iGaming Affiliate Regulation: How Markets Govern Affiliates

Affiliate marketing has been a pillar of online gambling customer acquisition since the early days of the industry. Affiliates run comparison and review sites, news and tips publications, streaming channels, search and social campaigns. Because they act as an extension of operators’ marketing, regulators have progressively brought them within the regulatory perimeter. This article explains the main regulatory approaches in neutral terms.

How affiliates are paid

Model	How it works	Regulatory considerations
CPA (cost per acquisition)	Fixed fee per first-time depositor (FTD), often subject to a minimum deposit or qualifying criteria	Can incentivise volume over quality; some regulators examine qualifying criteria
Revenue share	Percentage of net gaming revenue from referred players, often for the player’s lifetime	Links affiliate income to player losses; restricted in some jurisdictions
Hybrid	Lower CPA plus a smaller revenue share	Combines both considerations
Flat fee / tenancy	Fixed payment for placement regardless of performance	Treated like conventional advertising

The economics are explained further in gambling industry KPIs explained, which covers CPA, FTD and LTV with worked examples.

Regulatory approach 1: operator liability

The most common model holds the licensed operator responsible for its affiliates. In Great Britain, licence conditions make operators responsible for the third parties they contract with to market their services, and require them to ensure affiliates comply with advertising codes and social responsibility rules. Affiliates are not separately licensed, but the operator must:

• vet and contract affiliates with compliance obligations;
• monitor affiliate content;
• remove or suspend non-compliant affiliates;
• stop affiliates marketing to self-excluded people.

The Gambling Commission has penalised operators for affiliate content, which pushes compliance down the chain through contracts.

Similar operator-liability principles apply in markets such as Sweden, Spain and Brazil, where advertising rules explicitly extend to content published by third parties on operators’ behalf.

Regulatory approach 2: affiliate registration or licensing

Some regulators license or register affiliates directly.

• Ontario. Marketing affiliates must register with the AGCO as gaming-related suppliers before working with registered operators. See Canada.
• United States. Many states require affiliates to hold a vendor licence or registration with the state regulator, with requirements varying by state and sometimes by commission model. Some states have restricted revenue-share arrangements. See United States.
• Other markets. Several newer regulatory frameworks include registration or reporting obligations for marketing partners. Requirements change frequently, so check current rules.

Registration typically involves disclosure of owners, a suitability review and a fee, and allows regulators to act directly against an affiliate.

Regulatory approach 3: restrictions on remuneration

Because revenue share ties affiliate income to player losses, some regulators restrict it. Germany’s 2021 State Treaty includes restrictions on affiliate remuneration models linked to stakes, deposits or revenue; affiliates and operators should check the GGL’s current interpretation. Some US states have taken a similar approach. Elsewhere, revenue share remains common but attracts scrutiny where affiliates benefit from high-loss players.

Advertising rules that apply to affiliates

Wherever an affiliate publishes, the relevant market’s gambling advertising rules generally apply to the content. Typical requirements:

• no content appealing to under-18s, and in some markets no use of sportspeople, celebrities or influencers with youth appeal;
• no misleading claims about winning or bonus value;
• clear and prominent significant terms for any offer;
• mandatory safer gambling messages and age warnings;
• restrictions on bonus advertising where bonuses are banned or capped;
• no promotion of unlicensed operators.

The Netherlands, for example, banned untargeted gambling advertising in 2023 and restricts the use of role models; Spain restricted gambling advertising heavily under a 2020 royal decree; Ontario restricts public advertising of bonuses and inducements. See gambling advertising rules and bonus and promotion restrictions.

Promoting unlicensed operators

Regulators increasingly target affiliates that promote operators without a local licence. Tactics include:

• warning letters and orders to remove content;
• fines where the law allows direct action against promoters;
• requests to search engines and platforms to delist content;
• prohibitions on licensed operators working with affiliates that also promote unlicensed sites.

For affiliates, a mixed portfolio of licensed and unlicensed brands targeting the same market is a significant legal risk.

Self-excluded and vulnerable audiences

Affiliates frequently hold their own email and messaging databases. Rules on marketing to self-excluded individuals, opt-in consent and data protection apply to those lists. Operators often require affiliates to suppress contacts against the operator’s exclusion lists, and regulators view failures here seriously.

Search, social and influencer marketing

• Search engines apply their own gambling advertising policies, typically requiring certification and a local licence for paid ads.
• Social platforms restrict gambling ads by market and age targeting.
• Influencer and streaming content has drawn growing attention. Several regulators have acted against streamers promoting gambling to young audiences or without clear advertising disclosure.

Compliance practices for affiliate programmes

Operators running affiliate programmes typically:

1. conduct due diligence on affiliates, including ownership and portfolio;
2. include compliance clauses, audit rights and termination rights in contracts;
3. provide approved creative and terms;
4. monitor affiliate sites with automated crawlers and manual review;
5. keep evidence of monitoring and corrective action;
6. align commission structures with regulatory expectations.

The direction of travel

The trend is clear: affiliates are being treated less as independent publishers and more as regulated marketing intermediaries. Registration regimes, remuneration restrictions and direct enforcement are spreading. For a broader view of where affiliates sit in the industry, see the iGaming value chain.

This article is a general overview and not legal advice. Affiliates and operators should seek specialist advice for each market.