Affiliate Program Agreement

PLEASE REVIEW THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This agreement (“Agreement”) is entered into between you (“Creator”, “Affiliate” or “you”) and EXMO Group (“EXMO”, “Company”, “we” or “us”). This document outlines the terms of your participation in our Affiliate Program, as well as other aspects of our business relationship. 

By participating in the Affiliate Program, you agree to be bound by the terms of this Agreement. If you do not accept these terms, you are not permitted to take part in the Affiliate Program.

We reserve the right to update these terms periodically. We may also replace these terms entirely if, for example, the Affiliate Program changes, ends, or merges with another program. If you disagree with any updates or replacements, you may terminate your participation as outlined below.

DEFINITIONS

“Affiliate Program” means our creator affiliate program as described in this Agreement.

“Affiliate Policies” means the policies applicable to affiliates, which we may make available to you from time to time.

“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link provided by us.

“Affiliate Link” means the unique tracking link provided to you for placement on your site or other channels.

“Affiliate Content” means video content created by you that incorporates our branding elements and promotional materials.

“Agreement” means this Affiliate Program Agreement and all related documents.

“Branding Materials” means the animated logos, graphics, and other promotional assets we provide for use in your content.

“Commission” means the payment amount specified in this Agreement or the Affiliate Policies for eligible Video Views.

“Creator” means the content creator who has been accepted into the Program and creates Affiliate Content.

“Eligible Views” means video views that qualify for Commission payment according to the Commission Structure section of this Agreement.

“Platform” means social media platforms, including but not limited to TikTok, Instagram Reels, YouTube Shorts, and other short-form video platforms.

“Program Portal” refers to the online platform we provide for program management, reporting, and communication.

“Video Views” means the total number of views on Affiliate Content based on reports verified by EXMO.

“Content Guidelines” means the content creation and branding requirements outlined in this Agreement and the Affiliate Policies.

NON-EXCLUSIVITY

This Agreement does not establish an exclusive agreement between you and EXMO. Both you and we may recommend similar services or products of third parties and are free to collaborate with other parties in connection with the development, promotion, or distribution of similar services.

PROGRAM ACCEPTANCE

Upon applying to join the Affiliate Program, we will review your application and notify you of our decision regarding acceptance or rejection. We may request additional information or require completion of specific requirements before acceptance. We reserve full discretion to approve or deny any Affiliate. Applications not responded to within thirty (30) days are considered rejected.

If accepted, this Agreement becomes effective upon notification of acceptance and remains in force until terminated according to the terms below. Further, you will need to complete any enrollment requirements specified in this Agreement, Affiliate Policies, or Program Portal, if applicable. Failure to complete any enrollment requirements within thirty (30) days of your acceptance will result in the immediate termination of this Agreement, and you will no longer be able to participate in the Affiliate Program. 

Acceptance into the Affiliate Program does not guarantee acceptance into other EXMO partner programs. To participate in these programs, you will need to apply through the relevant application procedure.

You will comply with all terms and conditions of this Agreement at all times, including applicable Content Guidelines.

CONTENT CREATION REQUIREMENTS

1. Program Requirements. Each Creator must maintain an active account status with 100,000+ organic views within the past 30 days. Minimum activity requirement is 3+ videos per week, with at least 10 branded videos per month.
2. Eligibility Criteria. To receive Commission: (i) you must maintain active Creator status, (ii) Affiliate Content must comply with Content Guidelines, (iii) content must be posted within the last 30 days, and (iv) you must maintain minimum activity levels as specified in this Agreement.
   You are not eligible for Commission if: (i) compensation is prohibited by applicable law, (ii) views are artificially inflated or purchased, (iii) content violates Platform policies, (iv) you breach this Agreement or Content Guidelines, or (v) content includes competing exchange branding or interfaces.
3. Content Validation. Eligible content must: (i) be original and created within the last 30 days, (ii) include required EXMO animated branding, (iii) feature your unique Affiliate Link in profile bio, (iv) comply with approved content categories: cryptocurrency, trading, finance, lifestyle, entertainment, and gaming content.
   Invalid content includes: (i) content missing required branding, (ii) content with competing exchange branding, and (iii) artificially boosted content.
4. Branding Standards. You must use only the animated EXMO logo provided through the Program Portal without alteration. The logo must be positioned to avoid obscuring the main content subjects and should vary in placement across videos. All content must include your unique Affiliate Link in your profile bio.
5. Prohibited Content. You may not: (i) include interfaces, logos, or branding of competing exchanges, (ii) make statements or promises on behalf of EXMO, (iii) create misleading or false content about EXMO services, (iv) violate Platform community guidelines, or (v) use purchased or artificial engagement.

