Marketing Compliance Requirements for the Netherlands

Schedule A – Marketing Compliance Requirements for the Netherlands

The following terms shall have the meanings given below. Capitalised terms used in this Schedule A but not specifically defined herein shall have the meanings attributed to such terms in the Agreement set out above.

1 | Definition

“AML Act” means the Anti-Money Laundering and Anti-Terrorist Financing Act 2008 (Wet ter voorkoming van witwassen en financieren van terrorisme) as amended or re-enacted from time to time and as its application has been modified by other provisions (whether before or after the date thereof) and shall include any decrees, regulations, instruments or other subordinate legislation made or unacted under such statute or statutory provision. “BGA” means the Betting and Gambling Act (Wet op de kansspelen) as amended from time to time and as its application has been modified by other provisions (whether before or after the date thereof) and shall include any decrees, regulations, instruments or other subordinate legislation made or unacted under such statute or statutory provision, including but not limited to, the Remote Gambling Decree (Besluit kansspelen op afstand), the Decree recruitment, advertising and addiction prevention (Besluit werving, reclame en verslavingspreventie), the Remote Gambling Regulation (Regeling kansspelen op afstand) and the Regulation recruitment, advertising and addiction prevention (Regeling werving, reclame en verslavingspreventie).

“Dutch Regulation” means all of the laws and regulations of the Netherlands, the policy rules (beleidsregels) and guidelines (leidraden) of the Kansspelautoriteit and the policy rules and guidelines of any other Dutch regulatory authority that from time-to-time apply to the subject matter of this Schedule A, including in particular the BGA, the AML Act, the Sanctions Act 1977 (Sanctiewet 1977), the Media Act (Mediawet 2008), the Responsible Gambling Policy Rule (Beleidsregels Verantwoord Spelen), and the Remote Gambling Policy Rule (Beleidsregels vergunningverlening kansspelen op afstand). Furthermore, included under Dutch Regulation is the Advertising Code for Online Games of Chance (Reclamecode Online Kansspelen 2021 “ROK”).

2 | Regulatory Pass-throughs

2.1 | Upon Our request, the Affiliate will, at its own costs, take such steps, as may be necessary to enable Rootz to continuously comply with Dutch Regulations, or any other instruction from the Kansspelautoriteit regarding the Recruitment and Advertising Activities provided by the Affiliate under this Agreement, including without limitation, by permitting the relevant (compliance) officers of Rootz and/or the Group access at the Affiliate for monitoring/auditing purposes. The Affiliate will, upon request of Rootz, provide Rootz with any and all necessary information as may be required from time to time, either for the purposes of the Kansspelautoriteit being able to carry out its statutory duties or Rootz being able to (continuously) comply with Dutch Regulation, including but not limited to reporting obligations or database retention obligations.

2.2 | Without prejudice to the foregoing, the Affiliate hereby acknowledges and agrees that the Affiliate will allow and facilitate any on-site investigation or visit to its offices or premises by the Kansspelautoriteit or any other authorised supervisors, or arrange for such investigation to take place (regardless of whether such request of the Kansspelautoriteit is made to Rootz or directly to the Affiliate). The Affiliate will allow Rootz to make changes to the manner in which the Affiliate performs its tasks and activities.

2.3 | The Affiliate hereby represents and warrants that if it provides the Approved Marketing Materials to any third party to market Rootz Brands through affiliate links, the Affiliate, as a condition of its engagement with such third party, shall incorporate clause 42 of the Agreement, as well as clauses 2.1 and 2.2 of this Schedule A in its agreement with such third party.

2.4 | You hereby represent and warrant that You will not conduct Recruitment and Advertising Activities for Rootz Brands to persons in the Netherlands in case You conduct such Activities in the Netherlands for any gambling operator that does not hold a licence issued by the Kansspelautoriteit to operate in the Netherlands.

3 | Marketing Compliance Requirements

3.1 | Rootz and its Brands complies with the requirements on Recruitment and Advertising Activities, including all relevant marketing rules linked to its Dutch gambling licence. This will include, but not limited to, regulations and requirements from the Dutch Regulation as referred to Paragraph 1 of Schedule A. References to “Marketing” or “Advertising” shall fall under the definition of Recruitment and Advertising Activities.

