Affiliate T&Cs

This document, referred to as the “Affiliate Program Terms and Conditions” (hereinafter referred to as the “Terms”), is a legal agreement between you, whether as an individual or a legal entity (“Affiliate”, “you”, “your”), and Cryptology (“Company”, “we”, “us”, “our”). The Terms govern your participation in the Cryptology Affiliate Program (the “Program”).
By registering for, participating in, or otherwise indicating your acceptance of these Terms, including through digital means such as clicking a button or checking a box on our website, you affirm your agreement to these Terms. If you are agreeing to these Terms on behalf of a business or legal entity, you represent and warrant that you have the authority to bind that business or entity to this agreement.
The Program offers participants the opportunity to earn commissions by directing potential customers to certain products available on the Cryptology platform located at https://cryptology.com/ (the “Cryptology Platform”). Participation in the Program involves generating personalized referral links and effectively utilizing these links to refer new users to the Platform.
Your engagement with the Program is subject to the provisions set forth in these Terms, and any additional guidelines or policies that are referenced herein or that may be published by Cryptology from time to time. In the event of any conflict between these Terms and any such additional guidelines or policies, the provisions of these Terms shall prevail.
It is crucial that you read these Terms carefully to understand your rights and obligations under the Program. If you do not agree to these Terms, you must immediately cease any participation in the Program.

1. ELIGIBILITY AND REGISTRATION
2. Eligibility Criteria.
3. The Program is accessible to both individuals and legal entities wishing to participate as an Affiliate.
4. Applicants must be of legal age in their respective jurisdiction and possess the legal capacity to enter into binding agreements under these Terms.
5. Affiliates may not be residents of, or entities registered in, jurisdictions where participation in cryptocurrency affiliate programs is prohibited or restricted by law. Additionally, Cryptology does not accept applicants from the following countries Afghanistan, American Samoa, Canada, Cuba, Guam, Iran, Iraq, Japan, Lebanon, Libya, Myanmar, Nicaragua, North Korea, Northern Mariana Islands, occupied territories of Ukraine, Pakistan, Puerto Rico, Somalia, South Sudan, State of Palestine, Sudan, Syria, U.S. Virgin Islands, United Kingdom, United States of America, Uzbekistan, Venezuela, Yemen (the “Prohibited Jurisdictions”).
6. Existing users of the Cryptology Platform are eligible to participate in the Program, however, such participation does not require an existing account on the Cryptology Platform. 

2. Registration Process.

1. To register as an Affiliate, applicants must complete the registration process on the affiliate platform located at [link] (the “Affiliate Platform”).
2. During registration, and continuously thereafter, Affiliates shall provide and maintain accurate, complete, and up-to-date information as required by Cryptology.
3. Cryptology reserves the right to request additional information and documentation from Affiliates required to verify their identity and eligibility for the Program, in compliance with legal and regulatory requirements.

3. Acceptance and Agreement.
   1. By completing the registration process, applicants affirm their understanding of and agreement to these Terms, as well as any additional policies or guidelines as may be provided from time to time by Cryptology.
   2. Registration for the Program is subject to review and approval by Cryptology. Cryptology reserves the right to reject any application at our discretion, with or without any reason.
   3. Upon acceptance into the Program, Affiliates will be granted access to the Affiliate Platform, where they can generate referral links and manage their campaigns.
4. Account Security. 
   1. Affiliates are solely responsible for all activities that occur under their account on the Affiliate Platform (the “Account”). This includes responsibility for any actions taken by individuals whom the Affiliate has authorized to use their Account.
   2. Affiliates must immediately notify Cryptology in the event of any unauthorized use of their Account or any other breach of security.
   3. Affiliates are responsible for maintaining the confidentiality and security of their Account credentials, including login and passwords.
   4. Affiliates should take all necessary measures to prevent unauthorized access to their Account, such as regularly updating passwords and using secure password practices.
   5. Affiliates are prohibited from engaging in any activity that could harm the integrity or performance of the Program or the Cryptology Platform.