Without limiting the foregoing, you shall not, in any way relating to your participation in the Affiliate Program or your Affiliate Content:

• engage in any activity that is unlawful, illegal or unauthorised, or that advocates, promotes or assists any violence or unlawful act;
• include or distribute content that is defamatory of any person or entity;
• include content that is obscene, sexually explicit, or otherwise offensive;
• advertise or promote any other product, service, or business;
• harass, upset, embarrass, alarm, or annoy any person, or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
• infringe any copyright, trademark, trade secret, or other proprietary right of any person or entity;
• provide trading advice tailored to the specific circumstances of any of its subscribers, followers, or viewers;
• publish or distribute any content that is fraudulent, deceptive, or may be construed as market manipulation or attempted market manipulation;
• send unsolicited or unauthorised advertisements, spam, or chain messages regarding the Affiliate Program;
• transmit any content containing viruses, malware, or other harmful code or software;
• engage in any other conduct that, in our sole discretion, is considered offensive, abusive, misleading, or inappropriate.

 Violation of this section shall constitute a material breach of this Agreement and may result in immediate termination from the Affiliate Program and forfeiture of any unpaid Commissions.

COMMISSION STRUCTURE

1. Commission Eligibility and Payment Schedule. We will pay Commission as described in this Agreement or the Affiliate Policies for Eligible Views on Affiliate Content, provided you remain eligible under this Agreement. The commission is paid once per month, by the 10th day of the following month, subject to the successful verification of submitted reports.
   We reserve the right to withhold, deny, cancel, or recall any Commission, in whole or in part, if: (i) any views are generated through fraudulent, artificial, incentivized, or deceptive means, including bots, view farms, view loops, or inflated traffic, (ii) the content fails to meet the required standards or does not display the Company’s branding, (iii) the origin or authenticity of the views cannot be independently verified to our satisfaction.
   We are under no obligation to pay any Commission to any Affiliate who does not strictly comply with this Agreement and Affiliate Policies. It is your sole and absolute responsibility to ensure full compliance at all times. In the event of any complaint or dispute concerning your activities or referred content, we may withhold Commission payments until such matters are resolved and terminate your participation in the Affiliate Program.
   Commission is calculated at $0.25 per 1,000 Eligible Views. The minimum payout threshold is 500,000 views per calendar month. You will receive Commission payment only for content that meets all Affiliate Program requirements.
2. Payment Processing. To receive payment you must have: (i) agreed to the terms of this Agreement, (ii) completed all required steps for acceptance into the Affiliate Program, as instructed by us, (iii) provide valid payment information, (iv) completed any required tax documentation to process any payments that may be owed to you, (v) submit monthly reports as specified, in the required format, including links, platform analytics, and view data in PDF. We reserve the right to determine the acceptable format, data sources, and analytics methodology acceptable for such reports..
3. Payment Requirements and Forfeiture. You agree that we shall have the sole and absolute right to review, audit, and validate any data submitted to us. If any of the requirements outlined in section 2, “Payment Processing (i-v) remain incomplete for six (6) months following the qualifying view achievement, your right to receive Commission for those views will be permanently forfeited. We have no obligation to pay the Commission for forfeited, expired, or unverifiable activity.
4. Commission Finality and Disputes. After receiving a report from the Affiliate, we will verify the submitted data (including links, view counts, and platform analytics). If you believe there is a discrepancy in evaluating your submitted data or calculating Commission, you must notify us in writing within ten (10) business days from the date we communicate the result of our review. Failure to do so will result in our decision being deemed final and conclusive, and you waive any right to dispute the amount.
   In the event of discrepancies of up to 10%, we will work with you in good faith to resolve the matter. In the case of discrepancies exceeding ten per cent (10%), we reserve the right to rely solely on our internal data and validation systems to determine the final Commission amount.
5. Commission Payments. We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment for the same content unless we choose otherwise at our discretion. You are responsible for all applicable taxes and fees (including bank fees) relevant to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us. We reserve the right to adjust or change Commission rates or thresholds at any time, with or without prior notice.  

