Affiliate Programme Terms of Service

These Terms and Conditions were last updated on the 6th of March 2025.

These Affiliate Programme Terms of Service are part of SimpleSwap's overall Terms of Service. SimpleSwap (www.simpleswap.io) is a platform owned by SimpleSwap Ltd. made to swap crypto assets (“Platform”)

Make sure you are acquainted with the up-to-date version of these Terms as we may change them from time to time at our discretion. In such a case, we will notify you of changes in your SimpleSwap Account, and the changes will be effective upon publication. Continuing to participate in the Programme after modifications means you accept and agree to the updated Terms.

There are two levels (tiers, as described below) of the Affiliate Programme that allow you to earn Rewards through direct promotions or by benefiting from the efforts of recruited affiliates.

1. Definitions

"Affiliate", "you," "your," and "yours” refers to an individual or entity participating in the Programme responsible for directly promoting the Platform to customers (“Referrals”), earning a Reward on each Completed Transaction, and potentially recruiting new affiliates in a Two-Tier Affiliate Programme.

"Referral" is a new customer referred by the Affiliate for purchasing SimpleSwap's Services through Tools.

“One-Tier Programme” model involves Affiliates directly promoting the Platform to Referrals, earning a Reward for each Completed Transaction made by their Referrals. In this structure, Affiliates are solely responsible for directly introducing Referrals to the Platform.

“Two-Tier Programme” model allows Affiliates to have the opportunity to earn Rewards not only from their direct Referrals (First-Tier) but also from the Referrals made by the Affiliates they have recruited (Second-Tier). Here, Second-Tier Affiliates promote the Platform to customers, generating sales or leads and earning Rewards on those transactions. Simultaneously, the First-Tier Affiliate (the recruiter) is entitled to a Reward on all the transactions generated by their recruited Second-Tier Affiliates during 180 days of the first such transaction by each Second-Tier Affiliate.

"First-Tier Affiliate" refers to the first level of affiliates who directly promote the products or services to Referrals and earn a Reward on each Completed Transaction. They may also recruit new affiliates ("Second-Tier") to the Programme.

"Second-Tier Affiliate" refers to the affiliates recruited by First-Tier Affiliates, who promote the Platform to customers and earn Rewards from their sales, while the First-Tier Affiliate also earns a Reward on the Completed Transaction generated by the Second-Tier Affiliate.

"Affiliate Account" and "Account" refer to the Affiliate's account with SimpleSwap.

"Promotion " is a way the Affiliate offers and promotes Services and Platform (such as web sites, social networks, mobile applications, email databases, messengers, etc.) to Referrals.

"Services" is a crypto assets exchange services provided by SimpleSwap to customers.

"Tools" are referral links, APIs, widgets, and buttons provided by SimpleSwap for the use in Affiliate Promotion that allow Referrals to use the Platform and enjoy the Services.

"Reward" or “Affiliate's Reward” is a fee SimpleSwap pays to the Affiliate for Completed Transactions made by Referrals.

"Completed Transaction" means transaction, that is not cancelled or refunded, performed by a Referral directed to SimpleSwap via Tools.

“Restricted Location” are defined by SimpleSwap Terms of Service.

“Restricted Person” means an individual or entity that has been designated by a government or regulatory authority as being involved in illegal activities such as fraud or money-laundering or supporting terrorism, individuals or entities subject to sanctions or other restrictions by governments or international organisations, individuals currently residing within or entities registered under the jurisdiction of countries that are considered as Restricted Locations. Minors under 18 years of age are also considered as Restricted Persons under these Terms.

"Related Persons" include family members (parent, spouse, partner, child, or sibling), officers, employees, shareholders, directors, contractors, agents, partners, professional advisers (including, but not limited to legal counsels, consultants, accountants, contractors, and financial advisors), limited partners, potential financing sources, insurers, and other associates of an individual or entity.

All other definitions may be found in SimpleSwap Terms of Service at: https://simpleswap.io/terms-of-service.

