Affiliate Program Terms of Service

1. Definitions

“Affiliate” (“Affiliate”, “you”, “your”) refers to an individual or entity that is a participant in the Affiliate Program as established by SwapSpace and in alignment with these Terms.

“Affiliate Link” is a unique URL that allows a Customer to execute an exchange of one cryptocurrency for another through the Services.

“Affiliate Program” (“Program”) is a promotional scheme developed by the SwapSpace team which enables users to earn a profit by promoting Services to potential customers.

“Affiliate Website” denotes any website or application developed and managed by the Affiliate, which is employed to draw in Customers.

“API” is the SwapSpace’s proprietary application programming interface designed for the purpose of cryptocurrency exchanges.

“Partner” is an individual or firm in a formal association with SwapSpace, and it may also refer to you or the organization you represent.

“Profile” is a digital account set up by an Affiliate within SwapSpace's platform.

“Referral” designates any user brought to the Services through the Affiliate’s efforts.

“Restricted Locations” include Afghanistan, Belarus, Bolivia, Bosnia and Herzegovina, Burma (Myanmar), Burundi, Canada, Central African Republic, China, Congo, Côte d’Ivoire, Crimea and Sevastopol, Cuba (Republic of Cuba), Cyprus, Donetsk, Eritrea, Ethiopia, France, Germany, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Japan, Lebanon, Liberia (Republic of Liberia), Lithuania, Luhansk, Malaysia, Mali, Malta, Moldova, Montenegro, Netherlands, Nicaragua, North Korea, Russia, Singapore, Somalia, South Sudan, Spain, Sri Lanka, Sudan, Syria, Tunisia, Turkey, Ukraine, United Kingdom, United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)), as well as any other countries subject to United Nations Security Council Sanctions List and its equivalent, a jurisdiction where the local laws prohibit you at any time to access or use the Services, Venezuela, Vietnam, Yemen, Zimbabwe, and any other countries or regions sanctioned or restricted by international bodies such as the UN, OFAC, OFSI, and the EU.

“Restricted Persons” refers to individuals or entities that have received designations from governmental or regulatory bodies due to involvement in illicit activities, like fraud, money laundering, or terrorism support. This also encompasses individuals or entities under sanctions from governments or international organizations, or those residing in or registered in Restricted Locations.

“Reward” signifies the compensation or commission that an Affiliate earns for successfully referring a Customer who completes a transaction via the Services.

“Service(s)” or “Exchange Services” encompass the various offerings and operations provided by SwapSpace, as detailed in the Terms of Use.

“SwapSpace” (“Website”, “we”, “us”, “our”) signifies the entity responsible for initiating the Program, specifically swapspace.co.

“Tools” comprises the various methods and utilities provided by SwapSpace to utilize the Services, which includes, but is not limited to, exchange widgets, banners, buttons, referral links, and API for developers.

 

2. Affiliate’s Obligations

2.1. By participating in the Program, you warrant and covenant that you:

2.1.1. have read and agreed to all the provisions of these Terms;

2.1.2. possess the full legal capacity to enter into legally binding relations under these Terms;

2.1.3. ensure that your participation in the Program does not and will not conflict with any applicable legislation, provisions, regulations, licences, or permits applicable to you as the Affiliate;

2.1.4. will maintain and update your website or application to ensure the smooth provision of Services;

2.1.5. will inform SwapSpace, upon request, about the resources used to bring in Referral;

2.1.6. will notify SwapSpace of any errors or difficulties encountered while using the Services and provide details of the typical conditions and symptoms of such errors and difficulties;

2.1.7. acknowledge that the rights granted to you under this agreement are not exclusive. SwapSpace retains the right to enter into other affiliate agreements or arrangements with third parties, promote, and market its Services without limitation.

2.2. SwapSpace reserves the right to take legal action against an Affiliate if said Affiliate attempts to manipulate or abuse the SwapSpace Affiliate Program.

2.3. Referrals who become users of the Services through referrals made within the Affiliate Program will be deemed SwapSpace’s customers. All of SwapSpace’s terms, rules, policies, and operating procedures that apply to its users will be applicable to these Referrals. SwapSpace reserves the right to modify its Terms, rules, policies, and operating procedures at any time, as further detailed in its Terms of Use and other relevant documents.

2.4. When using SwapSpace API, Affiliates are obliged to collect and retain the subsequent Referral information for a minimum duration of five years:

—   IP addresses;

—   device's time zone settings;

—   operating system of the device;

—   user's browser details;

—   preferred website language;

—   accepted language settings.

Upon any request from SwapSpace, you are required to promptly furnish the aforementioned details. Such requests may be conveyed to the Affiliate through various means, including, but not limited to, text messages, emails, Slack, or other comparable communication platforms. Failure to promptly provide the requested information may lead to potential penalties, including but not limited to suspension of Affiliate’s participation in the Program, withholding of commissions, or other consequential actions.