2. REFERRAL PROCESS

5. Referral Link Generation and Distribution.
   1. Upon acceptance into the Program, Affiliates may create campaigns and generate unique links via the Affiliate Platform to refer potential customers (the “Referral” or “Referrals”) to the Cryptology Platform and designated services.
   2. Affiliates may distribute their referral links through various channels, provided such distribution complies with applicable marketing laws, Cryptology's marketing guidelines (“Marketing Guidelines”), and does not involve unsolicited or misleading practices.
   3. For the purpose of accurately tracking Referrals, tracking cookies will be downloaded onto the Referral’s computer when they access the referral link. 
   4. Affiliates acknowledge and agree to inform their Referrals about the use of tracking cookies in accordance with applicable data protection and privacy laws.
6. Eligibility Criteria for Referrals.
   1. A Referral will be considered an “Eligible Referral” if they register on the Cryptology Platform within 7 days of accessing the referral link for the first time and complete the Know Your Customer (KYC) procedures as required to access designated services on the Cryptology Platform.
   2. Referrals that are existing customers of Cryptology will not be considered Eligible Referrals. This also includes (i) a beneficial owner of the Referral, (ii) an entity that controls, is controlled by, or is under common control with, the Referral, or (iii) any entity with whom Cryptology or one of its affiliates is then negotiating to provide the designated services.
   3. Affiliates are prohibited from referring themselves or creating multiple, duplicate, or fraudulent accounts to exploit the Program.
   4. To ensure fairness and accountability in the tracking of Referrals, registrations occurring after the 7-day period will not be considered as Eligible Referrals.
   5. In cases where a Referral accesses links from multiple Affiliates, the Referral will be attributed to the Affiliate whose link was accessed first, provided this access falls within the aforementioned 7-day period.
   6. If a Referral willfully or accidentally deletes tracking cookies from their computer, such Referral will not be considered an Eligible Referral.
   7. Cryptology has the sole discretion to accept or reject a Referral as a customer and may terminate the business relationship with any customer at any time. All customer data remains the sole property of Cryptology.
   8. Cryptology reserves the right to amend, alter, or introduce additional eligibility criteria at its sole discretion.
7. Performance. 
   1. Cryptology may, from time to time, issue Marketing Guidelines for the Program, which shall be deemed incorporated herein by reference. Compliance with these Marketing Guidelines is mandatory for all Affiliates and shall be considered integral to the obligations under these Terms.
   2. Affiliates shall be solely responsible for determining the manner of promoting the Cryptology Platform and designated services under the Program, always subject to these Terms, the Marketing Guidelines, and applicable laws.
   3. Affiliates are strictly prohibited from engaging in or facilitating spamming, sending unsolicited communications, or employing any form of misleading, deceptive, or unethical advertising. This includes, but is not limited to, practices such as false claims, bait advertising, or phishing.
   4. Affiliates are mandated to transparently disclose their partnership with Cryptology in all promotional activities under the Program. This disclosure must be clear, conspicuous, and consistent with the legal and regulatory requirements pertaining to advertising and consumer protection.
   5. The violation of these provisions will result in immediate legal action, which may include termination of the Affiliate’s participation in the Program, forfeiture of accrued commissions, and potential legal repercussions.
   6. Affiliates are solely responsible for all costs and expenses incurred in their promotional activities, including taxes and other business expenses.
   7. Affiliates must comply with all applicable laws, regulations, and industry standards in advertising, especially those related to cryptocurrency.
   8. Misrepresentation of Cryptology or any of its services, unauthorized use of the intellectual property of Cryptology or any third party, or engagement in defamatory or libelous advertising will be grounds for immediate termination of the Affiliate’s participation in the Program and legal actions against the Affiliate.
   9. Affiliates are prohibited from making any express or implied representations or providing advice regarding investments, investment outcomes, likelihood of returns, or investment suitability in the course of their participation in the Program.
8. Performance Monitoring.
   1. Cryptology employs advanced tracking mechanisms to accurately attribute customer registrations to the corresponding Affiliate’s referral link.
   2. Affiliates must not manipulate or interfere with the tracking process. Any attempts to artificially inflate referral statistics or impersonate users will result in immediate termination from the Program and potential legal actions.
   3. The Affiliate Platform provides tracking reports and comprehensive analytical tools, allowing Affiliates to monitor their Referrals’ performance and statistics, including the number of referred customers, generated trading volume, and commission earnings.
   4. Affiliates are expected to regularly review their account performance and promptly report any discrepancies or concerns to Cryptology. 
9. Modification of the Referral Process.
   1. Cryptology reserves the unilateral right to modify any aspect of the Program at its discretion. This may include changes to the structure of referral links, tracking mechanisms, commission rates, and other key components of the Program.
   2. Cryptology will use commercially reasonable efforts to notify Affiliates of any changes to the referral process in advance through the Affiliate Platform or via email. Upon receiving such notice, Affiliates are required to adhere to the updated terms as part of their continued participation in the Program.

3. COMMISSION AND PAYMENT

10. Commission Types and Calculation.
    1. Cryptology shall pay Affiliates the commission for referral services rendered under the Program (the “Commission”).  The Commission can be of two types:

• Fee-based: Calculated as a percentage of fees paid by Eligible Referrals to Cryptology for trading on the Cryptology Platform (applicable to Spot and Futures products).
• Reward-based: Calculated as a percentage of Eligible Referrals' earnings from Grow services on the Cryptology Platform (applicable to Staking product).

2. The Commission shall be calculated by Cryptology in its absolute discretion and incorporates the fees or earnings accrued from the Affiliate's Eligible Referrals and the Commission Rate, post deductions for any trading fee discounts extended by Cryptology, fees disbursed to third-party market makers, or other ancillary fees. The Commission Rate, subject to change at Cryptology's discretion, shall be constantly accessible within the Account on the Affiliate Platform.

