Appendix – NHL
(Version 03 December 2021)
NHL Betting Addendum
This NHL Betting Addendum (“NHL Addendum”) is entered into by and between the Parties and governs Sportradar’s license and distribution of the NHL Assets (defined below) to Customer. This NHL Addendum is incorporated into by reference, is governed by, and forms an integral part of the the Agreement under which Sportradar licenses NHL Assets to Customer (the “Agreement”), and will run conterminously with such Agreement. All capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Agreement. To the extent of any conflict between the terms of an Agreement and this NHL Addendum, this NHL Addendum shall prevail.
1. Definitions.
a. “HITS+ Data” means the enhanced game statistics feed known as HITS+, which reflects (i) statistical events received from the NHL Official Betting Data, and (ii) “Progressive Statistical Events” derived from the positional data and related statistics (e.g., speed) for players and puck generated and delivered to Sportradar by the NHL for use by the Customer hereunder in accordance with the terms of this NHL Addendum.
b. “Hockey Betting Purposes” means any form of betting or gaming activity in connection, inter alia, with the outcome of a NHL game or any portion thereof (including utilizing any form of wagering or betting of something of value and/or the expectation of receipt of a prize, playing a game, entering a contest, fixed odds sports betting, pool betting, pari-mutuel betting, lotteries, spread betting, betting exchanges and other direct wagering and gaming).
c. “Live Channel Online” means Sportradar’s service known as “Live Channel Online” or “LCO” which includes Video Feeds and licensed to Customer in an Agreement.
d. “Live Channel Trading” means Sportradar’s service known as “Live Channel Trading” or “LCT” which includes Video Feeds and licensed to Customer in an Agreement.
e. “Live Channel Retail” means Sportradar’s service known as “Live Channel Retail” or “LCR” which includes Video Feeds and licensed to Customer in an Agreement.
f. “Live Channel Products” means, collectively, the Live Channel Trading, Live Channel Retail and Live Channel Online.
g. “NHL” means the National Hockey League, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises, B.V., and NHL Interactive CyberEnterprises, LLC.
h. “NHL Assets” means the NHL Official Betting Data, the Live Channel Products, and the NHL Trademarks.
i. “NHL Trademarks” means the marks owned or controlled by the NHL which are designated by Sportradar in writing from time to time in the NHL’s discretion and which may include the use of trademarks of the NHL teams, including team badges, insignias, names, and game and tournament wordmarks.
j. “NHL Official Betting Data” means the NHL’s pre-match and in-play play-by-play data feed provided hereunder to Customer from Sportradar, and any and all odds, prices, probabilities, and/or data points derived therefrom whether or not provided by Sportradar to Customer hereunder or derived by Customer in accordance with terms of the Agreement; and the HITS+ Data, if licensed by Customer under the Agreement.
k. “Video Feeds” means low-latency NHL-licensed audiovisual video feeds.
2. Grant of Rights; Scope of Use. Sportradar hereby grants to Customer:
a. A limited, non-exclusive, non-transferable, and non-sublicensable (except as otherwise set forth in the Agreement) right, license, and obligation to use the NHL Assets (as licensed by Sportradar to Customer in the Agreement) in accordance with the terms and conditions contained herein and in the Agreement; Customer agrees to be bound by the terms and conditions contained in the Agreement and this NHL Addendum. Customer may use NHL Official Betting Data solely for offering, accepting, grading, managing, and displaying data, each in connection with offering its sports betting markets that are offered at the premises, websites (domains) and/or mobile applications and under the brands specifically disclosed to Sportradar under the Agreement for Hockey Betting Purposes, and not for any other purpose whatsoever other than as specifically described in the Agreement.
b. A limited, nonexclusive, non-transferable, non-sublicensable (except as otherwise set forth in the Agreement) license to use the NHL Trademarks specifically and narrowly for purposes of promoting Customer’s sportsbook offering for Hockey Betting Purposes pursuant to this Agreement (e.g., display of an NHL or NHL team’s logo on Customer’s branded sportsbook website or on an operated platform in connection with a banner that promotes an Customer’s sportsbook for Hockey Betting Purposes) and for non-promotional navigational or other nominative informational purposes in the user interface to identify NHL-related wagering options (e.g., odds display boards, bet sheets) solely to the extent pre-approved by the NHL in writing on a case by case basis, in the NHL’s discretion.
