IT Marketing Guidelines
Affiliates – Guidelines on communications relating to the Italian business
The following guidelines (the "Italian Guidelines") are an addendum to the Affiliate Terms and Conditions(the "Terms and Conditions")in place between WHG (International) Ltd. with its registered address at 6/1 Waterport Place, Gibraltar ("William Hill") and you acting as an affiliate (the "Affiliate") which regulates the relationship with the Affiliate, following the coming into force of Article 9 of the Law Decree 12 July 2018, No. 87 (the "Dignity Decree") and of the guidelines issued by the Italian Communications Authority ("AGCOM Guidelines"). The addendum is performed pursuant to clause 7 of the Terms and Conditions. The Dignity Decree and AGCOM Guidelines are collectively defined as "Italian Gambling Advertising Regulations" The Affiliate shall read these Italian 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 Italian Guidelines, terms with a capital letter shall have the same meaning as the Terms and Conditions.
2. Effective Date and Scope of application
The Italian Guidelines will take effect and will be binding from the earlier of (i) their date of their publication on the website affiliates.williamhill.com; and (ii) 15th July 2019 (the "Effective Date").
By continuing to participate in the WHAP and/or perform the activities subject of the Terms and Conditions, following the Effective Date, the Affiliate agrees to be bound to the Italian Guidelines.
The Italian Guidelines are applicable to all activities targeted at or involving users located in Italy and/or in relation to www.williamhill.it and all other sites and Apps run by or on behalf of the companies of the William Hill group which are targeted at Italian users (the "Italian Sites"). In case of discrepancies between the Terms and Conditions and the Italian Guidelines, the Italian Guidelines shall prevail in respect of the Italian Sites.
If the Affiliate does not accept to be bound by these Italian Guidelines, then it shall immediately cease any activities, pursuant to or connected with the WHAP, in Italy.
3. Affiliates' Obligations
It is the Affiliate's obligation to ensure that any information or messages it provides to the public in its performance of services pursuant to the WHAP (and in accordance with the Terms and Conditions) with reference to the Italian Sites is exclusively aimed at informing users about the products and services offered by William Hill. The Affiliate is expressly prohibited from sending messages including or posting links to, any commercial content or communication, in particular, where such content includes a specific call to action (i.e. includes an invitation to participate in a specific promotion or register to a given platform).
Further, the Affiliate is expressly prohibited from promoting or sharing any messages that contain a sense of urgency or use 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".
Such claims must instead 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";
- "Più informazioni / More information".
In summary: the Affiliate can only post, send, share or link to informative communications and must not send or make available any communications that are in breach of the Italian Gambling Advertising Regulations or contain either a call to action to gamble/bet or an invitation to bet/gamble.
3.1 Display of logos
The Affiliate is allowed to:
- advertise on free sports product and news websites (but advertisements cannot be an indirect advertising of the Italian Sites and have to be independent from advertisements of the Italian Sites); and
- display URL and domain names of Italian Sites (e.g. www.williamhill.it) and their logos only for informative purposes (in addition to the display of responsible gambling logos and any other information required by Italian gambling law). Banners designs must be as neutral as possible and convey only an informational purposes.
The Affiliate is not allowed to conduct paid advertising relating to keywords or other material referring to gambling operators on Google and through the purchase of back links.
3.2 Comparison of sporting odds, jackpots and commercial offers
Odds and commercial offers (e.g. bonuses, jackpots and features of the games/websites) of different operators may be used in comparison and provided to users and website visitors through an informative (and not promotional) communication. For example the following types of claim are allowed since they are providing a comparison with other gambling operators' odds and commercial offers:
"Se depositi X € su www.williamhill.it, hai diritto ad un bonus pari a X €. Informazioni sull'offerta su www.williamhill.it"/ "If you deposit X € at www.williamhill.it, you are entitled to a bonus of X €. Information about the offer at www.williamhill.it".
In the event the Affiliate wishes to display advertising banners of William Hill only, related to William Hill’s odds and commercial offers without mentioning competitors' odds and commercial offers, the banners must contain a claim of superiority over the rest of the market, and such claim must be supported by evidentiary data. For example these types of claim are allowed: "Su www.williamhill.it sono presenti le migliori quote della serie A il giorno della partita. Per saperne di più clicca qui"/ "On www.williamhill.it are available the best odds of the serie A on the day of the match. For more information click here".
Odds and commercial offers must be phrased using neutral language.
3.3 Retention activities
The communication of information such as the reporting of odds and commercial offers via email, SMS, direct messages or push notifications is only permitted when users expressly request it, and provided that such content is strictly limited to what users asked for. The delivery of CRM and/or marketing communications is prohibited.
The Affiliate may not ask users if they wish to receive marketing communications, but instead invite them to subscribe to a service relating to the provision of information on odds/promotions, leaving the possibility to the user to select the type of events/promotions/products on 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 subscribed to the service of updating odds and commercial offers of gambling operators affiliated to us".
4. Our Rights and Remedies
In case of: breach of the obligations set out in these Italian Guidelines; or the Affiliate’s negligence in respect of, or breach of the Italian Gambling Advertising Regulations; or any other failure by the Affiliate in any way to meet his/her obligations hereunder, the following remedies will be available to William Hill:
- the right to suspend such Affiliate’s participation in the WHAP for such period as is required to investigate any activities of the Affiliate that may be in breach of the Italian Gambling Advertising Regulations;
- 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 William Hill in respect of) the amount of fines and any further damage, including in respect of any reputational damages, actually or potentially suffered by William Hill, the companies of the William Hill group and/or any of the individuals or companies instructed or employed by them, whether by way of direct or indirect consequence of the breach of by Affiliate of such obligations ; and
- the right for William Hill to immediately terminate the Terms and Conditions with the Affiliate.
5. Governing Law.
The validity, construction and performance of the Italian Guidelines and any claim, dispute or matter arising under or in connection to the Italian Guidelines or its enforceability shall be governed and construed in accordance with the laws of Italy and/or England and Wales (as appropriate).