2. Engagement and Participation

2.1. The Affiliate Programme allows you to promote SimpleSwap and earn a Reward when Referrals make a Completed Transaction.

2.2. SimpleSwap employees (or their Related Persons) cannot participate in the Affiliate Programme.

2.2. To join the Programme, you should create an Account on the Platform, fill out the Affiliate application form, and choose the offered Tools. Setting up the Tools for Promotion will let Referrals use the Services. You don’t have to wait for our approval of your participation, everything is done automatically, though we keep the right to close any Affiliate Account if we find any breach of these Terms or the SimpleSwap Terms of Service. In such cases, re-joining the Programme will be prohibited forever.

2.3. By participating in the Programme, you agree that you understand these Terms, give us correct information, have the legal capacity to enter this agreement, and that your participation doesn't violate any laws, agreements, or regulations. We take no responsibility for the actions, methods of promotion, costs, or any other aspects related to the Affiliate's participation in the Programme. It is your sole responsibility to manage your promotional activities and comply with all applicable regulations.

2.4. By inviting Referrals to use the Services through the Affiliate Programme, you must make sure that they understand and accept the SimpleSwap Terms of Service, and that their participation doesn't violate any laws, agreements, or regulations. If a Referral doesn’t follow SimpleSwap's Terms of Service, their transactions may be disqualified for the purpose of this Programme.

2.5. You must work closely with SimpleSwap to use and maintain Tools to ensure a seamless and compliant user experience.

2.6. In a One-Tier Programme Referrals have 30 days to make a Completed Transaction for your accounts to be linked. If another referral source is used within the initial 30 days, your referral will be overwritten, and you will not receive a Reward for that Referral's account.

2.7. The rights granted to the Affiliate are non-exclusive, and SimpleSwap can enter other affiliate agreements and promote its Services without any limitations.

2.8. During your participation in the Programme, you may use paid advertisements for Promotion, but you have to strictly obey restrictions, follow guidelines and fulfil requirements provided in these Terms (see Chapter 5). There are restrictions on branded keywords (e.g., "SimpleSwap"); please consult our support service via simpleswapads@gmail.com in advance and provide us with access to your Ads Service Provider account with at least the right to observe the content for we could check that you observe the restrictions.

2.9. We appreciate your cooperation and commitment to following these Terms. If you, as an Affiliate, happen to break any of the rules laid out in these Terms, we may take action to resolve the situation. This could include freezing or recovering any and all the Rewards you've earned, giving you a warning, or even terminating our agreement. By agreeing to these Terms, you accept responsibility and liability for repaying any such Rewards in case of a violation. We'll look closely at the details of each case to determine the best and just course of action. Our priority is to maintain a friendly and cooperative environment with all our Affiliates, so we'll always strive to handle violations fairly and honestly. 

3. Two-Tier Affiliate Programme

3.1. The Two-Tier Programme lets Affiliates earn Rewards not only from their direct Referrals (First-Tier) but also from the Referrals made by the Affiliates they have recruited (Second-Tier).

3.2. To join the Two-Tier Programme, you should contact your personal manager, who will create a link and provide it to you. New Affiliates registering with that link for the Programme will be considered recruited in by you.

3.3. To participate in the Two-Tier Programme, an Affiliate must be an active partner, which means you must have at least 35,000 USDT a month turnover from your own affiliate instruments, unless you have agreed otherwise with your personal manager.

3.4. A First-Tier Affiliate promotes Services directly to Referrals, earns Reward on each Completed Transaction and recruits new Affiliates (Second-Tier).

3.5. A Second-Tier Affiliate, recruited by the First-Tier Affiliate, promotes Services and earns Reward from their Referrals. Simultaneously, the First-Tier Affiliate receives Reward for all the Completed Transactions of Referrals invited by the Second-Tier Affiliate.