11. Commission Report and Discrepancies.
    1. The tracking report generated by Cryptology and accessible via the Account, detailing the trading activities of the Affiliate's Eligible Referrals and subsequent Commission calculations, shall be deemed definitive and binding.
    2. In the event the Affiliate discovers any discrepancy between their records and Cryptology’s tracking report, the Affiliate is obligated to notify Cryptology in writing within ten (10) working days of generating the said report.  The notification must sufficiently detail the nature of the discrepancy. Failure to adhere to this notification timeframe shall result in the Affiliate being deemed to have accorded full acceptance to Cryptology’s report, thereby relinquishing any right to subsequently dispute its accuracy.
    3. In instances where the reported discrepancy is equal to or less than ten percent (10%), Cryptology and the Affiliate shall collaboratively engage in good faith negotiations to expeditiously resolve such dispute to mutual satisfaction. Should the discrepancy exceed ten percent (10%), the Affiliate unequivocally acknowledges and agrees that the tracking report furnished by Cryptology shall preside as final and binding. The Affiliate hereby waives any rights to contest such report and agrees to the Commission calculation based therein, foregoing any claims for additional remuneration based on their individual tracking records.
12. Commission Payout.
    1. The Commission earned by an Affiliate accrues within their Account on the Affiliate Platform. It is calculated and payable in the default transactional currency - USDT (Tether) (the “Default Currency”).
    2. The Affiliate has the right to request withdrawals of their accumulated Commission at any given time through their Account.
    3. In instances where fees paid or earnings received by an Eligible Referral are in a currency other than the Default Currency, the currency conversion requisite for the payment of the Commission shall be effected at the applicable conversion rate on the Cryptology Platform. This rate is determined by Cryptology at the time of the respective trade. Following such conversion, the Commission shall be duly credited to the Affiliate’s Account.
    4. For the withdrawal of the accumulated Commission, the standard withdrawal fees as outlined on the Cryptology Platform (Cryptology Fees) will apply.
    5. The withdrawal fees will be appended to the total amount of the Commission requested for withdrawal by the Affiliate.
    6. Cryptology retains the exclusive right and discretion to offer alternative methods of Commission payment or to transact in currencies other than the Default Currency.
    7. Any such modifications or offerings of alternative payment methods will be communicated to Affiliates and effected in compliance with applicable financial regulations and industry standards.
13. Compliance and Penalties. 
    1. Commission payments are contingent upon the Affiliate's strict adherence to the Terms, Marketing Guidelines, and any incorporated policies. In the event of any dispute or complaint emanating from any of the Affiliate's Referrals, Cryptology reserves the right to retain any Commission due until such disputes are amicably resolved. 
    2. In instances where Cryptology detects any form of abuse, irregularity, or non-compliant activity in the trading practices of Referrals introduced by the Affiliate, Cryptology reserves all rights, including but not limited to, the immediate suspension or termination of the Affiliate’s Account, at its sole discretion.
    3. In situations where there is any activity in the Affiliate's Account, or any related account appearing to be under the Affiliate's control or influence, that is deemed suspicious or potentially in breach of any provision of these Terms, Cryptology, in its sole discretion, may withhold the payment of the Commission until the relevant transactions are duly verified. Should Cryptology, at its discretion, determine such activity constitutes fraudulent traffic, a breach of applicable law, or a violation of any agreement between Cryptology and the Affiliate or the Referral, as the case may be, Cryptology retains the right to terminate these Terms and/or to cancel, recalculate, or withhold the Commission accordingly. Additionally, Cryptology is entitled to recall any Commission already paid out to the Affiliate under such circumstances.
14. Taxes.
    1. Unless expressly stated otherwise, Commissions payable to Affiliates are exclusive of Value Added Tax (VAT). Where applicable, and as required for tax purposes or upon Cryptology's request, Affiliates shall submit invoices to Cryptology for the Commissions inclusive of VAT.
    2. Any VAT imposed by government, statutory, or tax authorities shall be borne by the Affiliate unless otherwise specified.
    3. Cryptology retains the right to withhold from any payments under these Terms such federal, state, local, or foreign taxes as required under applicable law or regulation.
    4. If Cryptology is obligated by law to withhold taxes from its payments and remit such taxes to the local taxing jurisdiction, payment to the Affiliate will be made net of such taxes. 
    5. The Affiliate is solely responsible for paying all income, sales, and other taxes, duties, or fees imposed by applicable laws and regulations as a result of the payments received under these Terms.

4. AFFILIATES’ OBLIGATIONS AND PROHIBITED ACTIVITIES

15. General Obligations.
    1. Registration and Account Integrity.

• Affiliates are required to provide and continually maintain accurate, complete, and up-to-date information during the registration process and subsequently within their Account on the Affiliate Platform.
• Except as specifically authorized by Cryptology, each Affiliate is restricted to operating a single Account and is expressly prohibited from registering multiple Accounts.