3.2 | All Recruitment and Advertising Activities conducted by You on Our behalf shall be approved by Rootz prior to being conducted. This assessment shall include the targeted group, content, purport, number and channels where the advertising shall be offered. Furthermore, before We approve Your account, We will advise You to share Your traffic sources, and deem if You are complaint.

3.3 | “Limitations on Advertising” The list of limitations on Recruitment and Advertising Activities below mentioned is not exhaustive.

3.3.1 | Usage of Role Models You shall not make use of Role Models in Your Recruitment and Advertising Activities. Role Models are in any case defined as persons of public renown and persons with whom other persons wish to identify or associate, including persons who derive their fame from past or present activities (e.g., influencers, (former) professional athletes, actors, models and well-known participants in games of chance) and persons visibly holding or portraying an office or profession of which a societal role model exists (e.g., doctors, police officers or teachers).

3.3.2 | Websites and Media Channels | Websites and Social Media

When using social media for recruitment and advertising purposes, You must ensure to use an age filter or a closed group when posting content on (social) media channels. If this filter is not available on the channel you utilise, and it is not possible to guarantee the content will not reach Vulnerable Groups of Persons, then this channel shall not be used. Furthermore, You shall utilise a whitelist containing pre-approved websites and media channels to ensure you comply with the BGA and other Dutch Regulation. | Websites providing unauthorised access to copyrighted content You may not place digital advertisements on websites providing unauthorised access to copyrighted content or otherwise infringing any intellectual property of third Parties.

3.3.3 | Intervention

You shall ensure that You must intervene, and, when necessary, make adjustments to ensure no advertising will reach Vulnerable Groups of Persons.

3.3.4 | Targeting Your Advertising

You shall not target Your advertising to Vulnerable Groups of Persons or to individuals who make use of certain facilities within the context of addiction prevention and care.

Furthermore, your marketing efforts shall not be directed at any person who is not a resident of The Netherlands.

3.3.5 | Design and Content | Rootz must ensure that its Recruitment and Advertising Activities are conducted in a socially responsible manner, compliant with the applicable Dutch Regulation. All advertising and promotional material must contain the following information without exception:

  • The responsible gambling slogan: “Wat kost gokken jou? Stop op tijd 18+”
  • A reference to Rootz Brand Webpage where information (as per Article 5 Decree recruitment, advertising and addiction prevention) can be acquired.
  • This duty extends to all affiliate advertising, including social media pages, or any other links or adverts seen anywhere on the Internet. The design, products, people and language used when conducting Recruitment and Advertising Activities on our behalf must not be appealing to Vulnerable Groups of Persons. | The Recruitment and Advertising Activities conducted by You on our behalf shall not extend to sideline activities in unrelated industries. This means that it is not permitted to make participation in games of chance a condition to the participation in or the procurement of other activities or products. | Recruitment and Advertising Activities must at all times be prudent and balanced.

Preventing excessive participation | The content of the advertisement must not encourage excessive participation. Advertising shall not encourage players to make an impulsive decision. The usage of words such as “Today Only”, “Early Birds”, or the mention of promotions such as “Two for One” or “Happy Hour”, among others, for example, are prohibited. | The advertising shall not imply that players shall benefit from financial gain, happiness, or social acceptance, or to be a lifestyle, or the solution for financial or personal issues. It shall also not be perceived as an alternative to work or financial investment. | The advertisement shall not trivialise the consequences of excessive participation in games of chance, meaning it is prohibited to use references such as 'it is safe to play', “playing is child's play”, “harmless entertainment”, “risk-free” and “completely safe gambling”.