3. Limitations; Prohibitions.
i. In no event will the rights granted under this Agreement for the NHL Assets extend beyond the 2029-30 NHL season, unless otherwise expressly approved by Sportradar and/or the NHL in writing, and upon termination of this Agreement for any reason, Customer must permanently delete all NHL Assets in its possession.
ii. Customer shall not knowingly accept or permit any wagering involving any NHL, NHL team, NHL Players Association, or other NHL Affiliates’ personnel on the NHL games, nor shall Customer offer NHL bet types on bets related to health or safety (e.g., number of injuries, specific injuries), or on game elements that are discretionary in nature. The NHL reserves the absolute right to prohibit, or otherwise restrict, bet types and/or markets for NHL games and/or events in its sole discretion, as communicated to Customer via Sportradar within a commercially reasonable period of time.
iii. Customer acknowledges and agrees that it is bound by this NHL Addendum and has agreed to use the NHL Assets for Hockey Betting Purposes only, and unless otherwise expressly stated herein, this NHL Addendum does not permit Customer to grant, enter, or imply, and Customer agrees not to grant, enter, or imply, into any sponsorship, marketing or branding arrangement in connection with any NHL property (i.e., teams, players, etc.); nor may Customer grant rights or otherwise provide authorization (through act or omission) for any third party to imply a partnership with or endorsement of any NHL property, or otherwise create the impression that any NHL property or player endorses any product, service, cause, belief or person, in each case unless Customer has entered into a separate agreement with the NHL or an NHL team/member club for such rights.
iv. Customer may only use the NHL Trademarks for non-promotional navigational or other nominative informational purposes in the user interface to identify NHL-related wagering options (e.g., odds display boards, bet sheets, and the betting menu and subject to the following restrictions:
1. Customer may not use the NHL Trademarks selectively; Customer will use all such NHL Trademarks collectively and in equal prominence on its premises, websites (domains) and/or mobile applications
2. Any page with NHL Trademarks must include a responsible gambling message pre-approved in accordance with applicable law and if technically feasible.
3. The use does not imply a partnership with or endorsement of any NHL property or player, and does not create the impression that any NHL property or player endorses any product, service, cause, belief or person.
v. NHL Official Betting Data may be represented as an “official” feed, however Customer shall not represent any of the statistical information, or derived odds, prices, probabilities, etc., as being official statistics of the NHL.
vi. Customer may not display all or substantially all of the source NHL Official Betting Data at any given time or otherwise re-distribute the raw, source NHL Official Betting Data unless otherwise expressly permitted herein.
vii. Except as expressly permitted herein for Hockey Betting Purposes, Customer shall not use, edit, modify, create derivatives, combinations or compilations of, combine, associate, synthesize, re-identify, reverse engineer, reproduce, display, distribute, disclose, sell or otherwise process NHL Official Betting Data.
viii. Unless otherwise expressly permitted under the Agreement, Customer acknowledges and agrees that it shall not re-distribute the NHL Assets or engage in any use of the NHL Official Betting Data that is not intended for use by consumers.
ix. Customer shall not (i) use, or allow others to use, NHL Assets in a manner that is or may be harmful to the NHL or its players and personnel; (ii) use or register any domain name that is identical to or confusingly similar to any NHL Assets, including marks and/or logos; or (iii) create, acquire, license, or support any internet keyword or search term that contains any NHL marks or logos, or names of categories of NHL Official Betting Data.
x. Customer shall not distribute the NHL Assets or display any NHL Trademarks on any third-party website or other place that promotes illegal gambling, adult-only content, tobacco products, firearms, extreme fighting sports events (e.g., ultimate fighting, cage fighting), habit-forming or illegal drugs, or “900” or “976” numbers that bill the caller (e.g., sexually explicit or intimate phone services, phone services directed primarily at children) or any other category.
xi. Customer shall not feature the NHL Assets for Hockey Betting Purposes or for any purpose without also featuring any other premier sports content or data.
