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Maine Requiring Marketing Affiliates to Obtain a Supplier License

Maine Requiring Marketing Affiliates to Obtain a Supplier License

Sean Fener

Assistant Counsel & Regulatory Advisor

Nov 29, 2023

Those applying to obtain a Supplier License are required to pay a non-refundable $10,000 background investigation fee and a $40,000 license fee.

Marketing affiliates that engage in business in Maine, regardless of whether they enter into a CPA or revenue-sharing agreement, are required to obtain a Supplier License. Maine will also require sub-affiliates to obtain a Supplier License. Those applying to obtain a Supplier License are required to pay a non-refundable $10,000 background investigation fee and a $40,000 license fee. A supplier license is valid for four years. Renewals for a supplier license must be submitted 60 days before the expiration date of the license. Renewal fees are also $40,000.

Each sports wagering operator must retain a copy of all advertising materials promoting sports wagering, including a log of when, how, and with whom those materials were published for five years. Operators must be able to provide a copy of any marketing materials to the Director, upon request. Operators must disclose social media platforms used for advertising and marketing, and provide identification for each account. Detailed records for targeted advertising must be maintained sufficient to describe all targeting parameters used.

Operators’ sports wagering advertising is prohibited from the following advertising practices:
  • Misleading statements regarding the likelihood of winning,

  • Guarantees of success or gambling winnings,

  • Depictions of the use of alcohol and tobacco,

  • Use of cartoons, pro athletes, celebrities or any other symbols and or language designed to appeal specifically to those under 21 years of age,

  • Depictions of persons under 21 years of age,

  • Advertising in or on any Maine college/university designed to reach an audience primarily under 21 years of age,

  • Flyers or handouts given to persons under 21 years of age,

  • The use of a sports wagering message or logo on clothing, toys, or games for sale in Maine intended primarily for persons under 21 years of age,

  • Using a minor to endorse sports wagering and

  • Advertising that targets patrons with a gambling addiction. Additionally, all sports wagering advertising must include the following disclaimer: “Persons under 21 years of age may not participate in sports wagering” and the 1-800 GAMBLER hotline phone number shall be included for assistance.

All sports wagering licensees are responsible for all content and conduct of advertising, marketing, or branding done on their behalf whether conducted by a licensee, employee, affiliate, or any other person.