 

3. Affiliate Restrictions

3.1. By participating in this Program, you agree not to engage in activities which SwapSpace, at its sole discretion, deems harmful to its customers, employees, operations, or reputation. This includes, but is not limited to:

—   directly promoting SwapSpace via paid advertising or media buying that links to the SwapSpace website (found at swapspace.co);

—   bidding on SwapSpace-branded keywords across all advertising platforms is prohibited unless SwapSpace grants specific approval;

—   advertising or promoting SwapSpace’s Services in Restricted Locations;

—   unauthorized use of SwapSpace's intellectual property, including trademarks, domain names, etc., for promotional purposes on advertising platforms or services;

—   making promises, representations, warranties, guarantees, or financial advice to Referrals on behalf of SwapSpace;

—   promoting SwapSpace’s Services to Referrals engaged in illegal or inappropriate activities, such as hate promotion, illegal drug sales, or activities that involve discrimination, defamation, etc.;

—   promoting SwapSpace’s Services to Referrals engaged in illegal or inappropriate deliberately marketing SwapSpace’s Services to Restricted Persons;

—   registering domain names with SwapSpace’s name or variations of it; also, you must not mimic the appearance or feel of SwapSpace’s own social media pages on your promotional platforms.

3.2. Your site must not feature, display, or utilize Tools or content that uses spyware, malware, viruses, or any software that users haven’t knowingly authorized for download or installation.

3.3. Paid Search Engine Advertising targeting search queries with direct domain or brand names, such as SwapSpace, swapspace.co, and similar variations, is strictly prohibited.

3.4. You must not misrepresent your relationship with SwapSpace, portray yourself as an agent or employee of SwapSpace, or imply that you have authority to bind SwapSpace in any agreement.

3.5. If SwapSpace identifies violations of the terms specified in 3.1 and 3.2, it retains the right to expel the Affiliate from the Program. This may include actions like blocking API keys and denying profit withdrawals.

3.6. You must adhere to all applicable sanctions laws, including but not limited to personal sanctions, AML/CFT sanctions, and those from the United Nations, OFAC, OFSI, and EU. Violations of this clause may result in Agreement termination and commission forfeiture. SwapSpace may report suspected sanctions law breaches to authorities, and you must cooperate with any subsequent investigations.

3.7. You acknowledge that SwapSpace is not responsible for determining the applicability of laws to your transactions, including tax-related obligations. Reporting and paying any taxes, fees, or duties due to your Program participation or service acquisitions is solely your responsibility.

3.8. Affiliates are strictly prohibited from conducting exchanges or transactions via the Tools. Breaching this clause can result in commission forfeiture and potential expulsion from the Program.

 

4. Terms and Conditions of Cooperation

4.1. To enroll in the Program, an Affiliate must create a Profile on the Website: enter and confirm an email address and create a password for future logins.

4.3. It is the Affiliate’s sole responsibility to keep their email and password safe and secure.

4.4. Once the account is created, the Affiliate may use the Tools to attract Referrals and earn commissions.

4.5. The Program allows you to use Tools to promote your service and access our API. Tools include the Exchange Widget, Referral links, Buttons, Banners, and API for Developers.

4.6. By using the Tools, you:

—   represent and warrant that your Referrals agree with SwapSpace’s terms located at https://swapspace.co/terms ;

—   agree not to modify/delete the source code to remove alignment with the SwapSpace Terms of Use.

4.7. By accepting these Terms and using the Tools, you represent and warrant that:

—   you are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or your use of the Tools and our services;

—   you are not connected with and not knowingly promoting our services to Restricted Persons;

—   you are accepting and obeying these Terms and all applicable laws;

—   you shall not mislead other Referrals and third parties during using the Tools;

—   you will not take any action aimed at causing damage to SwapSpace or other third parties;

—   you shall not reverse engineer, decompile, or otherwise disassemble the Tools or any SwapSpace’s software;you will not take any action aimed at causing damage to SwapSpace or other third parties;

—   recognising the international nature of the internet, by using the Tools you accept all responsibility for compliance with all local laws and regulations relating to your actions in the network.

4.8. SwapSpace represents and warrants that:

—   it will ensure the accuracy and completeness of the content on its Website and that such content will not (1 violate any laws; (2) contain misleading, obscene, offensive, or discriminatory content; or (3) infringe on the intellectual property rights of any third party;

—   all issues and complaints regarding the functionality of the Website or services provided by SwapSpace will be addressed by SwapSpace at its own discretion and cost, with no obligation on your part unless the issues arise from your actions.

 

5. Remuneration

5.1. In jurisdictions where it's permitted, Affiliates can earn an Affiliate Reward as described below. If SwapSpace finds a transaction to be illegal in any jurisdiction, it reserves the right to withhold the Reward for such transactions.