TRAINING AND SUPPORT

We may provide you, free of charge, with access to various webinars, training materials, or other resources offered as part of the Affiliate Program. If such materials are provided, you will encourage your sales representatives and/or other relevant personnel to participate in the trainings or certifications we recommend and make available from time to time. Please note that we reserve the right to modify or discontinue any part of the Affiliate Program benefits or resources at our sole discretion and without prior notice.

TRADEMARKS

You give us a non-exclusive, non-transferable, royalty-free license to use and display your trademarks, service marks, and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.

If we provide our trademark during the term of this Agreement, you may use it as long as you follow the rules below. You must: (i) only use the exact images we provide, without changes; (ii) use our trademarks only in connection with the Affiliate Program; (iii) follow our brand guidelines; and (iv) stop using them immediately if we ask. You must not: (i) use our trademarks misleadingly or negatively; (ii) suggest we sponsor or endorse your products or services; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

PROPRIETARY RIGHTS

EXMO’s Proprietary Rights. All title, ownership rights, and intellectual property rights in and to the EXMO trademarks, brand assets, marketing materials, and any content, data, or information provided by EXMO in connection with the Affiliate Program remain the sole property of EXMO or its licensors (if applicable). Nothing in this Agreement or your participation in the Affiliate Program shall be construed as granting you any license, right, or interest in or to any EXMO or third-party intellectual property, whether by estoppel, implication, or otherwise, except as expressly permitted under this Agreement. You agree not to copy, lease, sell, distribute, or create derivative works from any part of the EXMO content, software, or services unless we provide written permission. If you wish to use EXMO materials, you must follow our Content Usage Guidelines – (Using EXMO.com’s logo). EXMO, its logos, and related marks are our trademarks, and you may not use them without prior written consent, except as permitted under this Agreement.

We welcome feedback, comments, and suggestions regarding the EXMO platform. You agree that any feedback you provide is non-confidential and that we may freely use it without obligation to you, including incorporating it into our services, without payment to you.

Creator’s Proprietary Rights. You retain ownership of your original content, excluding EXMO branding elements. Between you and any viewers, you retain rights to your content and any data you collect.

CONFIDENTIALITY

In this Agreement, “Confidential Information” means all non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether verbally or in writing, that is identified as confidential. It also includes EXMO customer or prospect data, whether or not otherwise designated as confidential. Confidential Information does not include information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party before its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. 

The Receiving Party agrees to: (i) protect the Disclosing Party’s Confidential Information with at least the same level of care it uses for its confidential data, and no less than reasonable care; (ii) not use the Confidential Information for any purpose outside the scope of this Agreement; (iii) not share it with third parties; and (iv) limit access to those employees, contractors, or agents who need it and are bound to confidentiality obligations. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule, or regulation, subpoena, or legal process.

OPT OUT AND UNSUBSCRIBE 

You must promptly honour all requests to opt out, unsubscribe, or be removed from communications, including “do not call” and “do not send” requests. Throughout the term of this Agreement, you are responsible for implementing and maintaining appropriate systems and procedures to ensure such requests are properly tracked and enforced.

TERM AND TERMINATION

1. Term. This Agreement continues for as long as you participate in the Affiliate Program, until terminated.
2. Termination Without Cause. Either party may terminate this Agreement with fifteen (15) days’ written notice to the other party.
3. Termination for Agreement Changes. If we update the Agreement terms, you may terminate this Agreement within ten (10) days of our notice with five (5) days’ written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.
4. Termination for Cause. We may terminate this Agreement immediately if you: (i) materially breach this Agreement, (ii) fail to pay any amounts due to us within fifteen (15) days of notice, (iii) if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iv) violate applicable laws or regulatory requirements, (v) breach any obligations to us and fail to cure within thirty (30) days of notice, (vi) act in a way that has or may negatively reflect on or affect us, our prospects, or our customers, (vii) are no longer deemed, in our sole discretion, fit to participate in the Affiliate Program.
5. Suspension. We may suspend your participation in the Affiliate Program or access to the Program Portal at any time, with or without prior notice, if we reasonably suspect any fraud, abuse, illegal activity, or breach of this Agreement. During suspension, no Commission will accrue or be payable.
6. Effects of Termination. Upon termination without cause by us, by you with cause, or due to Agreement changes, we remain obligated to pay Commission for Eligible Views recognised by us within thirty (30) days after termination, provided you are not in breach of this Agreement and eligible for payments under other EXMO programs. We will not pay Commissions for any Eligible Views recorded after the 30 days following termination or expiration. If you terminate without cause, or if we terminate due to your breach or misconduct, your right to receive any unpaid Commission ends immediately on the termination date, even if you were otherwise eligible. Unless this section expressly states otherwise, no Commission is owed after termination or expiration of this Agreement. Your access to the Program Portal will be restricted upon termination of this Agreement. Any Affiliate Leads will no longer be considered valid, and we may choose to maintain them in our database and engage with such a prospect.
   Upon termination or expiration of this Agreement, you must immediately cease all use of the Affiliate Link, EXMO trademarks, brand assets, and promotional materials. You must promptly remove all references to the Affiliate Program from your websites, social media channels, and other media, and delete or return any materials provided by EXMO.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) you have sufficient rights to participate in the Affiliate Program, (ii) your participation will not conflict with existing agreements or arrangements, and (iii) you own or have rights to grant us use of your trademarks.