xii. In the event that Customer provides its users or customers with alternative audiovisual feeds, data or content from any NHL games or other events not provided for under this NHL Addendum and not in compliance with applicable law or otherwise in violation of applicable law (e.g., unauthorized or pirated data or video feeds) (“Unauthorized Conduct”), then Customer acknowledges that such action constitutes an infringement of the intellectual property rights of the NHL, and, without limiting any of NHL’s rights or remedies at law or in equity, Customer shall promptly cease such Unauthorized Conduct and cooperate with any reasonable requests from Sportradar and/or the NHL in connection with any such unauthorized use.
b. With respect to Live Channel Trading (if licensed to Customer by Sportradar under the Agreement):
i. Customer shall (i) not alter the Video Feeds in any way; (ii) access the Video Feeds solely at its trading offices/facilities, and ensure such access is strictly limited to those with a legitimate business need for such access; and (iii) use the Video Feeds solely for its own or business-to-business sportsbook management purposes (i.e., generating betting odds and managing the offer and acceptance of bets) – and never, for clarity and without limitation, for onward distribution, public display, generating a statistical data feed, exploitation at or from any location whatsoever, or any other commercial purpose other than as expressly permitted herein.
ii. Customer acknowledges that Live Channel Trading provides no media rights whatsoever (e.g., Internet live streaming rights for betting and online gaming purposes on any kind of media platform, IPTV, closed-circuit transmissions via any kind of media (e.g., within betting shops/betting shop terminals/betting shop TVs etc.)), and Customer shall not assert or represent to any person that by virtue of Live Channel Trading it has any right, title or interest in such rights or any parts thereof.
iii. Customer shall use highest industry-standard technology to restrict access to the Video Feeds and ensure such Video Feeds cannot be copied or downloaded.
iv. Customer shall not offer sportsbook management services based on Live Channel Trading to any entity unless such entity also licenses NHL Official Betting Data from Sportradar.
c. With respect to Live Channel Retail (if licensed to Customer by Sportradar under the Agreement):
i. Customer may only make Live Channel Retail available via (i) the Internet, and not any other distribution method (e.g., cable television, wireless distribution or any other television platform), unless otherwise expressly agreed in writing by the NHL in its sole discretion and (ii) brick and mortar sportsbooks in the territories authorized in the Agreement (but always excluding Canada).
ii. Customer shall not reference the availability of the Video Feeds within Live Channel Retail other than as part of a factual list or program schedule included in an informational section of Customer’s owned and operated website or within its brick and mortar sportsbook(s). Without limiting the foregoing, Customer shall not promote, market or advertise the availability of the Video Feeds as a standalone service.
d. With respect to Live Channel Online (if licensed to Customer by Sportradar under the Agreement):
i. Customer shall restrict access to Video Feeds to users who have an active account and positive account balance with such Customer.
ii. Customer acknowledges and agrees that the Video Feed streaming shall be limited to a streaming rate (i.e. video bitrate) not exceeding 1.000 kbps. Customer shall ensure that when the screen displaying the signal is fully maximized, the Video Feeds shall be limited to a frame size of either thirty three percent (33%) on a desktop computer (e.g., PC or Mac) or fifty percent (50%) on any handheld wireless devices capable of accessing the internet (e.g., tablets); provided that with respect to mobile phones capable of accessing the Internet, no size restrictions are applicable.
e. With respect to all Live Channel Products (if any are licensed to Customer by Sportradar under the Agreement):
i. Customer may use Video Feeds solely on a live-streaming basis (for example, without limitation, Video Feeds may not be used to create highlights).
ii. Customer must offer bets commercially on multiple sports in addition to the NHL.
iii. Customer shall use industry standard digital rights management software (e.g. Playready, Widevine, or substantially similar tools that prevent mirroring / casting of Video Feeds) to prevent the unauthorized use and/or distribution of the Video Feeds by any person or entity.
iv. Customer shall not promote, market or otherwise exploit the Video Feeds as being available as a video viewing platform, or otherwise market or promote the Video Feeds as a means for end users to watch live NHL games.
v. Customer shall not sell or display any third-party advertising, sponsorship or promotion against the Video Feeds or anywhere Video Feeds are viewable, provided, however, Customer may include advertising/logos/promotional communications for its own product(s) which are sold or distributed under the Customer’s brand name (and are readily attributable in the mind of an end-user) on the Customer’s platform within the video player and before/after or during event breaks for the relevant event, subject to the following conditions:
1. Customer will not associate or name the NHL, NHL teams, NHL Players Association, or any Affiliate of the NHL with or in any such communications;
2. No trademark, service mark, brand or other source identifier, other than those of the Customer as expressly permitted above, may be included in such communications.
