OPEN GAMING SYSTEM LICENCE AGREEMENT
Elevate Product Terms
1. BACKGROUND
LNW wishes to offer the Operator/Customer the ability to create marketing funded player engagement products to allow End-Users to receive tailored responses when certain pre-determined events occur.
2. APPLICATION AND DEFINITIONS
2.1 These Terms apply to the Operator/Customer’s utilisation of any Elevate Products from time to time and supplement and form part of the Agreement.
2.2 Unless the context otherwise requires, the definitions and rules of interpretation set out in the Agreement shall apply in these Terms. The following additional definitions shall apply in these Terms:
Agreement | the agreement for the supply of the OGS made between LNW and the Operator/Customer. |
Campaign | has the meaning given to it in paragraph 4.1. |
Campaign Plan | has the meaning given to it in paragraph 4.1. |
Elevate Product | each marketing funded player engagement product enabled by LNW as further specified in paragraph 3. |
Elevate Product Mechanics | has the meaning given to it in paragraph 4.1.2. |
Terms | these Elevate Product Terms. |
3. PLAYER ENGAGEMENT PRODUCT
Each Elevate Product is an online promotional tool or feature which:
3.1.1 does not affect the “return-to-player” of any underlying Games;
3.1.2 is separate and distinct from any associated Games’ standard rules, functions, and payout structures;
3.1.3 allows the configuration of a marketing campaign to determine when a “game” or “marketing tool” will appear and how it will respond to End-Users’ interactions with it;
3.1.4 aims to enhance and augment the End-Users’ experiences; and
3.1.5 forms part of the Licensed Software for the purposes of the Agreement.
4. PLAYER ENGAGEMENT CAMPAIGNS
4.1 Joint Responsibilities. If the Parties agree to run a player engagement marketing funded campaign using an Elevate Product (a Campaign), they shall agree the specific details in writing including the following (as applicable) (a Campaign Plan):
4.1.1 details of the Elevate Product to be used;
4.1.2 the fees for the use of the Elevate Product and associated Campaign;
4.1.3 the events and triggers which will be used to govern and guide the appearance and actions of the Elevate Product (the Elevate Product Mechanics);
4.1.4 any marketing requirements and the duration or minimum period for the Campaign; and
4.1.5 any Operator/Customer Intellectual Property Rights to be incorporated or used in conjunction with the Elevate Product and/or Campaign.
The Campaign Plan can be updated by mutual agreement of the Parties by email.
4.2 LNW Responsibilities. LNW shall be responsible for:
4.2.1 creating the Campaign Plan in accordance with the terms agreed with the Operator/Customer;
4.2.2 integrating and enabling the Elevate Product for use by the Operator/Customer in accordance with the Campaign Plan;
4.2.3 jointly testing, approving, and monitoring the deployment of the Elevate Product with the Operator/Customer;
4.2.4 the Elevate Product appearing and responding to the End-Users in accordance with the Elevate Product Mechanics;
4.2.5 facilitating the Operator/Customer’s recording and management of any relevant interactions with End-Users’ wallets;
4.2.6 providing second line support to the Operator/Customer for any Elevate Product questions or support requests from End-Users which are not covered by the information made available to End-Users via the Elevate Product; and
4.2.7 providing the Operator/Customer with any reports reasonably requested and agreed by LNW from time to time.
4.3 Operator/Customer Responsibilities. The Operator/Customer shall be responsible for:
4.3.1 approving each Campaign Plan created by LNW before a Campaign may begin;
4.3.2 providing and funding all monetary (or monies worth) player engagement responses. For clarity, no element of a player engagement response shall be funded directly by End-User bets or wagers;
4.3.3 jointly testing, approving, and monitoring the deployment of the Elevate Product with LNW;
4.3.4 effectively, using, marketing, and promoting the Elevate Product to End-Users in accordance with the Campaign Plan, and implementing any recommendations arising out of the monitoring carried out as part of a Campaign Plan;
4.3.5 ensuring that the use, marketing, and promotion of the Elevate Product complies with all Applicable Laws;
4.3.6 providing End-Users with all relevant and required information regarding the Elevate Product, such as any terms and conditions and privacy notices which may apply; and
4.3.7 providing first line support for any Elevate Product questions or support requests from End-Users.
5. FEES
The Operator/Customer shall pay LNW the applicable fees for each Elevate Product as detailed in each Campaign Plan. Such fees shall be invoiced by LNW in accordance with the payment terms of the Agreement.
6. TERMINATION
6.1 The Parties may terminate any or all Campaign Plans early:
6.1.1 by prior written mutual agreement; or
6.1.2 immediately on written notice to the other Party if the notifying Party is required to stop the Campaign Plan by reason of Applicable Law.
6.2 Where the Agreement terminates or expires, all Campaign Plans shall immediately terminate.
7. INDEMNITY
The Operator/Customer shall indemnify LNW for any Third Party claim alleging that: (i) LNW’s use of any of the Operator/Customer’s Intellectual Property Rights in its performance of the Campaign Plan infringes the Intellectual Property Rights of such Third Party; or (ii) the Operator/Customer’s misuse of the Elevate Product in breach of these Terms or the Agreement infringes the Intellectual Property Rights of such Third Party (including, for example, the use of the Elevate Product outside the Territory and/or the Operator/Customer’s unauthorised modification of the Elevate Product).