US Online Sports Gambling Terms and Conditions for Advertisers
Effective as of: September 22, 2022
These terms and conditions for online sports gambling (“OSG T&Cs”) shall apply for all US online sports gambling advertising that is made available through the Acast platform.
The OSG T&Cs shall form an integral part of any sales order(s) or other agreements (including the IAB Standard Terms and Conditions Version 3.0 and Acast Addendum) that includes US online sports gambling advertising and is entered into from time to time between Acast and any advertiser or between Acast and any third-party pursuant to an agreement between such third-party and the advertiser (the “Insertion Order”) and shall be deemed to be incorporated therein as of the date of each Insertion Order.
Advertiser and any third-party that is engaged by the advertiser for the purpose of buying US online sports gambling advertising shall hereinafter be referred to as a “Advertiser”.
Acast and Advertiser shall hereinafter be individually referred to as a “Party”, and together as the “Parties”.
The Parties hereby agree that the Insertion Order shall be supplemented with the following:
ADDITIONAL REPRESENTATIONS AND WARRANTIES FOR ONLINE SPORTS GAMBLING:
a. Advertiser hereby acknowledges and agrees that (i) it only facilitates online sportsbook betting and/or online casino gambling that is allowed under federal or state law; (ii) Advertiser only offers such online sportsbook betting and/or online casino gambling within states that have legalized online sportsbook betting and/or online casino gambling; (iii) Advertiser has the appropriate compliance procedures in place to ensure that online sportsbook betting and/or online casino gambling offered falls under what is legally acceptable in each state that the services are offered; (iv) Advertiser has obtained all the necessary and appropriate licensing required to operate in each state; (v) Advertiser’s online sportsbook betting and/or online casino gambling platform has sufficient and relevant security and geolocation measures in place to confirm the appropriate age of the player (as determined by each state’s law where the service is offered) and confirms the physical location of the player while placing and receiving bets; (vi) Advertiser’s online sportsbook betting and/or online casino gambling platform blocks access to minors, people located outside of the state where it would be legal, and/or those otherwise unauthorized by the platform to gamble/place bets; (vii) Advertiser ensures all individuals in the United States using their platform receive a clear and conspicuous disclaimer included in the advertising company’s informational and marketing materials (including its proposed advertisement on Acast’s platform) that under state law in certain states the type of online gambling offered may be illegal and those located in such states cannot use the platform; (viii) Advertiser warrants and represents that a clear and conspicuous disclaimer shall be included in the advertising company’s informational and marketing materials about (a) the appropriate legal age to gamble in states where the gambling is offered as well as (b) relevant gambling responsibility/addiction messaging applicable for each state law; (ix) Advertiser ensures that the advertisement does not contain any misleading statements about the type or nature of the gambling offered; (x) Advertiser warrants and represents that the advertisement contains all necessary information required when advertising the type of gambling under each state’s law where the gambling is offered; (xi) and Advertiser warrants and represents that they are participating in no other gambling activities that would be prohibited under federal or state law.
b. Indemnification. Advertiser shall, without limitation, indemnify and hold Acast harmless for any costs, claims, losses, damages, liabilities or expenses (including legal expenses) made or brought against Acast by a third-party in connection with Advertiser’s failure to comply with this Section. Acast shall promptly inform Advertiser upon receipt of any such claim.
Except as expressly supplemented herein, all other terms of the Insertion Order shall remain in full force and effect. In the event of any conflict and/or inconsistency between the terms and provisions of this OSG T&Cs and the terms and provisions of the Insertion Order as regards to the subject-matter herein, the terms and provisions of this OSG T&Cs shall prevail.