Last updated By accepting these terms (the “Terms”) or otherwise participating in the Tether bug bounty program which is designed to incentivize and reward the responsible disclosure of security vulnerabilities, bugs and exploitation techniques (“Vulnerabilities” and such program the “Bug Bounty Program”), you agree to the following terms and conditions between you and Tether Operations, S.A. de C.V. (“Tether”, “we”, “us”, “our”).
PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN THE BUG BOUNTY PROGRAM.
PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IT WILL REQUIRE ALL PERSONS TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND TO WAIVE ANY RIGHT TO PROCEED AS A REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. BY PARTICIPATING IN THE BUG BOUNTY PROGRAM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS ARBITRATION PROVISION AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TETHER (AS DEFINED BELOW). BY PARTICIPATING IN THE BUG BOUNTY PROGRAM, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR OTHER REFERENCED DOCUMENTATION, YOU MUST NOT PARTICIPATE IN THE BUG BOUNTY PROGRAM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS.
What’s in these Terms?
These Terms tell you terms applicable to participating in the Bug Bounty Program. The specific products and services (the “Tether Products”) for which rewards (the “Bounty Rewards”) are awarded, in Tether’s sole and absolute discretion, are set out in the bug bounty guidelines that reference these Terms (the “Bounty Rewards Information Page and Guidelines”). In the event of a conflict or inconsistency between the Bounty Rewards Information Page and Guidelines and these Terms, these Terms shall govern to the extent of such conflict and inconsistency.
The Bounty Rewards Information Page and Guidelines and these Terms should be read in conjunction with the privacy statement for the Bug Bounty Program (the “Privacy Statement”). In the event of any conflict or inconsistency between these Terms and the Rules, Privacy Statement or any other pages, policies, terms, conditions, licenses, limitations, or obligations contained referenced in these Terms, or any other agreements between you and us or third parties, these Terms shall prevail as they relate to your participation in the Bug Bounty Program.
These Terms were last updated on .
These terms contain more information below on each of the areas listed here:
- Who we are and how to contact us
- We may make changes to the Terms
- We may make changes to the Bug Bounty Program or Bounty Rewards Information Page and Guidelines
- We may suspend or cancel the Bug Bounty Program
- We may transfer these Terms to someone else
- Submissions
- Bounty Rewards
- Intellectual property
- Representations and warranties
- Disclaimer
- Our responsibility for loss or damage suffered by you
- Indemnity
- General (including mandatory arbitration)
1. Who we are and how to contact us
The Bug Bounty Program is organized by Tether Operations, S.A. de C.V. (“Tether”), with an address at Colonia Escalón, 87 Avenida Norte, Calle el Mirador, Edificio Torre Futura, Oficina 06, Nivel 11, San Salvador, El Salvador. To contact us, please email [email protected].
2. We may make changes to these Terms
We amend these Terms from time to time. When we do this, we will post the revised Terms on this page and indicate the date of such amendments. Your participation in the Bug Bounty Program or your continued participation in the Bug Bounty Program will constitute your agreement to the revised Terms.
3. We may make changes to the Bug Bounty Program or Bounty Rewards Information Page and Guidelines
We may update and change the Bug Bounty Program or Bounty Rewards Information Page and Guidelines from time to time and without notice to you.
4. We may suspend or cancel the Bug Bounty Program
We do not guarantee that the Bug Bounty Program or any materials or information available through it will always be available or uninterrupted. We may suspend or cancel all or any part of the Bug Bounty Program for any reason.
5. We may transfer these Terms to someone else
These Terms, and any of the rights, duties, and obligations contained or incorporated herein, are not transferable by you without our prior written consent, and any attempt by you to transfer these Terms without such consent will be void.
We are permitted to transfer (or assign) these Terms and any of the rights, duties, and obligations contained herein, in whole or in part, to another organization without notice or your consent.
6. Submissions
6.1. You must submit each Vulnerability in accordance with the Bounty Rewards Information Page and Guidelines (each such submission, a “Submission“).
6.2. All decisions in relation to the administration of the Bug Bounty Program are at Tether’s sole and absolute discretion, and we reserve the right to reject any Submissions.
6.3. At any point after you make a Submission, we may request additional information from you in respect of the Bug Bounty Program, including information to: (a) confirm your identity; (b) validate the accuracy of the information provided by you; (c) ensure compliance with the Bounty Rewards Information Page and Guidelines, applicable laws or regulations, or (d) address concerns or questions we may have. You will respond to any requests for additional information promptly. Delays or inaccuracies in your response may disqualify you from the Bug Bounty Program.