3. The communications will not promote products or services or contain advertising or other content that:
a. Is unlawful, obscene, defamatory, harmful, hateful, threatening, trade libelous, violent, liable to incite racial hatred or acts of terrorism, excessively profane, harassing, that infringes or otherwise violates any person’s rights (including intellectual property, name and likeness or privacy/publicity rights), that depicts sexually explicit images or that otherwise promotes discrimination or unlawful activities;
b. Relate(s) to the sale of or advertises alcohol, illegal drugs or drug paraphernalia, tobacco, firearms or other weapons, ammunition, feminine hygiene products, counterfeit goods or other products with which NHL, NHL teams, NHL Players Association, or any Affiliate of the NHL typically do not wish to be associated;
c. Endorse(s) any religious or political cause or candidate;
d. Is intentionally derogatory or denigrating with respect to the NHL, NHL teams, NHL Players Association, or any Affiliate of the NHL;
e. Provide(s) links to or contain(s) links to content that is false or fraudulent;
f. Violates any NHL advertising guidelines or other rules implemented by the NHL and made available by either the NHL and/or by Sportradar; or
g. Is otherwise objectionable to the NHL in its good faith, reasonable discretion.
vi. Customer shall not assign or sublicense to third parties (not counting Customer’s owned and operated betting brands/affiliates) any rights and/or obligations with respect to the Video Feeds (including, without limitation, white label sublicensing).
vii. Customer may use the NHL Trademarks for promotional use by in the context of promoting such Video Feeds only with a betting focused element incorporated as the primary statement (i.e. a “bet on…” or “bet and watch” context (rather than putting the emphasis “watch” or even mentioning “watch” only)).
4. Integrity Cooperation. Customer shall cooperate with Sportradar and the NHL, and timely provide all information requested by Sportradar and/or the NHL, in order to preserve the integrity of the NHL games and any wagering activities in connection with any NHL games, tournaments, or NHL sanctioned-events. Customer shall (i) inform Sportradar as soon as practicable upon becoming aware of any actual or suspected wrongdoing (“Wrongdoing”), including any persons engaging in irregular betting patterns or other suspicious or unusual activities in respect of any NHL game, or any betting activities involving any player, coach, official or other staff of the NHL, a NHL team, the NHL Players Association, or an NHL Affiliate (“NHL Participant”), (ii) cooperate (including, to the extent permitted by applicable law and regulation, by providing relevant user and betting information) with any investigative, disciplinary, or regulatory activities undertaken by or on behalf of the NHL, and (iii) cooperate with Sportradar and/or the NHL on any and all public communications or messaging regarding any integrity or security matters relating to the NHL or any NHL game, tournament, or NHL-sanctioned event (and Customer shall not make any public statements, written or oral, regarding such matters without the prior written consent of the NHL, except as required by applicable law and regulation). In addition, upon request from the NHL, Sportradar will Licensee will facilitate (i.e., by way of introduction to organizational stakeholders only) the NHL entering into an “early warning” protocol with Customer regarding irregularities in betting patterns, such protocol to be consistent with industry standard protocols with sports rights holders.
5. Compliance and Reputation.
a. Customer must be duly licensed to offer sports betting and comply with all applicable laws, rules, regulations, licenses orders, codes of practice, and standards of competent gambling authorities (to the extent binding on Customer’s gambling business) in every jurisdiction where Customer accepts bets (i.e., where its customers are located) and otherwise operates its business or conducts any activities (e.g., hosts servers, or advertises, promotes or markets its products and services).
b. Customer must have comprehensive policies and effective enforcement measures in place to prevent underage gambling and address problem gambling. Underage gambling prevention must include, at minimum, appropriate age verification tools and a prohibition on advertising that targets minors.
c. Customer must have comprehensive and effective insider trading and anti-corruption policies.
d. Customer must have no history of material license violations or other material regulatory infractions resulting in the imposition of fines, penalties, license suspension, modification, or revocation, or other regulatory sanctions which render the Customer unsuitable by the relevant governing authority.