3.6. First-Tier Affiliates get 0.08% of the Referral’s exchange amount during 180 days after the Second-Tier Affiliate is registered with the Programme. This Reward is fully covered by SimpleSwap meaning that the Second-Tier Affiliate will not share their Reward with the First-Tier Affiliate.

3.7. If a Second-Tier Affiliate sets the Reward rate higher than 0.4%, the First-Tier Affiliate will receive the same Reward as mentioned in the previous clause.

3.8. Please note that the Two-Tier Affiliate Programme is currently in open beta testing. As a result, Affiliate profit from the Two-Tier Affiliate Programme is not visible in the Affiliate Account. Rewards are calculated and paid on demand by the personal manager, with a minimum payment amount of 300 USDT and with a minimum month turnover amount of 75,000 USDT, if lesser amountsare not agreed with the personal manager.

To further assist you in navigating these guidelines and requirements, we've included an illustration.  Ben is an active Affiliate with the sum of exchanges by his Referrals above 35,000.00 USDT. This makes him a First-Tier Affiliate eligible for the Two-Tier Programme. Ben recruits Jerry using his unique Two-Tier Programme link. Jerry registers as an Affiliate and starts promoting Services on his own website. This makes Jerry a Second-Tier Affiliate, recruited by Ben. Jerry is successful in getting Referrals and earns Rewards for their transactions. Ben will be given 0.08% of the exchange amount of Jerry’s Referrals (which is 20% of Jerry's Reward) for 180 days after Jerry registers with the Programme. SimpleSwap covers the cost of Ben's Reward, meaning that Jerry does not have to share his Reward with Ben. If Jerry is to set the Commission rate above 0.4 %, Ben will still receive 0.08% of the exchange amount of Jerry’s Referrals.

4. Data Collection and Retention Policy and the Transactions Procedures

4.1. During your participation in the Programme, you agree to consistently collect, keep and promptly provide SimpleSwap with accurate and up-to-date data about all Referrals you make, as described below.

4.2. If you fail to provide the required data and information, or cooperate in another way, you may not continue participating in the Programme, and your earned Reward may be withheld.

4.3. SimpleSwap may request KYC information, as outlined in the SimpleSwap AML/KYC policy, from your Referrals if a transaction is flagged for verification by our security system. This may occur for various reasons, such as suspected illegal activities involving the funds or the Referral.

4.3.1 Affiliates utilising the SimpleSwap API are required to complete a KYC and/or KYB form as part of our compliance procedures. New Affiliates must submit the completed form prior to gaining access to the API and must keep the information updated as necessary. Affiliates working with us as of March 6, 2024, will haveto submit the form in terms specified by SimpleSwap.Failure to submit or update this form within the designated time frame may result in the suspension of API access and any associated affiliate benefits.

4.4. To comply with anti-financial crime regulations, when using the SimpleSwap API, you must collect from Referrals and provide SimpleSwap with the following data related to each Referral and their transactions: IP address; user agent; accept language; device time-zone; site language; device operating system.

4.4.1 The Affiliate is strictly obligated to provide this data proactively, without awaiting any formal request from SimpleSwap. Any attempt to avoid this obligation will be considered a breach of these terms, leading to suspension of your affiliate account and withholding of any pending payments.

4.5. If you fail to provide the required data, we reserve the right to transfer your data instead to meet any legal obligations we are required to fulfill.

4.6. SimpleSwap implements all necessary technical and organisational measures to protect the information provided, retaining it only as long as needed to comply with our obligations and regulatory requirements. For further details, refer to our Privacy Policy.

4.7. SimpleSwap may collect and use the following Referral data: email, IP address, user agent, site language, accept language, device time-zone, device operating system, and any other information as specified in the SimpleSwap Privacy Policy.

4.9. SimpleSwap may collect and use and transfer the following Affiliates’ data: email registered to the Account or provided by the Affiliate, IP address, and user agent. 

4.10. SimpleSwap can hold the release of the Referral’s funds if you refuse or omit to provide us with the Referral’s KYC verification or other relevant data until our request is fulfilled. 

