Advertising for online gambling sites and sports odds directed at US residents and players located in the US (and any other international jurisdiction in which online gambling is unlawful) is not acceptable. Advertising for free online gaming sites is acceptable, per the guidelines below.
AOL Advertising will accept advertisements for 1) web sites that allow users to play casino-style games for free and 2) sites that offer instruction or other information on how to play casino-style games. Sites are subject to the following guidelines:
- Gaming sites may not link to or promote in any way any web site featuring online gambling. This prohibition includes any software downloaded from the site, dropping desktop shortcuts/icons, or in any communications, including emails, with users of the site.
- If the advertiser desires to offer a premium game site where participants pay a standard fee in order to join, then the advertiser must provide Jill Samuels in AOL Legal with a written legal opinion that the charging of money and awarding of prizes or money is done in a manner that complies with all 50 states' laws, federal laws and other applicable laws and regulations.
- The gaming site must represent and warrant that its sole intent in entering into the advertising agreement with AOL Advertising is to promote its free site, and that it will not use this agreement to market, promote, offer or distribute online gambling in any manner.
- The site must have a different look and feel than any paid/gambling site, including sites that share the same name but are located at a different domain (e.g., .net sites). The logo of the gaming site may not resemble that of an affiliated paid/gambling site.
- All advertising creative is subject to AOL Advertising's advance review and approval, and cannot be changed once approved. Gaming sites may be required to provide AOL Advertising with consumer communications such as standard welcome emails and email newsletters.
- Any sites that have the same name as, but are located at a different domain name than, a paid/gambling site (e.g., .net sites), must meet the following criteria in addition to the above:
- Only basic advertising purchases are permitted. No revenue sharing or any other payment structure based on click-thrus or other metrics is permitted.
- The site may not link to a gambling site owned by the affiliated company ("Gambling Site"), and the advertising agreement shall clearly state that this is an ongoing obligation.
- The advertising agreement shall require the advertiser to provide AOL Advertising with a minimum of 5 business days prior written notice of any intention to link to the Gambling Site. Failure to provide such notice shall constitute material breach of the agreement.
- Payments to AOL Advertising under the agreement shall not come from the Gambling Site.
- Advertising for sites offering any product or program that claims to increase the likelihood of winning (e.g., computer programs that enhance the accuracy of a bet) is not acceptable.