2. Compliance with Laws and Policies.

• Affiliates must comply with all relevant laws and regulations, including those pertaining to advertising, social media, privacy, competition, and online conduct.
• Affiliates are required to adhere to the terms and conditions, community guidelines, and policies of online platforms used for promotions under the Program.
• Affiliates must comply with all Cryptology’s policies, rules, and procedures including but not limited to these Terms and Marketing Guidelines.

3. Transparency and Disclosure.

• Affiliates must promptly inform Cryptology of any legal complaints, criminal prosecutions, or negative press releases or publications related to their personal or business affairs after they apply for the Program.
• Affiliates must immediately notify Cryptology of any material developments or alterations in their circumstances or activities that could reasonably be anticipated to exert an adverse impact on Cryptology. 

4. Disclosure of Risks.

• Affiliates are required to fully disclose the inherent risks associated with digital assets, cryptocurrencies, and related services in all promotional materials used under the Program.
• Affiliates are required to include appropriate legal disclaimers in their promotional materials as mandated by applicable laws and regulations. These disclaimers should be clear, unambiguous, and as specific as possible.
• Disclaimers and risk disclosures must be prominently displayed and written in a manner easily understandable to the average consumer. They should not be obscured or minimized in any promotional materials.

5. Ethical Conduct and Good Faith.

• Affiliates are obligated to uphold the integrity of the Program. This involves a commitment to act in good faith, focusing on the primary goal of introducing new users to Cryptology, and aligning all promotional efforts with the ethos and strategic objectives of the Program.
• All promotional activities undertaken by Affiliates must adhere to the highest standards of professionalism. This includes ensuring that all promotional content is accurate, truthful, and presented in a manner that is neither misleading nor deceptive. Affiliates must also ensure that their promotions are conducted in a manner that is respectful and dignified.

6. Financial Responsibility.

• Affiliates shall bear full responsibility for all costs and expenses incurred in the course of their promotional activities under the Program. This encompasses but is not limited to, advertising costs, promotional materials, and any other expenses associated with the generation of Referrals or any other activity under the Program.
• Affiliates must independently manage and allocate their financial resources for promotional activities. Under no circumstances will Cryptology be liable for reimbursing or compensating Affiliates for any such expenses. Affiliates enter into promotional activities with the understanding that they bear the financial risks associated with such undertakings.
• Affiliates are responsible for the declaration and payment of all taxes, duties, and levies that may arise from their earnings and expenses under the Affiliate Program. This includes adherence to local and international tax laws relevant to their business operations and jurisdiction.

7. Reporting and Communication.

• Upon reasonable request by Cryptology, Affiliates must provide detailed reports regarding their promotional activities and any information, documents, data, and materials related to the activities performed by Affiliates under the Program.
• Affiliates must maintain a consistent and transparent line of communication with Cryptology, providing updates on promotional strategies, reporting any challenges or issues, and responding promptly to inquiries or requests for information from Cryptology. 

8. Data Privacy and Security.

• Affiliates are required to strictly adhere to all applicable data protection and privacy laws. This includes ensuring the confidentiality and security of any personal data collected during promotional activities, and using such data solely for the purposes authorized under these Terms and consistent with applicable privacy regulations.

9. Representational Limitations.

• Affiliates are strictly prohibited from making any false, misleading, or exaggerated claims regarding Cryptology, its services, or the nature of their association with Cryptology. This prohibition extends to all forms of communication, including advertising, social media posts, and direct interactions with potential Referrals.
• Affiliates are not authorized to make any commitments, promises, or agreements on behalf of Cryptology or to imply any form of endorsement or support from Cryptology that is not formally provided. 
• Affiliates must exercise caution to ensure their actions or statements do not inadvertently bind Cryptology to any agreements, commitments, or obligations. This restraint is crucial to preserve the integrity of Cryptology's business relationships and legal standing.
• Affiliates acknowledge and accept that they will be held liable for any damages, losses, or legal consequences resulting from their misrepresentations or unauthorized commitments. This includes potential legal action by Cryptology to recover damages or seek injunctions against further misrepresentations.
• In the event that an Affiliate becomes aware of any misrepresentations they have made, either inadvertently or otherwise, they are obligated to notify Cryptology and take immediate corrective action. This includes issuing clarifications, retractions, or any other necessary measures to rectify the misinformation disseminated.

16. Prohibited Activities.
    1. Unethical Marketing Practices.

• Engaging in any form of spamming, including the transmission of unsolicited emails, messages on social media platforms, or any other digital or physical medium, is strictly prohibited. Affiliates must obtain explicit consent for all marketing communications in compliance with anti-spam laws.
• Affiliates are forbidden from employing deceptive, misleading, or dishonest advertising practices. This prohibition encompasses the use of misleading headlines (“clickbait”), false advertising, bait-and-switch tactics, and any other forms of deceptive promotional methods. Affiliates must present Cryptology's services and their affiliation accurately and transparently in all marketing materials.