4.11. When it comes to the KYC procedure, there are three main outcomes you should be aware of: 

a) If the KYC process is not completed due to Referral’s omission or refusal to undergo the identification, the funds may be sent back to the original address, keeping in mind the exclusion by Clause 4.11. 

b) If everything goes smoothly and the KYC-procedure is successful, the funds may be released by finishing the exchange using the current rate, keeping in mind the exclusion by Clause 4.11.  

c) In some situations, as outlined in Clause 4.11, despite the successful KYC procedure the funds could still be kept frozen.

4.12. If a Referral's funds are suspected of being involved in illegal activity, SimpleSwap reserves the right to freeze funds for any period of time necessary to complete the investigation and AML/KYC procedures. While the investigation is ongoing, SimpleSwap reserves the right to transfer frozen funds to storage in order to ensure their safety.

To further assist you in navigating these guidelines and requirements, we’ve included an illustration. Simran is a partner who has integrated the SimpleSwap API into her web-site. Jai is her customer using Simran’s web-site to perform a transaction. Jai’s transaction is stopped by SimpleSwap’s security system for necessary and reasonable verification. In this case, the exchange is halted and receives a “Failed” status. SimpleSwap promptly notifies Simran about the current status of the exchange. During verification, SimpleSwap may request documents listed in the KYC/AML policy from Jai if deemed necessary. In this case, the exchange moves to the “Verifying” status. Simran is responsible for informing Jai about the ongoing verification and requesting the information required to complete the KYC/AML procedure. Alternatively, Simran may direct Jai to communicate with SimpleSwap directly. In case of successful completion of the KYC procedure, Jai's funds will be released by completing the exchange at the current rate or by issuing a refund. If Jai refuses to provide the required information, SimpleSwap will return the client’s funds to the original address and reserves the right to refuse providing services to Jai in the future.

5. Affiliate Restrictions, Promotion Guidelines and Requirements

5.1. Please avoid engaging in any of the activities below. You MUST not:

5.1.1. open more than one Affiliate Account without our prior written consent;

5.1.2. exchange your assets by using referral links from your participation in the Programme for your gain or for a Related Person;

5.1.3. without our prior written consent use keywords in paid advertisements that mention the words “Simple” and “Swap” together, URL www.simpleswap.io; or use www.simpleswap.io as a display URL in your advertisements or promotional materials; or bid on search engine terms mentioning the words “Simple” and “Swap” together or URL www.simpleswap.io, or related derivatives and misspellings; or advertise in SimpleSwap social media accounts (i.e., in comment sections, chats, etc.).

5.1.4. advertise SimpleSwap or its services on resources that contain or support pirated content, hacking, or other cybercrime activities, promote violence, discrimination, human trafficking, weapons, drugs, illegal activities, or contain hate speech, harassment, or any content that encourages harm towards others, target minors or vulnerable individuals.

5.1.5. use misleading, offensive, or inappropriate promotional materials or language that could be considered offensive, defamatory, or harmful to others including pop-under and click-under advertising formats, tools that violate personal data policies, such as clickjacking, adult, banned, or illegal content and traffic sources, forbidden tools that violate personal data policies (e.g., clickjacking, etc.), and phishing.

5.1.6. use SimpleSwap's intellectual property for advertising and promotions on advertising platforms and services, or place contextual advertisements without our prior written consent.

5.1.7. copy or resemble the look and feel of the Platform (including the website www.simpleswap.io) or Platform’s content, its mobile and other applications and social media accounts; or register a domain name using the words “Simple” and “Swap” together; create a copy of the Platform or any part of it in any form.

5.1.8. engage in activities harmful to SimpleSwap's customers, employees, operations, or reputation, as determined by SimpleSwap; or advertise or promote SimpleSwap’s Services in Restricted Locations and among Restricted Persons; or market Services or the Platform to anyone who would violate these Terms by enrolling or using the Services; or attract a Referral that engages in inappropriate or illegal activities.

