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Draft regulations have specific requirements for marketing affiliates
The days of easy entry into the online poker affiliate marketing sector - at least as far as Nevada is concerned - may be coming to an end.
The Nevada regulations and licensing requirements laid down with the advent of legalised intrastate online poker in prospect include provisions dealing with marketing affiliates under the "Interactive Service Provider" section.
Items 5 and 6 of that section detail:
(5) Provides information regarding persons to an establishment licensed to operate interactive gaming via a database or customer list*; or
(6) Provides products, services, information or assets to an establishment licensed to operate interactive gaming and receives therefore a percentage of gaming revenue from the establishment’s interactive gaming system.
Entities or persons falling under that definition are required to obtain a Class 3 licence, which entails:
"The following forms and items must be submitted to the State Gaming Control Board in conjunction with your application for Licensure as a Marketing Affiliate:
1. Application for a Nevada Gaming License:
(a) Form 1SP is to be submitted to individual applicants
(b) Form 2SP is to be submitted by corporations, partnerships, and limited liability companies.
(c) Form 17, Release and Indemnity of All Claims
2. General description of the nature of the business of the applicant.
3. Copies of service provider agreements with Nevada Gaming Licensees
4. Form 4R Personal History Record: To be filed by each Corporate Officer, Member, or Equity Holder of 10% or more.
5. Form 5R Personal Financial Questionnaire: To be filed by each Corporate Officer, Member, or Equity Holder of 10% or more.
6. Form 28 Fingerprint Receipt for electronic fingerprint submission (live scan) or three standard FBI
fingerprint cards for each individual applicant must be submitted. Due to the FBI’s chain of custody
requirements, the completed fingerprint cards must be mailed by the certified printing facility directly to the Gaming Control Board, Attn: Applicant Services, 1919 College Parkway, Carson City, NV 89706.
7. Form 10, Affidavit of Full Disclosure, Form 17, Release and Indemnity of All Claims, and Form 18, Request to Release Information: To be filed by each individual required to be licensed or found suitable.
8. One copy of each of the following (as applicable) and a complete list of all stockholders, members, and/or partners showing the number of shares and/or interest of record held by each:
(a) Partnership Agreement;
(b) Trust Agreement;
(c) Joint Venture Agreement;
(d) Articles of Incorporation;
(e) Articles of Organization;
(f) Business Plan
9. A check made payable to the Gaming Control Board in the amount of $3,000 to cover the application ($500) and investigation fee ($2,500).

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