Ohio state state flag on skyscraper building background. 3d illustration

Ohio Sports Betting Advertising and Marketing Affiliate Guidance

Ohio Sports Betting Advertising and Marketing Affiliate Guidance

February 1, 2022

Ohio Sports Betting Advertising and Marketing Affiliate Guidance

By: Sara Dalsheim

On January 31, 2022, Ohio Casino Control Commission (“Commission”) released its third batch of draft rules for legal sports wagering.  So far, none of the Commission’s batches of rules have discussed requirements for marketing affiliates.

Although, the Commission also released on January 31, 2022, a Sports Gaming FAQs page on their website[1], which dedicates an entire section to “Advertising, Marketing and User Recruitment”.  The last FAQ discusses the Commission’s likely requirements for marketing affiliates stating that the “Commission staff is not planning to advance rules that would require licensure [for] affiliate marketers.”  The Commission caveated this language providing that this is not a “formal” answer to the questions around licensure for marketing affiliates.  It is anticipated that the Commission will provide its “formal” answer later this month when the batch of rules is expected to be released for suppliers.

Though the FAQs provide that it is doubtful affiliate marketers will need a license in Ohio, affiliate marketers will likely be required to adhere with the Commission’s advertising standards and “[f]ailure of any affiliate marketer to do so may be held against the proprietor . . . and may result in the Commission seeking a termination of any contractual relationship for Ohio.”  Traditionally, such advertising standards are not directly applicable to marketing affiliates.  It is unclear whether the ultimate responsibility will be with the sports wagering licensee or the marketing affiliate.  We will provide updates regarding requirements and standards for marketing affiliates in Ohio as new batches of rules are released.

 

[1]

Sara Dalsheim

Sara Dalsheim

Sara Dalsheim’s life-long passion for sports and the law fuels her commitment to assisting all players in the sports betting industry, whether in navigating the ever-evolving regulatory and licensing issues inherent in this burgeoning industry or negotiating operations and sponsorship agreements. Sara advises clients throughout the sports betting and gaming ecosystem on how to structure business partnerships that minimize liability and maximize revenues.

Related Practice(s)
Other Advertising Posts
SAFEly symbolic?
Ifrah on iGaming |
Oct 14, 2024

SAFEly symbolic?

By: Sara Dalsheim
Illinois Expanding Regulations over Gaming Ads
Ifrah on iGaming |
Oct 2, 2024

Illinois Expanding Regulations over Gaming Ads

By: Jordan Briggs
Google Now Allows Daily Fantasy Sports Advertisements in Limited States
Ifrah on iGaming |
Jul 18, 2024

Google Now Allows Daily Fantasy Sports Advertisements in Limited States

By: Jordan Briggs
Sports Betting Advertisement Numbers Actually Decreasing
Ifrah on iGaming |
May 2, 2024

Sports Betting Advertisement Numbers Actually Decreasing

By: Jordan Briggs

Subscribe to Ifrah Law’s Insights