2. Violation of Laws and Regulations.

• Affiliates must refrain from engaging in any activities that contravene applicable laws and regulations. This includes but is not limited to breaches of privacy, data protection, financial services regulations, and any other relevant legal provisions.
• Affiliates are required to conduct their activities in strict compliance with the regulatory standards governing their jurisdiction, as well as those of their referred Referrals. This includes observing all rules and guidelines related to financial promotions and digital marketing.

3. Misuse of Intellectual Property.

• The unauthorized use of Cryptology's trademarks, branding, or intellectual property is strictly prohibited. Affiliates must seek and obtain explicit authorization from Cryptology before employing its brand assets and must avoid creating derivative works or engaging in any form of brand misuse.

4. Manipulative and Unfair Practices.

• Affiliates are strictly prohibited from exploiting any vulnerabilities, glitches, or loopholes in the Cryptology Platform or Affiliate Program for personal gain or advantage.
• Any form of manipulation of the referral process, including but not limited to, the creation of fake accounts, artificially inflating referral statistics, or any other tactics intended to falsely enhance referral numbers, is strictly forbidden.

5. Restricted Content and Offerings.

• Affiliates are strictly prohibited from associating Cryptology's branding or services with any content that is defamatory, obscene, offensive, or promotes discrimination, violence, or illegal activities. This includes but is not limited to content that incites hatred, advocates for unlawful conduct, or is primarily political in nature, adult content, pornography, weapons, graphic violence, alcohol, drugs, tragedy, transportation accidents, sensitive social issues, gambling, or content that is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise).
• Affiliates are forbidden from offering any unauthorized bonuses, rewards, or incentives to Referrals. Unauthorized offerings may mislead potential Referrals and damage Cryptology's reputation and credibility.

6. Absolute Prohibition on Disclosure of Confidential Information.

• Affiliates must safeguard and not disclose any confidential or proprietary information related to Cryptology or its clients without explicit, written authorization. Confidential information includes business strategies, client data, operational details, and any information deemed sensitive by Cryptology. Unauthorized disclosure may lead to legal action and termination from the Program.

7. Conflict of Interest.

• Affiliates must refrain from engaging in activities that present a conflict of interest with Cryptology. This includes promoting competitor platforms, services, or any actions that undermine Cryptology’s interests. Affiliates should demonstrate loyalty and avoid situations where their actions could be seen as detrimental to Cryptology’s business objectives.

8. Targeting Prohibited Jurisdictions and Individuals.

• Affiliates are prohibited from targeting users in the Prohibited Jurisdictions as well as where Cryptology’s operations are not permitted or where its services are legally restricted. 
• Affiliates must not engage with, nor target, individuals or entities that are subject to sanctions (including EU, US, UN, UK) or included on prohibited lists. This includes conducting thorough due diligence to ensure compliance with global sanctions regimes and avoiding any business relationships with such sanctioned parties.

5. DATA PRIVACY AND SECURITY

17. Confidentiality and Security of Personal Data
    1. Affiliates must comply rigorously with all relevant data protection and privacy laws applicable in their jurisdiction, as well as any jurisdictions in which they operate or target users. This compliance extends to but is not limited to, the General Data Protection Regulation (GDPR) and the ePrivacy Directive of the European Union.
    2. Affiliates must implement and maintain stringent security measures to ensure the confidentiality and integrity of any personal data they collect, store, or process during their promotional activities under the Program. This includes adopting appropriate technical and organizational measures to protect against unauthorized or unlawful processing, accidental loss, destruction, or damage of personal data.
    3. The collection, use, and processing of personal data by Affiliates must be limited solely to the purposes expressly authorized under these Terms and consistent with the consent provided by the data subjects. Affiliates are prohibited from using personal data for any unauthorized purposes, including but not limited to, resale, data mining, or extraction for non-Program-related activities.
    4. Affiliates are required to provide clear, concise, and transparent information to data subjects about the nature and extent of data collection and processing. This includes obtaining explicit consent where required by law, and ensuring that data subjects are fully aware of their rights in relation to their personal data.
    5. Affiliates must respect and facilitate the exercise of data subject rights under applicable data protection laws, such as the right to access, rectification, erasure, data portability, and the right to object to or restrict processing.
    6. In the event of a data breach or security incident involving personal data, Affiliates are required to notify Cryptology and relevant data protection authorities promptly, in accordance with legal requirements.
    7. Affiliates must maintain comprehensive records of their data processing activities, documenting the nature of data collected, the purposes of processing, any data sharing or transfers, and the security measures implemented.