5.1.9. send unsolicited commercial messages (spam- or bot- traffic) or indiscriminate advertising; make or give any promises, representations, warranties, guarantees, or financial advice on behalf of SimpleSwap, whether expressed or implied; make false, misleading, or inconsistent claims, statements, or representations about SimpleSwap and its Services; personate SimpleSwap’s representatives or affiliates;

5.1.10. provide misleading, inaccurate, outdated information to SimpleSwap, including but not limited to information indicated in Section 4; 

5.1.11. violate any applicable law, including data transfer, data privacy, data security laws, Anti-Money Laundering, Combating the Financing of Terrorism, and Financial Sanctions laws and regulations, or securities laws or encourage fraudulent or deceptive behaviour to manipulate SimpleSwap or its Affiliate Program, violate rules, guidelines, or policies of the platforms, websites, or advertising services where you advertise or promote SimpleSwap services.

5.2. It is our sole discretion to determine whether Promotion is in line with these Terms. In cases where SimpleSwap communicates to Affiliate a request to remove any promotional material, Affiliate shall immediately fulfil such request.

5.3. It is important that you do not create, publish, distribute, or allow any written material referencing SimpleSwap without first submitting the material to SimpleSwap for review and obtaining prior written consent. To do so please reach out to your personal manager, create a request in your account or email us to partnership@simpleswap.io.

5.4. If you need our written consent for any part of these Terms, to initiate the process please reach out to your personal manager, create a request in your account or email us to partnership@simpleswap.io. You are not eligible for Reward derived from referrals relying on materials not approved by SimpleSwap.

5.5. Before starting a paid promotion campaign, we require Affiliates to provide us with detailed information about your campaign, including the intended advertising platforms, target countries, and view-only access to their advertising account. This information should be sent beforehand to simpleswapads@gmail.com (this address is reserved for this purpose exclusively).

5.6. You understand and accept that SimpleSwap has the right to terminate this Agreement if your Promotionis found to be violating any restrictions outlined in these Terms. Additionally, SimpleSwap reserves the right to take appropriate action as prescribed by Clause 2.9 above.

5.7. SimpleSwap has a zero-tolerance policy against Affiliates who manipulate or abuse the Programme. We may and will take legal action against such individuals and entities, including but not limited to withholding, setting-off, and deducting Rewards.

Olivia plans to run a Google Ads campaign to promote SimpleSwap. Before launching her ad campaign, she contacts her personal manager by sending them the SEO information about her intended target audience, advertising platforms, target countries. After addressing any additional questions that may arise, she provides view-only access to her advertising account and sends access details and the required information to simpleswapads@gmail.com.

6. Reward Guidelines

6.1. By default, the One-Tier Affiliate Programme stipulates the Reward rate at 0,4%. 

6.2. The Two-Tier Affiliate Programme has its own Reward guidelines; however, it has the same base rates as the One-Tier Programme. Please see Chapter 3 above for details.

6.3. When using the SimpleSwap’s API and Widget you can choose to increase your Reward up to 5% or lower it to not less than 0.4% of each Completed transaction made by your Referrals. You may change the Reward rate once every 24 continuous hours. The Reward rate determined at the moment a transaction was created may not be changed after. Additional service fee may be applied.

6.4. If you apply the increased Reward rate, you must not claim that you use the SimpleSwap official rates. Instead, you are required to inform your Referrals that you charge your own commission rate for exchange transactions. 

6.5. The Reward rate for fiat exchanges is set at 0.4% of the exchange amount and may not be changed. Please note that we may require users planning to conduct a fiat exchange to complete a KYC process in order to comply with our fiat-partners’ policies and regulations.

6.6. The Affiliate will receive a Reward at the rate ranging from of 0.4% to 5%, as described above, of the amounts of Completed Transactions (“Reward rate”). Please note, that the Affiliate is not entitled to receive a Reward once the Referral reaches Level 3 of the Loyalty Programme as described in the Terms of Service. 