Preventing misleading advertising | The Recruitment and Advertising Activities shall not be misleading. Thus, advertising shall not create the impression that the Consumer has won or will win a prize, or that by performing a certain act the Consumer will win a prize or will obtain another similar benefit, whereas there is only a chance of this happening. | The advertisements shall not present an unrealistic or incorrect picture of the Products of Rootz. | To prevent misleading advertising, the following restrictions apply, in addition to and

  • The advertisement shall not neglect the message that clarifies the duration of the participation in a game of chance or that the free participation in a game of chance is automatically converted into paid participation without the consumer's consent.
  • The advertisement shall not create the impression that the Consumer can generally exercise a dominant influence on the outcome of the Products offered by Rootz.
  • The advertisement shall not create the impression that the Consumer can generally exercise a dominant influence on their winnings by taking part in training, education or online or another course.
  • The advertisement shall not give the impression that the Kansspelautoriteit has approved the recruitment and advertising activities, the games of chance or Rootz, other than through the neutral statement that Rootz has a licence pursuant to the BGA.
  • The advertisement shall not give the impression that Rootz has a European licence or falls under European supervision.

Preventing irresponsible advertising | Rootz has conducted a risk analysis of its Products. In light of this risk analysis, the following restrictions apply to Recruitment and Advertising Activities:

  • Advertisements must not be conducted with a strong recruiting effect for a Product of Rootz which the risk analysis has demonstrated that it has a high-risk potential. Examples include banners, pop-ups or emails in which players are alerted to big bonuses or saving schemes for taking part in these Products.
  • Advertisements must not Increase a risk factor of a Product of Rootz that was identified in the risk analysis. If, for example, the risk analysis shows that the short-odds character of a certain Product entails a high risk of addiction, Recruitment and Advertising Activities that point out the speed of the game and the speed with which the prize is determined increase that risk factor.
  • Advertisements must not encourage players to continue playing, whilst the risk analysis has demonstrated that the Product involves a high-risk potential. Examples of this include bonuses linked to the number of times a person participates in the Product or Recruitment and Advertising activities aimed at creating social pressure (“what if one of your friends will win the prize”).
  • Advertisements must not present a Product as a relatively harmless game, while the risk analysis has demonstrated that it involves a high-risk potential. | Pages dedicated to the provision of responsible gambling information must not contain any links to, or advertisements for, gambling in any context. | No person under the age of 25 (twenty-five) years old shall be used in the advertising of gambling products of any kind. This applies over and above the prohibition to use Role Models in advertisements.

3.5.13 | Affiliates must refrain from including Groups of Vulnerable Persons, persons who are excluded at the level of Rootz to participate in the Products and persons that do not wish to receive marketing relating to the Brand in their marketing database (insofar as the Affiliate has, or can have, knowledge on this).

3.3.6 | Bonus Offering When advertising a bonus, on top of the above mentioned requirements, You must inform players clearly and in full regarding the conditions that apply to the bonus and the nature of the bonus. Adverts for offers or bonuses must not place conditions on customers obliging them to gamble a set amount of time or money or otherwise incentivise them to spend amounts disproportionate to their normal average spend. | No offer of bonus or other kind of promotion shall be tailored to the players' individual gambling behaviour. | No bonus shall be provided to a player who has not explicitly accepted the conditions. | For the sake of completeness, because the offering of a bonus is a Recruitment and Advertising Activities, You shall ensure that no bonus offers are targeted at Vulnerable Groups of Persons. | Bonus offers shall not expire within 24 hours, as this leads to impulsive decisions.

3.3.7 | You shall not send any communication to any person, whether a Customer of Rootz or otherwise, at any time. Any form of any direct marketing communication sent to one or more mailing lists, individuals or newsgroup, notably without limitation via E-mail and/or SMS direct marketing, that concerns whether directly or indirectly The Brands or is sent or can be deemed to be sent on behalf of Us, irrespective of whether to the customer of Brands or otherwise (hereinafter referred to as “Direct Marketing”), shall be strictly prohibited.

4 | Miscellaneous

4.1 | In the event that an Affiliate is in breach of Section 2 or Section 3 of this Schedule A or any third party to which you provide the Approved Marketing Materials to is in breach of Section 2 or Section 3 of this Schedule A, we may withhold any Fees otherwise payable to you under this Agreement and will no longer be liable to pay such Fee to you.