6. INTELLECTUAL PROPERTY AND BRAND USAGE

18. Authorized Use.
    1. Affiliates are granted a limited, non-exclusive, non-transferable right to utilize Cryptology's trademarks, service marks, logos, trade names, domain names, and other distinctive brand features or branding elements (collectively, “Intellectual Property”) strictly for the purpose of promoting Cryptology’s services in alignment with the Program.
    2. This grant of rights is subject to the Affiliate’s strict compliance with these Terms, Marketing Guidelines, and Cryptology's brand guidelines, which outline the acceptable use of the Intellectual Property, including but not limited to, guidelines on size, color, context, and placement. Affiliates must adhere to these guidelines to maintain consistency and integrity in Cryptology’s brand representation.
    3. The manner in which Affiliates use Cryptology's Intellectual Property must reflect positively on the quality and reputation of Cryptology’s services. The presentation, messaging, and overall quality of the promotional materials must meet or exceed industry standards and should not in any way diminish or devalue Cryptology’s brand or reputation.
19. Brand Guidelines Compliance.
    1. Affiliates must strictly adhere to Cryptology's brand guidelines, ensuring that all uses of Cryptology's Intellectual Property are consistent with Cryptology’s brand identity and messaging provided from time to time by Cryptology.
    2. Cryptology reserves the right to provide feedback, request modifications, or reject the use of its Intellectual Property in Affiliate materials. Affiliates are expected to incorporate any feedback or required changes promptly upon request by Cryptology.
    3. Cryptology may periodically review and update its brand guidelines. Affiliates are responsible for staying informed about such updates and adjusting their use of Cryptology’s Intellectual Property accordingly.
20. Restrictions and Limitations.
    1. Affiliates are prohibited from altering, modifying, or creating derivative works of Cryptology’s Intellectual Property. This includes any adjustments to the design elements, colors, proportions, or any other aspect of Cryptology’s trademarks or logos without prior written approval.
    2. Affiliates must not use Cryptology’s Intellectual Property in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Cryptology. The use must not imply endorsement by, affiliation with, or sponsorship by Cryptology beyond the scope of the Program.
    3. Affiliates are expressly forbidden from registering domain names, social media handles, trademarks, or any other identifiers that are confusingly similar to Cryptology’s Intellectual Property.
21. Ownership Acknowledgement.
    1. Affiliates must acknowledge and accept that all rights, titles, interests, and claims in and to Cryptology’s Intellectual Property, including but not limited to trademarks, service marks, trade names, logos, domain names, and any other distinctive brand features, are the exclusive property of Cryptology.
    2. Affiliates agree not to challenge, contest, or otherwise dispute Cryptology’s exclusive ownership of its Intellectual Property at any time during or after their participation in the Program.
    3. The use of Cryptology’s Intellectual Property by Affiliates does not grant them any ownership rights, interests, or claims in Cryptology’s Intellectual Property. Affiliates’ use of Cryptology’s Intellectual Property is purely for promotional purposes within the scope of the Affiliate Program.
    4. Affiliates agree that any and all goodwill generated through their use of Cryptology’s Intellectual Property will accrue exclusively to the benefit of Cryptology. Affiliates shall take no action that may harm, dilute, or negatively affect the value or reputation of Cryptology’s Intellectual Property.
    5. Affiliates are expressly prohibited from making any claims to ownership of Cryptology’s Intellectual Property, filing any trademark applications, or registering domain names that are identical or confusingly similar to Cryptology’s Intellectual Property.
    6. Affiliates are responsible for ensuring that their promotional activities do not infringe upon the Intellectual Property rights of third parties and are compliant with all relevant intellectual property laws.
22. Revocation of Usage Rights
    1. Cryptology reserves the right to revoke the Affiliate’s right to use its Intellectual Property at any time, particularly in cases of misuse or non-compliance with these Terms.
    2. Upon termination of the Affiliate’s participation in the Program for any reason, the Affiliate must immediately cease all use of Cryptology’s Intellectual Property.

7.  REPRESENTATIONS AND WARRANTIES

23. The Affiliate represents and warrants to Cryptology that as of the date of applying for the Program and continuously during the period while the Affiliate conducts any activity under the Program, the following statements are valid, true, and correct.
    1. The Affiliate has the legal capacity and authority to enter into and perform their obligations under these Terms. If the Affiliate is an entity, it warrants that it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation.
    2. The Affiliate warrants that they will conduct their business in compliance with all applicable laws, regulations, and guidelines, including but not limited to those pertaining to advertising, marketing, privacy, data protection, and the promotion of digital assets and financial services.
    3. The Affiliate warrants that their promotional activities and use of Cryptology’s Intellectual Property will not infringe upon the rights, including intellectual property rights, of any third party.
    4. The Affiliate represents and warrants that all information provided to Cryptology in connection with the Program is accurate, complete, and not misleading.
    5. There are no ongoing or pending legal disputes, litigation, or regulatory actions against the Affiliate.
    6. The Affiliate has all requisite power to execute, deliver, and perform these Terms and consummate the activity contemplated hereunder. The person executing these Terms on behalf of the Affiliate has full power and authority to bind the Affiliate to perform its obligations hereunder.