6.7. Rewards owed to the Affiliate will be transferred without any deductions for current or future taxes, duties, charges, fees, or withholdings imposed by any governmental or fiscal authority, except as required by law. You acknowledge and agree that SimpleSwap shall not be responsible for determining whether or which laws may be applicable to the transactions you make, including any rights and liabilities under the relevant tax law. It is your sole responsibility to report and pay any taxes, official fees and duties arising from your participation in the Programme and from acquiring any services.

6.8. To make withdrawals, you may be required to pass a verification process and provide identification information and documents as requested by SimpleSwap. To complete the verification process, Affiliates may be required to provide specific identification information and documents in compliance with applicable laws. Affiliates agree to provide any necessary information and documents requested by SimpleSwap for this purpose in accordance with the SimpleSwap KYC policy and procedures.

6.9. Regarding your Reward request, our Platform may generate the following statuses:

"In progress" – the application has been successfully created and passed on to our specialists;

"Completed" – the request has been successfully completed, and the specified funds have been sent to the provided address.

"Verification" – additional information is needed to successfully complete the withdrawal request. The required information has already been requested via email.

"Cancelled" – your application has been cancelled. Please contact your account manager or check your email address for more information.

6.10. Rewards are calculated and paid exclusively in USDT, with a minimum payout threshold of 300 USDT. Once your Reward balance reaches 300 USDT, a payment request button will appear in your Account.

6.10.1. For affiliates working with us as of March 6, 2025, in addition to the default USDT calculation and payout option, there will be a temporary option to enable Reward calculation and payout in BTC, with a minimum threshold of 0.008 BTC. In this case, the payment request button will appear in your Account once your Reward balance reaches 0.008 BTC.

6.10.2. Switching between USDT and BTC balance calculationsin your Account is permitted no more than once per day. Balances in different currencies are non-convertible, and payouts will be made in the currency of the respective balance.

6.11. Rewards owed to Affiliates will be paid into the wallet in their Affiliate Account within a maximum of 90-day period following the Affiliate's request for payment of the Reward. However, most applications are typically paid within a 3-day period. In cases where the application is in "Verification" status, the deadline may be extended until the Affiliate has successfully completed the verification procedure.

6.12. An application may be placed in "Verification" status if we have reasonable grounds to suspect the Affiliate of violating these Terms, and therefore require additional information regarding exchanges, advertising platforms, or any other relevant details to help alleviate our suspicions.

6.13. Upon receiving the additional information requested from you for the purpose of verification, we commit to reviewing the application within 14 days and either approve and process the payment or request further information. If more information is requested, the review timeline will reset and start anew.

6.14. SimpleSwap may decide not to pay Rewards if there is a violation of these Terms or guidelines by you or a referral and will monitor all earned Rewards and reserves the right to withhold payment of any Reward if it determines, at its sole discretion, that a Referral has been made in violation of these Terms or guidelines, or if a Referral breaches these Terms, SimpleSwap's Terms of Service, or guidelines (including instances where such breach is due to violation of laws and regulations committed by the Referral).

6.15. You are solely responsible for your earnings with SimpleSwap. We may refuse to pay your Reward and/or limit the withdrawal of your earned Reward at any time, at our own discretion and without prior notification, if we believe you have engaged in scams, fraud, misleading actions, provision of deliberately incorrect information, or pretending to act on behalf of another individual or entity.

To further assist you in navigating these guidelines and requirements, we've included an illustration. Nomi integrates the SimpleSwap API into her website and sets a commission of 0.4% on each transaction made through it. Because she didn't raise the proposed commission rate, Nomi proudly informs her readers that she uses the SimpleSwap official rates. Once she accumulates the minimum amount of 300 USDT of the Rewards, she notices that a pay-out button appears in her account page and she is now able to withdraw the funds. She submits the request and given she haven’t violated the Programme rules the request status changes to "In progress". Within 3 business days or so, the status of her application is updated to "Completed" and the specified funds have been successfully sent to the provided wallet address.

