Rootz is obliged to ensure that it contracts with reputable third parties and thus, You acknowledge and accept that You cannot operate an Account with Rootz unless You comply fully with all due diligence requests by Rootz as set out in Par.16 of these Terms and Conditions.
When you are carrying out activities on behalf of RootzAffiliates, You shall comply with all applicable legislation, regulations, standards, policies, agreements and guidelines including but not limited to all advertising guidelines, the Alcohol and Gaming Commission of Ontario ("AGCO")’s Registrar’s Standards for Internet Gaming (the "Standards"), the policies of Internet Gaming Ontario ("iGO") and the Operating Agreement between Rootz and iGO, as each may be updated from time to time. You warrant that you will take reasonable measures to stay up to date with all new and amended legislation, regulations, standards, policies, guidelines and agreements, including any updates to existing versions. Furthermore, You agree to comply with all instructions and communications sent by Rootz to You including any applicable policies and procedures of Rootz, the AGCO or iGO in relation to the above.
The list of limitations on advertising below mentioned is not exhaustive.
2.1 | All links for targeted URLs shall be approved by Rootz prior to running Ontario traffic. Approval shall be subject to factors that include, but are not limited to, 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 compliant.
3.1 | Websites and Social Media
When using social media for advertising purposes, You must ensure that You use an age filter or a closed group when posting content on (social) media channels. If such age filters and/or closed groups are not available on the channel you wish to use, and it is not otherwise possible to guarantee the content will not reach high-risk persons, persons under the age of 19, persons who have self-excluded from gambling or persons who are otherwise ineligible to use Rootz’ services pursuant to the Standards, You may not use any such channel. Furthermore, when using Your Website, You shall use a whitelist containing pre-approved websites and media channels to help ensure you comply with the law.
3.2 | 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.
You shall ensure that You intervene, when necessary, making adjustments to ensure no advertising will reach high-risk persons, persons under the age of 19, persons who have self-excluded from gambling or persons who are otherwise ineligible to use Rootz’ services pursuant to the Standards.
You shall not direct Your advertising to high-risk persons, persons under the age of 19, persons who have self-excluded from gambling or persons who are otherwise ineligible to use Rootz’ services pursuant to the Standards.
Without limiting the generality of the above, your marketing efforts shall not be directed at any person who is not physically present in Ontario.
The design, products and people used in Your advertising must not appeal primarily to minors, must not entice or attract high-risk groups, and must otherwise be in compliance with the Standards.
6.1 | The advertising of Games of Chance shall not extend to sideline activities in unrelated industries.
6.2 | The content of Your advertising must not encourage excessive participation in gambling. The content of Your advertising shall not create the impression that the Player has already won or will win a prize or any other similar benefit. Your advertising must also include a mention of the risks of excessive participation in gambling, drafted with the assistance of independent organisations working to prevent and combat gambling addiction.
Any advertising and marketing by the affiliate that communicates gambling inducements, bonuses and credits is strictly prohibited.
You warrant that you shall not engage in direct-to-consumer marketing, direct-to-consumer promotion, or player referral services related to any online gaming sites that facilitate or accept wagers from players in Ontario without an AGCO registration.
You shall not send any direct communication of any kind 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 Rootz’ Brands or that is sent or can be deemed to be sent on behalf of Us, irrespective of whether to the Customer of Rootz or otherwise is strictly prohibited.
Notwithstanding any other indemnification obligations, You agree to defend, indemnify and hold Rootz harmless in respect of any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, which may be incurred or suffered by Rootz as a result of the breach of the obligations set out in these clauses.
In case of a breach of the foregoing provisions or of the Marketing Compliance provisions established in the Terms and Conditions of Use of Rootzaffiliates.com, You undertake to pay a contractual penalty to Rootz in the amount of the fees, which Rootz has paid to you for your advertising services during the past 12 months("Penalty"). Rootz reserves the right to demand the refund of damages exceeding this amount.