8. TERMINATION

24. Termination by Cryptology.
    1. Cryptology reserves the right to terminate an Affiliate’s participation in the Program immediately and without notice for cause, including but not limited to breach of these Terms, engagement in prohibited activities, or any action that damages Cryptology’s brand or reputation.
    2. Cryptology may also terminate an Affiliate’s participation in the Program at any time and for any reason upon providing reasonable notice.
25. Termination by Affiliate.
    1. Affiliates may choose to terminate their participation in the Program at any time by providing written notice to Cryptology or closing their Account.
26. Consequences.
    1. Upon termination, Affiliates must immediately cease all use of Cryptology’s Intellectual Property, branding, and any promotional materials provided by Cryptology. Affiliate shall also cease all representations of being an affiliate of Cryptology and must refrain from further promoting or marketing Cryptology’s services. All rights and licenses granted to the Affiliate under these Terms will be revoked.
    2. Affiliates will be eligible to receive the Commission earned prior to the date of termination, provided that the termination was not for cause. If the termination is for cause, Cryptology reserves the right to withhold or forfeit the payment of any pending Commission.
    3. The Affiliate’s obligation to maintain the confidentiality of Cryptology’s proprietary and confidential information survives the termination of these Terms.
    4. Cryptology shall not be liable to the Affiliate or any third party for any damages, losses, or expenses arising from the termination of the Affiliate’s participation in the Program.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

27. LIMITATION OF LIABILITY.
    1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPLICITLY PROVIDED IN THESE TERMS. CRYPTOLOGY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES, OR ANY THIRD PARTY. THIS DISCLAIMER INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
    2. CRYPTOLOGY EXPRESSLY DISCLAIMS ANY WARRANTY THAT ANY MATERIALS OR ASSETS PROVIDED BY CRYPTOLOGY, OR FEEDBACK PROVIDED ON ANY MATERIALS OR ASSETS INTENDED TO BE USED BY THE AFFILIATE ARE IN COMPLIANCE WITH ANY LAWS, REGULATIONS AND REGULATORY GUIDELINES APPLICABLE TO THE AFFILIATE AND THE AFFILIATE’S ACTIVITIES UNDER THE PROGRAM.
    3. FOR AVOIDANCE OF DOUBT THE AFFILIATE BEARS THE FULL AND SOLE RESPONSIBILITY TO ENSURE THE ACTIVITIES THEY UNDERTAKE TO PROMOTE CRYPTOLOGY UNDER THE PROGRAM ARE IN COMPLIANCE WITH ANY APPLICABLE LAWS, REGULATIONS AND REGULATORY GUIDELINES. CRYPTOLOGY DOES NOT ENDORSE, VERIFY, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR SERVICES OFFERED OR PRESENTED BY AFFILIATES.
    4. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL CRYPTOLOGY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS EVEN IF CRYPTOLOGY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY IN THE EVENT OF CRYPTOLOGY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. 
    5. TO THE MAXIMUM EVENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CRYPTOLOGY TO AN AFFILIATE FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF CRYPTOLOGY'S SERVICES AND PARTICIPATION IN THE PROGRAM EXCEED THE TOTAL AMOUNT OF THE COMMISSION PAID OR PAYABLE TO THE AFFILIATE BY CRYPTOLOGY UNDER THESE TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
28. INDEMNIFICATION
    1. THE AFFILIATE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CRYPTOLOGY, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATING TO (I) THE AFFILIATE’S PARTICIPATION IN THE PROGRAM; (II) THE AFFILIATE’S BREACH OF ANY PROVISION OF THESE TERMS; (III) THE AFFILIATE’S UNAUTHORIZED OR IMPROPER USE OF CRYPTOLOGY’S INTELLECTUAL PROPERTY; (IV) ANY FAILURE BY THE AFFILIATE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS.
    2. THE AFFILIATE SHALL ALSO INDEMNIFY THE INDEMNIFIED PARTIES AGAINST ANY CLAIMS ARISING OUT OF OR RELATED TO THE AFFILIATE’S MARKETING ACTIVITIES UNDER THE PROGRAM, INCLUDING BUT NOT LIMITED TO CLAIMS OF FALSE ADVERTISING, MISREPRESENTATION, DEFAMATION, VIOLATION OF PRIVACY RIGHTS, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
    3. THE AFFILIATE’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND THE AFFILIATE’S PARTICIPATION IN THE PROGRAM.