5.2. Affiliates qualify for the Reward as soon as a Referral successfully conclude an exchange via the Services without cancellations or refunds. The Referral remains active for 30 days after the first transaction. During this period, the Affiliate will earn commissions. After 30 days, rewards are no longer accumulated for that specific Referral. In cases where a Referral registers an account with SwapSpace and starts participating in the loyalty program, they are no longer categorized as such and Rewards from there transactions cease to be calculated.

5.3. The Reward is accrued in the currency/token the Referral receives from the exchange.

5.4. Affiliates can request the withdrawal of the Affiliate Reward from their Profile. Such withdrawals are subject to these conditions:

—   the first payout will be processed only after the Affiliate is approved by SwapSpace.

—   reward will be paid in BTC.

—   a withdrawal request can include an invoice from the Partner, which must be uploaded to the Profile.

—   payments will be processed within 5 business days of receiving the withdrawal request; however, there might be delays if additional checks are necessary or if there's a suspicion of a breach of these Terms.

—   the Affiliate is responsible for all associated charges, fees, taxes, exchange rate variances, surcharges, and other related expenses incurred to receive the Affiliate Reward.

5.5. It is your sole responsibility to determine what, if any, taxes apply to the transfers you complete via SwapSpace, and it is your sole responsibility to report and remit the correct tax to the appropriate tax authority of your tax residence jurisdiction(s). You agree that SwapSpace is not responsible for determining whether taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes arising from any trades and transfers and does not act as your tax agent and thus SwapSpace is not responsible for determining the applicable taxes or for reporting, withholding, collecting or remitting any taxes arising from the transfers you complete via SwapSpace and/or any services you acquire therewith.

 

6. Termination

6.1. SwapSpace reserves the right to terminate this Agreement and the Affiliate’s participation in the Affiliate Program at any time and for any reason or no reason, by giving the Affiliate written notice of termination.

6.2. If the Affiliate breaches these Terms or the SwapSpace Terms of Use SwapSpace may terminate Affiliate’s participation in the Program with immediate effect.

6.3. Upon termination, the Affiliate shall immediately cease all use of the SwapSpace’s trademarks, logos, and other intellectual property, and shall forfeit any unpaid commissions earned prior to the termination date.

 

7. Survival

Provisions of these Terms that by their nature and context are intended to survive the termination of Affiliate’s participation in the Program, including but not limited to indemnification, limitation of liability, and confidentiality, shall survive such a termination. The following provisions shall survive the termination in any case: (a) any obligations or liabilities that have accrued prior to the effective date of termination; (b) the confidentiality, indemnification, limitation of liability, and governing law and jurisdiction provisions; and (c) any other provisions that by their nature should reasonably survive termination.

 

8. Indemnification

The Affiliate agrees to indemnify, defend, and hold SwapSpace and its officers, directors, employees, and agents harmless from any and all claims, damages, expenses, or losses arising out of or in connection with the Affiliate‚s participation in the Affiliate Program, including but not limited to any claims for infringement of intellectual property rights, defamation, or violation of privacy rights. The Affiliate agrees to cooperate with SwapSpace in the defense of any such claims and to reimburse SwapSpace for any costs, expenses, or losses incurred as a result of the Affiliate’s breach of this Agreement or negligence.

 

9. Copyright

All materials, content, designs, graphics, logos, software, audio, video, documents, and other materials relating to the SwapSpace Affiliate Program ("Program Materials") are the proprietary intellectual property of SwapSpace and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, modification, or distribution of the Program Materials is strictly prohibited. Affiliates are granted a limited, non-exclusive, revocable right to use the Program Materials solely for the purposes of promoting SwapSpace's services under the terms of the Affiliate Program. All rights not expressly granted herein are reserved by SwapSpace.

 

10. Privacy notice

SwapSpace collects and processes Affiliates' personal data solely for administering the Affiliate Program, including communication, payment processing, and legal compliance. We are committed to ensuring data security and will not share Affiliate information with third parties unless mandated by law. Affiliates have rights to access and modify their data; any inquiries should be directed to SwapSpace's designated data protection contact.

 

11. Limitation of Liability

SwapSpace shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Affiliate’s participation in the Affiliate Program, whether or not SwapSpace has been advised of the possibility of such damages. In no event shall SwapSpace’s liability to the Affiliate for any claims arising under this Agreement exceed the total amount of commissions paid or payable by SwapSpace to the Affiliate under this Agreement during the six-month period prior to the event giving rise to such liability.

 

12. Law, Jurisdiction, Venue, Limitation period.

12.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflicts of law principles. Any disputes arising out of or in connection with this Agreement, including disputes regarding the formation, interpretation, breach, or termination of this Agreement, shall be submitted to mediation in accordance with the rules of the Centre for Effective Dispute Resolution (London).

12.2. If the dispute is not resolved through mediation within 30 days of the appointment of a mediator, either party may bring legal proceedings in the courts of England, and the Affiliate hereby consents to the personal jurisdiction of such courts. The Affiliate agrees that any legal action arising out of or in connection with this Agreement must be commenced within one year after the cause of action arises, or such action shall be barred.