You further represent and warrant that you will: (i) comply with applicable regulatory requirements and disclose Affiliate Program participation, (ii) accurately provide website and domain information in the Program Portal, (iii) not purchase competing advertisements using our branded keywords, (iv) not engage in cookie stuffing, false links, or misleading practices, (v) not use artificial mechanisms to generate views, (vi) not use your Affiliate Link for personal purchases.

RELEASE

To the maximum extent permitted by applicable law, you hereby discharge, acquit, and otherwise release EXMO, its affiliates and subsidiaries and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the “Indemnified Parties”), from any allegations, counts, charges, debts, causes of action, claims and losses arising out of or relating to your participation in the Affiliate Program, including but not limited to: (i) the creation, upload, distribution, or public availability of any Affiliate Content; (ii) your use of EXMO brand assets, referral links, or any marketing materials provided to you; (iii) any third-party actions, complaints, or legal issues arising from or related to your Affiliate Content or conduct; or (iv) any technical errors, platform restrictions, or content removal decisions made by third-party platforms. This release includes, without limitation, any claims based on defamation, violation of privacy or publicity rights, intellectual property infringement, misrepresentation, unauthorized use of personal data, or any other alleged harm resulting from your Affiliate activities, and applies even if such claims arise from negligence or other fault, to the extent allowed by law. You acknowledge and agree that you are solely responsible for your content and conduct, and that EXMO bears no liability for your creative choices or third-party interactions.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or because of: (a) your participation in the Affiliate Program; (b) our use of any data or lead information you provide; (c) your breach or failure to comply with the terms of this Agreement; (d) your use of the Program Portal; or (e) our use of the trademarks provided by you.

We shall notify you by email, mail, or other appropriate means of any such claim or suit, and reasonably cooperate (at your expense) in the defence of such claim or suit. We reserve the right to participate in the defence of such a claim or choose our legal counsel, but are not obligated to do so.

You may not agree to any settlement that: (i) imposes any obligation on us; (ii) includes an admission of wrongdoing on our part; or (iii) assigns us liability or restrictions not already covered under this indemnification, unless we have given you prior written approval.

DISCLAIMERS AND LIABILITY LIMITATIONS.

1. Disclaimer of Warranties. EXMO AND ITS AFFILIATED COMPANIES AND AGENTS MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, ACCURACY, TIMELINESS, OR SECURITY OF THE EXMO PLATFORM, CONTENT, AFFILIATE PROGRAM, OR PROGRAM PORTAL FOR ANY PARTICULAR PURPOSE. THE PROGRAM PORTAL AND RELATED APIs MAY EXPERIENCE INTERRUPTIONS OR BE UNAVAILABLE AT CERTAIN TIMES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EXMO SERVICES, TOOLS, AND PLATFORM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
3. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL WE OR ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE, MISUSE, OR INABILITY TO USE THE AFFILIATE PROGRAM, THE PROGRAM PORTAL, OR ANY EXMO SERVICES OR MATERIALS PROVIDED UNDER THIS AGREEMENT, OR ACTIONS, RESTRICTIONS, SUSPENSIONS, OR REMOVALS BY THIRD-PARTY PLATFORMS WHERE YOUR AFFILIATE CONTENT IS HOSTED OR DISTRIBUTED. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE AFFILIATE PROGRAM OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR DEMANDS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR WARRANTIES. IN SUCH CASES, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4. Maximum Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY, REGARDLESS OF THE LEGAL BASIS (CONTRACT, TORT, OR OTHERWISE), SHALL NOT EXCEED THE LESSER OF: a) THE TOTAL COMMISSIONS PAID TO YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY; OR (b) ONE THOUSAND UNITED STATES DOLLARS (US$1,000).
5. Program Portal. WE DISCLAIM LIABILITY CONCERNING THE PROGRAM PORTAL THAT YOU USE.  WE DO NOT PROMISE TO MAKE THE PROGRAM PORTAL  AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.
6. Cookie Duration. COOKIES USED WITHIN THE PROGRAM PORTAL HAVE A DEFINED LIFESPAN. IF A POTENTIAL CUSTOMER DELETES OR CLEARS THEIR COOKIES DURING THIS PERIOD, WE WILL NOT BE RESPONSIBLE FOR ANY RESULTING LOSS OF COMMISSION THAT MAY HAVE OTHERWISE BEEN ATTRIBUTED TO YOU.