10. RISKS ASSOCIATED WITH DIGITAL ASSETS

29. Risk Disclosure.
    1. Legal Status and Government Protection. In most jurisdictions, digital assets are not recognized as legal tender, and investments in these assets are not protected by any government schemes or insurance policies. This means that losses due to market volatility, fraud, technological failures, or regulatory changes are not covered by any state guarantees or compensation programs. The legal status of digital assets varies between jurisdictions and may change over time. Compliance with laws and regulations, including those related to anti-money laundering (AML) and know-your-customer (KYC) standards, is crucial but may be subject to change.
    2. Market Risk. Investments in digital assets involve exposure to market volatility. Prices can fluctuate widely due to various factors including technological developments, regulatory changes, market dynamics, and broader economic trends. Investors should be prepared for the possibility of significant losses. Some digital asset markets are highly concentrated, with a significant portion of assets held by a small number of entities, which can lead to market manipulation and increased volatility.
    3. Regulatory Risk: The legal and regulatory framework for digital assets is evolving. Changes in laws, regulations, or government policies could impact the legal standing and financial viability of digital asset investments. This includes tax laws, securities regulations, and other financial rules.
    4. Technology Risk: Digital asset investments rely on blockchain technology, which carries inherent risks. These include vulnerabilities to cyber-attacks, software bugs, and disruptions due to internet connectivity issues. Technological failures can lead to financial losses.
    5. Liquidity Risk: Some digital assets may lack liquidity, making it difficult to buy or sell large amounts without significant price impact. This risk is compounded by the fact that digital asset markets can vary greatly in terms of liquidity and market depth.
    6. Third-Party Risks: Many digital asset transactions rely on third-party platforms or service providers. Operational failures, security breaches, or disruptions in these third parties can adversely affect investments.
    7. Fraud and Operational Risk: The digital asset market is susceptible to fraudulent activities and operational mishaps, including deceptive schemes, misrepresentation, or misappropriation of assets through security breaches.
    8. Taxation Risk: The taxation of digital asset transactions varies globally and may be subject to change. Investors are responsible for understanding and complying with the tax obligations in their jurisdiction.
    9. Performance Risk: The performance of digital assets can deviate from expectations due to technical issues, changes in consensus algorithms, or variations in network activity.
    10. Custodial Risk: Risks associated with the safekeeping of digital assets, particularly when held in wallets or on exchanges, include the potential for loss due to hacking, theft, or operational errors. The security of digital wallets used to store digital assets is critical. Loss of private keys, wallet credentials, or exposure to security vulnerabilities can result in the permanent loss of digital assets.
    11. Changes in Technology and Protocols: The underlying technology of digital assets is subject to change, including forks, protocol upgrades, or other alterations, which can affect asset value and functionality. The underlying protocol of a digital asset network can undergo changes (forks), creating significant volatility and uncertainty. This can lead to the creation of new assets or fundamentally change the nature of the existing asset.
    12. Smart Contract Risk: For digital assets utilizing smart contracts, there are risks related to the execution and functioning of these contracts. Flaws, bugs, or vulnerabilities in smart contracts can lead to loss or theft of assets.
    13. Environmental and Energy Consumption Risk: Some digital assets, particularly those using proof-of-work consensus mechanisms, have high energy consumption and environmental impact. This can lead to regulatory and social risks.
    14. Interoperability Risk: As the digital asset ecosystem involves various blockchain networks and technologies, there is a risk associated with the interoperability between these different systems. Technical difficulties in cross-chain transactions or integrations can occur.

11. GENERAL PROVISIONS

30. Entire Agreement. These Terms constitute the entire agreement between you and Cryptology regarding your participation in the Program and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Cryptology.
31. Independent Contractor. The Affiliate is an independent contractor, and these Terms do not establish any relationship of partnership, joint venture, employment, franchise, or agency between Cryptology and the Affiliate. The Affiliate will not have the power to bind Cryptology or incur obligations on Cryptology’s behalf without the Cryptology’s prior written consent.
32. Notice. Cryptology will provide all notices and other communications to Affiliates via the Account and/or via the e-mail addresses specified by Affiliates during registration on the Affiliate Platform.
33. Amendments. Cryptology may amend these Terms at any time by providing a reasonable notice to you. Your continued participation in the Program after any such changes shall constitute your consent to such changes.
34. Assignment. You may not assign or transfer any rights, obligations, or privileges that you have under these Terms without the prior written consent of Cryptology. Cryptology may assign its rights and obligations under these Terms to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without notice.
35. Severability. If any provision in these Terms is deemed to be or becomes invalid, illegal, void, or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be deleted, but the validity, legality, and enforceability of the remaining provisions of these Terms shall not be impaired or affected in any way.
36. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Cryptology operates, without regard to its conflict of law rules.
37. Dispute Resolution. Any disputes arising out of or related to these Terms will be resolved through confidential binding arbitration in accordance with the rules of the jurisdiction in which Cryptology operates.
38. No Waiver. Any failure or delay by Cryptology to require compliance by a User with any of the terms, or exercise any right or remedy, provisions, warranties, covenants, or conditions of these Terms will in no way affect Cryptology's right to enforce the same, nor will any waiver by Cryptology of any breach of any term, provision, warranty, covenant or condition of these Terms constitute a waiver of any succeeding breach.