iGB E-zines iGB e-zine Affiliate Marketing | Page 6

Part 1: Affiliates and the pendulum-swing against igaming marketing of regulations either directly or indirectly affecting affiliates in the UK) is “well overdue”, suggests John Hagan, founding partner at Harris Hagan and chairman of the Industry Group for Responsible Gambling (IGRG). “Affiliates need to be advertising in a socially responsible way,” he says. “They need to be acting as if they were licensed themselves. Now, I don’t believe there is any appetite on the part of the Commission to license affiliates themselves but if they don’t act in a responsible way, then they will find that operators won’t work with them.” An industry split This is a stark either/or choice. Sarah MacDonald, senior associate at Wiggin, agrees with Hagan’s prognosis and suggests that affiliates seeking to carry on in the long term will have to adjust to this new reality. “It stands to reason that if operators are increasingly under the spotlight of the relevant regulators to ensure that their marketing activities are conducted properly, affiliates will need to up their game too,” she says. In many jurisdictions, she adds, an operator is simply not in a position to claim that the marketing of their products and services was produced by an affiliate as a way to relieve them from their compliance obligations. “But what this means is affiliates will need to ensure that they are producing marketing that complies with all the relevant rules,” she adds. “Whilst this may mean that the more non-compliant affiliates find themselves out of work, this is a huge opportunity for those affiliates who understand the regulations to gain the trust of the operators and dominate the sector.” 6 The carrot and the stick Ready or not Those affiliates that are willing participants in this self-elective process of prepping for greater scrutiny are positioning themselves to enjoy better business prospects in a promised land of compliant affiliate marketing. In this way, it can be argued, the regulatory structure in the process of being constructed in various jurisdictions is both a threat and an opportunity. “It’s threat in the sense that affiliates who have not woken up and smelt the coffee – and as a consequence very considerably upped their game in terms of regulatory compliance – will find themselves out in the cold, at least insofar as their relationships, or absence of them, with responsible operators in reputable jurisdictions are concerned,” says David Clifton, co-founder of the Clifton Davies legal consultancy. “It’s an opportunity in the sense that affiliates who commit to education, training and a proper commitment to compliance with advertising, data protection and gambling regulatory requirements will have a sustainable future and a very major competitive advantage over their less responsible rivals.” Knowing there is change afoot and being capable to doing anything about it are, of course, two separate things. The second does not necessarily follow from the first – just ask anyone who has ever studied a mass extinction event. A large part of the reason why the affiliate sector has seen the extensive M&A that it has in recent years can be ascribed to the pressures being placed on affiliates by regulation. Among the smaller players, the enthusiasm to carry on under the weight of a greater regulatory burden and with potentially diminished prospects even if they manage to trim their sails accordingly is likely to be limited. In such circumstances, a sale process can look very attractive. Preparedness for greater scrutiny will be mixed, suggests Clifton. “Some who have heeded the clear and longstanding warning signs are well prepared,” he says. “Others who haven’t, aren’t.” He points to the response in I find it staggering that some affiliates still say, ‘Tell us what to do and we’ll do it’ David Clifton, Clifton Davies Consultancy Under pressure: Regulation and the evolution of affiliate marketing