7. Copyright Notice

7.1. SimpleSwap’s trademarks, service marks, trade dress, logos, and any other indicia of the source of SimpleSwap’s goods or services (“SimpleSwap Trademarks”) are all property of SimpleSwap. Your limited right to use the SimpleSwap Trademarks in connection with the Programme Activities does not give you any right, title, or ownership interest with respect to the SimpleSwap Trademarks. All goodwill arising from your use of the SimpleSwap trademarks in connection with Programme Activities, as permitted pursuant to the Agreement, will ensure to the benefit of SimpleSwap. 

7.2. To take part in the Affiliate Programme, you may use SimpleSwap Trademarks (registered and unregistered) solely for the Affiliate Programme purposes. You may not use SimpleSwap Trademarks for any other purposes without SimpleSwap’s prior written approval.

You grant to SimpleSwap a perpetual, irrevocable, sublicensable, royalty-free license, during and after the Term of this Agreement, to reproduce, distribute, display, perform, modify, and otherwise use any text, images, videos, or other content (including promotional content) that you create or publish in connection with the Programme Activities (collectively, the “Affiliate Image”), for any marketing, promotional or internal business purposes, without attribution or further compensation to you.

8. Privacy

Being a participant of the Affiliate Programme, you use your SimpleSwap account. This account provides you with access to statistical information regarding your affiliate activity, including referrals, pay-outs, visits, and other information. The personal data stored at your account and how we can use this data are covered by our Privacy Policy at https://simpleswap.io/privacy-policy

9. Termination

9.1. SimpleSwap may terminate this Agreement and the Affiliate's participation in the Affiliate Programme at any time and for any reason or no reason, without notice.

9.2. Upon termination, the Affiliate shall immediately cease all use of the SimpleSwap’s trademarks, logos, and other intellectual property, and shall forfeit any unpaid Rewards earned prior to the termination date. The provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement, including but not limited to indemnification, limitation of liability, and confidentiality, shall survive the termination of this Agreement.

10. Survival

The following provisions shall survive the termination of this Agreement: (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.

11. Indemnification

The Affiliate agrees to indemnify, defend, and hold SimpleSwap 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 Programme, 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 SimpleSwap in the defence of any such claims and to reimburse SimpleSwap for any costs, expenses, or losses incurred as a result of the Affiliate's breach of this Agreement or negligence.

12. Limitation of Liability

12.1. SimpleSwap’s total liability to the Affiliate under this Agreement shall not exceed the Rewards payable to the Affiliate under this Agreement

12.2. SimpleSwap 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 Programme, whether or not SimpleSwap has been advised of the possibility of such damages.

12.3. In no event shall SimpleSwap's liability to the Affiliate for any claims arising under this Agreement exceed the total amount of the Rewards paid or payable by SimpleSwap to the Affiliate under this Agreement during the six-month period prior to the event giving rise to such liability.

12.4. SimpleSwap shall have no liability for loss of publicity or loss of opportunity to enhance the Affiliate’s reputation, even if SimpleSwap delays or abandons the Programme.

13. Disclaimer

13.1. SimpleSwap makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Affiliate. Programme or the information, products, services, or related graphics contained in the Affiliate Programme for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

13.2. In no event will SimpleSwap be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of profits arising out of or in connection with the use of the Affiliate Programme.

13.3. Every effort is made to keep the Affiliate Programme up and running smoothly. However, SimpleSwap takes no responsibility for, and will not be liable for, the Affiliate Programme being temporarily unavailable due to technical issues beyond our control.

14. Law, Jurisdiction, Venue, Limitation period.

14.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflicts of law principles.

14.2. 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). The limitation period for any disputes arising from participation in this Programme shall be three months.

14.3. 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.