Requirements for Agreements with Third Parties

Introductory

In this section, the rules and regulations regarding agreements between IP-Operators and third parties are addressed.

Substance and Transparency requirements for third party agreements

It is prohibited for the Operator to enter into any agreement that is not of Substance, such as however not limited to agreements in which B2C Services are retained from foreign entities that have not employed any staff.

It is prohibited for the Operator to enter into any agreement that misrepresents the intention of such agreement by content or title, such as however not limited to cost sharing agreements, service agreements and intellectual property license agreements, solely aimed at redistribution of wealth and, or income by other means than via dividend distribution.

Prohibition to shift responsibility

It is prohibited for the Operator to enter into any agreement that shall shift any of its responsibilities for the B2C Services to another person. The Operator shall at all times accept full responsibility for all interactions with End Users, such as however not limited to marketing activities as well as other activities traditionally performed by Affiliates.

Third Parties cannot be allowed to enter into agreements on behalf of the Operator

It is prohibited for the Operator to, without prior approval by CEG, allow any Third Party to enter into an agreement on its behalf. The said prohibition includes any Subsidiaries or the Holding Company of the Operator. As an exception to this rule, the Operator shall be allowed to allow another Third Party to enter as an Intermediary into an agreement on its behalf, if it meets the following, cumulative, qualifications:

(i) the Operator does not qualify as a Subsidiary to any Third Party; and

(ii) the Operator is not allowed by the Third Party to enter into the said agreement, such as in the event, however not limited to the imposed restrictions by the Government of Curacao to receive any income derived from the activities within the jurisdiction of Curaçao via any means including however not limited to the use a local bank account within the Curaçao jurisdiction for the purpose of offering games of chance; and

(iii) the Operator shall by agreement with the Intermediary assume full responsibility for any liabilities deriving from the said agreement with the Intermediary; and

(iv) agreements have been approved by the Aggregator in advance.

White labeling is prohibited

The Operator is not allowed to enter into any agreement to offer B2B Services to Third Parties, such as, however not limited to providing content to a Third Party who is not the End User. The Operator shall only be allowed to enter into such an agreement if the following cumulative conditions have been met:
(i) the Operator has been declared Fit and Proper by the Aggregator to render these services. Whether the Operator is qualified is left to the sole discretion of CEG;
(ii) such agreement has been approved by CEG in advance.

The Operator is required to keep CEG informed at all times

The Operator is required to provide CEG with any relevant information in connection with any agreements, such as however not limited to annexes, enclosures and side letters to such agreements. CEG shall manage and retain a register of all active and inactive agreements regarding the rendering of B2B Services by Third Parties to the Operator. Management and maintenance of the said registry does not constitute a review of the content of the said agreements, for which the Operator remains solely responsible.