GENERAL PROVISIONS

1. Amendment. No Waiver. We reserve the right to modify, update, or replace this Agreement at any time without prior notice. Any changes to this Agreement may be posted on our website or notified to you through electronic communication, including in-app notifications or email. You will be deemed to have accepted the changes if you continue to participate in the Affiliate Program after such changes take effect. The “Last Updated” date will reflect the most recent version. We encourage you to review this Agreement periodically.  If you don’t agree to the update, change, or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
2. Governing Law. This Agreement is governed by the laws of England and Wales. Any dispute, controversy or claim arising out of or relating to this Agreement, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by the London Court of International Arbitration in accordance with its Rules.  The number of arbitrators shall be three. The place of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
3. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party, including but not limited to failures, regulations, or disruptions caused by third-party platforms, services, or content distribution channels used in connection with the Affiliate Program. Each party will use reasonable efforts to mitigate the effects of a force majeure event. 
4. Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
5. Relationship. Nothing contained in these Terms shall be construed as creating any agency, partnership, employment of any type, or other form of joint enterprise between you and EXMO. You shall not represent to the contrary, either expressly, implicitly, by appearance, or otherwise.
6. Compliance with Laws. You shall comply and shall ensure that any third parties performing sales or referral activities on your behalf comply with all applicable foreign and domestic laws (including, without limitation, export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal, or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or the public. 
7. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect.
8. Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
   To EXMO: [email protected].
   To you: email address and contact info provided via the Program Portal.
9. Entire Agreement. This Agreement, together with the Privacy Policy and any other incorporated documents or policies, constitutes the entire agreement between you and EXMO regarding the Affiliate Program and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter hereof. This Agreement may not be changed, waived, or modified except by the Company as provided herein. We expressly reject any additional or conflicting terms proposed by you, including those in your purchase order, acceptance, correspondence, or on your website. Our obligations under this Agreement are not contingent upon the delivery of any future functionality or features or any public statements made by us. Headings used in this Agreement are for convenience only and shall not affect the interpretation of any provision. It is the express wish of both you and us that this Agreement and all related documents be drawn up in the English language. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship, and the translated version is provided for convenience only and shall not be interpreted as modifying the English version of this Agreement.
10. Assignment. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement without our prior written consent. Any such attempted transfer without consent shall be null and void. We may assign this Agreement to any affiliate or, in the event of a merger, reorganisation, sale of all or substantially all of our assets, change of control, or operation of law.
11. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit, or remedy of any nature whatsoever under or because of this Agreement.
12. No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses concerning us, EXMO Platform, our trademarks, or any other property or right of ours.
13. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable by its terms.
14. Survival. The following sections survive termination: Commission and Payment, Intellectual Property, Confidentiality, Effects of Termination, Indemnification, Disclaimers and Liability Limitations, and General Provisions.
15. Data Protection. Where Personal Data is processed in connection with the Affiliate Program, the parties will comply with applicable data protection laws and our Privacy Policy available at https://exmo.com/blog/en/privacy-policy. You should read the Privacy Policy carefully before registering for or participating in the Affiliate Program. You consent to the collection, use, processing, and disclosure of your Personal Information in accordance with these Agreement and the Privacy Policy, including without limitation, disclosure to our affiliates, service providers, or third parties for purposes of operating the Affiliate Program, processing payments, providing services, or verifying compliance with these Agreement.