organizer holds permits for both virtual slot games and online casino games, the terms "casino" and "casino games" may be used in umbrella brand advertising and advertising for online casino games. However, the direct use of these terms for naming or advertising virtual slot games/online poker is not permissible.
- y) The recordings of broadcast and internet advertising broadcasts must be kept for the duration specified and presented to the supervisory authority upon request. Regarding broadcast advertising, the broadcasting times and slots should be documented, while for internet advertising, the third-party websites, affiliates, social networks, advertising partners, newsletter distribution, and respective advertising times should be continuously documented in an electronic spreadsheet and kept for the duration of the permit. Upon request, these tables must be submitted to the supervisory authority.
- z) Any significant changes or additions to the advertising concept and any substantial deviations from the advertising concept must be promptly reported to the licensing authority. The licensing authority must be provided with an updated version of the advertising concept every two years from the date of permit issuance.