e. Customer’s rights to the NHL Assets under the Agreement may be immediately terminated by Sportradar at the direction of the NHL if Customer engages in any conduct that is reasonably likely to result in the NHL’s continued association with such Customer having a materially adverse effect on the NHL’s reputation and/or business (as determined in good faith by the NHL).
f. Customer shall provide immediate written notice to Sportradar upon suspecting or obtaining any information related to NHL games or the any NHL property (including NHL teams and/or personnel) that may call into question integrity of any NHL games or other element of the NHL (and shall provide reasonable cooperation with respect to any investigation therefor).
g. Customer shall provide immediate written notice to Customer upon: (a) the occurrence of any legal and/or regulatory events, occurrences, claims, filings, interpretations or similar related to Customer’s use of the NHL Assets, (b) suspecting or obtaining any information related to NHL games that may call into question integrity of any NHL games or other element of the NHL (and Customer shall provide reasonable cooperation with Sportradar and/or the NHL with respect to any investigation therefor); and (c) learning of any material change to applicable law and/or regulation that concerns the offer of legalized sports wagering on the NHL games, tournaments and/or other NHL-sanctioned events.
6. Geo-Blocking. Without limiting any other obligations herein, Customer shall implement generally-accepted, reliable and industry-standard geolocation blocking technology which: (i) in connection with any NHL Assets disseminated in connection with its sportsbook operation, restricts access to NHL Assets outside of a jurisdiction where sports wagering is legal within the applicable territory covered under the Agreement and otherwise prevents unauthorized individuals from engagement or use of Customer’s sports betting services and (ii) restricts access to NHL Assets to within the applicable territory covered under the Agreement and otherwise prevents unauthorized individuals from using the NHL Assets. Customer shall implement industry-standard rights management technology to ensure, and will ensure, that the NHL Assets are not used in an unauthorized manner. Without limiting and in addition to the foregoing, all such geolocation technology and digital rights management technology shall at all times be at least as sophisticated and secure as what Customer then-currently uses at any given time for its premier sports content and data. Any failure to implement geolocation blocking technology or digital rights management technology in accordance with this paragraph will be a material breach of this Agreement by Customer.
7. Monitoring and Takedown. If the Sportradar or the NHL identifies objectionable use of NHL Assets by Customer, or otherwise breaches the terms of this NHL Addendum, Sportradar will notify Customer, and upon notification to Customer by Sportradar, Customer will have two (2) business days to cease the objectionable use and/or breach. If Customer does not cease the objectionable use within such time period, or such breach cannot otherwise be cured, Sportradar may, at the direction of the NHL, suspend or cease distribution of NHL Assets to Customer and terminate this Addendum in its entirety, and Customer agrees that neither Sportradar nor the NHL will have any liability for any such termination. In the event that Customer provides its end-users with alternative audiovisual feeds, data or content from the NHL Assets for any games, tournaments or other NHL-sanctioned events not provided for under this Agreement (e.g., unauthorized or pirated video feeds) (“Unauthorized Content”), then Customer hereby acknowledges that such action may constitute an infringement of the intellectual property rights or other proprietary rights of the NHL under applicable law and Sportradar may immediately suspend distribution of the NHL Assets to Customer upon discovery of Customer’s actions.
8. IP; Warranty Disclaimers. Sportradar hereby represents and warrants that it has all necessary right, title, license, and/or other authorization to grant the rights to the NHL Assets as set forth under this NHL Addendum. Any rights not expressly granted in this NHL Addendum are reserved by the NHL. The NHL Assets are provided on an “as-is” basis and with no representation or warranty whatsoever, express or implied. Sportradar, the NHL, and all of their related entities and affiliates hereby disclaim all representations and warranties as to the accuracy, merchantability and fitness for a particular purpose in relation to the NHL Assets, including (without limitation) in connection with any updates or revisions to NHL-related statistics, provided, however, Sportradar and the NHL represent and warrant that the NHL Assets shall not infringe the intellectual property rights of any third-party. All goodwill arising from uses of the NHL Trademarks will inure to the benefit of the NHL, and Customer shall and does hereby perpetually and irrevocably assign, all such goodwill to the NHL.
