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Affiliate Publishing Rules by Market

In all four markets the operator answers for its affiliates, and affiliate content counts as advertising. What differs is the detail: US registration by state, Ontario's ban on public bonus advertising, Germany's limits on affiliate pay and timing, and the UK's CAP Code.

In brief

  • Great Britain: licensees "are responsible for the actions of third parties with whom they contract" (LCCP SR code 1.1.2); the CAP Code applies to affiliate marketing.
  • United States: FTC disclosure rules apply nationally; gambling licensing, and in some states affiliate registration, is set by each state.
  • Ontario: operators are accountable for marketing affiliates; public advertising of inducements is prohibited.
  • Germany: GlüStV 2021 § 5 limits gambling advertising and, for some products, bars variable affiliate pay; UWG § 5a(4) requires commercial purpose to be identifiable.

Comparison table

Rules affecting affiliate publishers (checked October 26, 2026)
TopicGreat BritainUnited StatesCanada (Ontario)Germany
Who answers for affiliate contentLicensee (LCCP 1.1.2)Advertiser and endorser under FTC rules; state regulators for licensingOperator (AGCO Standard 1.19)Operator under its license; UWG applies to all commercial acts
DisclosureCAP Code rule 2.1: obviously identifiable16 CFR 255.5: clearly and conspicuouslyAGCO advertising standards; operator contractsUWG § 5a(4): commercial purpose identifiable
Bonus advertising10x wagering cap; mixed-product promotions banned (January 19, 2026)By statePublic advertising of inducements prohibited (Standard 2.05)No misleading statements on chances or winnings (§ 5(2))
Audience limitsNo strong appeal to under-18s (CAP 16.3.12, from October 1, 2022)By state; minimum ages set by stateNo active or retired athletes in ads (from February 28, 2024), with a responsible gambling exceptionNot aimed at minors; no internet ads for virtual slots, online poker or online casino games 06:00 to 21:00 (§ 5(3))
Affiliate payContract terms set by licenseeNew Jersey: a 2024 DGE letter order accepted vendor registration for an affiliate on CPA and fixed-fee deals only; revenue share falls under a different license trackContract terms set by operatorNo variable, turnover, deposit or stake-based pay for affiliate links to games excluded players cannot join (§ 5(6))
Help lineNational Gambling Helpline 0808 8020 1331-800-MY-RESET (NCPG); state numbers also applyConnexOntario 1-866-531-2600BIÖG "Check dein Spiel" 0800 137 27 00

Great Britain

The Gambling Commission's LCCP social responsibility code 1.1.2 makes licensees responsible for third parties they contract with and requires contract terms that bind them to the same conditions. The Commission's affiliate guidance says in the Commission's and the ICO's view, licensees are "primarily responsible for any breaches" in affiliates' direct marketing, including marketing to self-excluded customers. The ASA says "the CAP Code applies to affiliate marketing" and gambling ads must not be of strong appeal to under-18s.

United States

The FTC's revised Endorsement Guides took effect July 26, 2023, and its rule on consumer reviews and testimonials took effect October 21, 2024. Gambling itself is licensed state by state. Some regulators treat affiliates as vendors or service providers; New Jersey, Michigan and Pennsylvania each run a process. Scope US content to named states where the product is legal.

Canada (Ontario)

The AGCO says "The accountability for meeting advertising standards is held by igaming operators themselves", and operators must make sure contracted marketing affiliates meet the standards. Public advertising of inducements, bonuses and credits is strictly prohibited; offers can be shown once a player chooses to visit an operator's site. Other provinces run gambling through provincial corporations, so check each province separately.

Germany

GlüStV 2021 § 5 lets licensees advertise permitted gambling within limits: no ads aimed at minors, no misleading statements about chances or winnings, no internet or broadcast ads for virtual slots, online poker and online casino games between 06:00 and 21:00, and no variable, turnover, deposit or stake-based pay for affiliate links to games that excluded players may not join. UWG § 5a(4) makes failing to identify a commercial purpose unfair where payment or similar consideration is received.

Not legal advice. These summaries help editors spot questions. Confirm current requirements with counsel in each market before publishing.

Questions

Are affiliates directly regulated in Great Britain?

The Gambling Commission regulates licensees and holds them responsible for third parties they contract with, including affiliates. The ASA and CAP Code apply to affiliate marketing directly.

Can German affiliates be paid revenue share?

GlüStV 2021 § 5(6) bars variable pay, especially based on turnover, deposits or stakes, for internet affiliate links to gambling that excluded players may not take part in. Check the product and contract with counsel.

Why does PubliNiche cover only four markets?

We cover markets where the rules can be sourced from regulators and laws to our evidence standard. Absence from this page is not a statement that a market is open or closed.

Sources

  1. Gambling Commission, LCCP 1.1.2 Responsibility for third parties, no date shown.
  2. Gambling Commission, Affiliates or third parties, updated August 8, 2025.
  3. ASA, Affiliate marketing, March 22, 2023; Betting and gaming: appeal to children, May 27, 2026.
  4. Gambling Commission, Gambling promotions to be safer and simpler, updated July 24, 2025.
  5. Federal Register, Endorsement Guides, effective July 26, 2023; Consumer reviews rule, effective October 21, 2024.
  6. New Jersey Division of Gaming Enforcement, Letter Order No. 2665, May 14, 2024 (primary source).
  7. Ifrah Law, Extra Caution Required in Mobile Advertising as New Jersey DGE Releases Guidance for Affiliate Marketers, June 9, 2014 (law firm summary, background only).
  8. AGCO, Important information for advertising and marketing in Ontario's new igaming market, March 16, 2022; revised standard guidance, February 8, 2024.
  9. Bayern.Recht, GlüStV 2021, § 5; LexMea, UWG § 5a.
  10. GamCare, What support do we provide?; NCPG, 1-800-MY-RESET announcement, January 29, 2026; iGaming Ontario, Find help; BIÖG, Check dein Spiel flyer.

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