7. Bounty Rewards
7.1. We provide Bounty Rewards for Submissions in our sole discretion, and we reserve the right to determine the amount of Bounty Reward awarded, or not to provide Bounty Rewards for any Submission. You agree that you will not contest the Bounty Rewards awarded by us.
7.2. We may not notify you if we reject your participation in the Bug Bounty Program.
7.3. Where the Bounty Rewards are in the form of a cryptocurrency, they may be sent directly to the wallet address provided by you. It is your responsibility to ensure the wallet addresses you provide to us are correct and, in the event that you have collaborated with others in a Submission, to distribute the proceeds among team members.
7.4. You agree that Tether has no other obligation for any other compensation or expenses or costs incurred by you in connection with your participation in the Bug Bounty Program. If you are paid a Bounty Reward for your Submission, you are solely responsible for paying all taxes and other costs and expenses associated with reward acceptance or use related to such Bounty Reward.
7.5. Tether reserves the right to require you to return Bounty Rewards for any Submissions made contrary to these Terms or the Bounty Rewards Information Page and Guidelines.
8. Intellectual property
8.1. Tether does not claim ownership of your Submission. However, you hereby grant to Tether a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, sub-licensable license to use, analyze, reproduce, modify, distribute, publicly display, commercialize, and create derivative works from, your Submission, and to feature it in marketing or promotional materials in all media.
8.2. We own all right, title and interest, including intellectual property rights, in and to the Tether Products, our products and services and other intellectual property and work products that we may make available to you in connection with the Bug Bounty Program or that is otherwise made available in connection with the Bug Bounty Program, and any modifications, improvements, customizations, patches, bug fixes, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations to the foregoing.
8.3. If you provide feedback or suggestions about the Bug Bounty Program or any materials or information related thereto, then we may act on that feedback or those suggestions on an unrestricted basis and without any obligations to you (including any obligation to compensate or give attribution to you or to keep that feedback confidential).
9. Representations and warranties
9.1. You represent and warrant to, and covenant with Tether that:
a) the entering into, delivery and performance of these Terms have been duly and validly authorized and that these Terms will constitute a legal, valid and binding obligation enforceable in accordance with their terms;
b) all information submitted to us is accurate and complete;
c) your Submission is your own original work, and you have the legal right to provide it to Tether;
d) none of your Submissions or any information contained therein, infringes, violates or misappropriates the rights, including intellectual property rights, of any third parties; and
e) you meet all of the Eligibility Requirements in the Bounty Rewards Information Page and Guidelines.
10. Disclaimer
WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES TO YOU OF ANY KIND AND, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE BUG BOUNTY PROGRAM. THE BOUNTY REWARDS INFORMATION PAGE AND GUIDELINES, BUG BOUNTY PROGRAM DESCRIPTION AND ANY OTHER MATERIALS YOU MAY HAVE ACCESS TO IN CONNECTION WITH THE BUG BOUNTY PROGRAM ARE PROVIDED STRICTLY ON AN AS-IS, WHERE-IS BASIS AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IS PROVIDED WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION. WE DO NOT REPRESENT, WARRANT, COVENANT OR GUARANTEE THAT: (A) THE BUG BOUNTY PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (B) ANY SUBMISSION WILL BE EVALUATED OR RESULT IN A MONETARY AWARD; OR (C) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM YOUR SUBMISSION OR PARTICIPATION IN THE BUG BOUNTY PROGRAM. WE WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR COSTS INCURRED BY YOU IN THE EVENT OF THE REJECTION OF YOUR PARTICIPATION IN THE BUG BOUNTY PROGRAM.YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAWS. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
11. Our responsibility for loss or damage suffered by you
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In addition, some jurisdictions do not allow us to exclude or limit our liability as described in this paragraph. If you are located in one of these jurisdictions, this paragraph may not apply to you and you may have additional rights.
To the fullest extent permitted by applicable law, in no event will our liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, exceed US$100, even if foreseeable or if we are informed of the possibility of such loss or damage, arising under or in connection with these Terms, the Bounty Rewards Information Page and Guidelines, the Bug Bounty Program, your Submissions or your use of any materials or information available through the Bug Bounty Program.
To the fullest extent permitted by applicable law, we will not be liable to you for the following, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable or advised of the possibility thereof:
a) personal injury or death;
b) loss of profits, sales, business, or revenue;
c) business interruption;
d) loss of anticipated savings;
e) loss of business opportunity, goodwill or reputation; or
f) any indirect or consequential loss or damage.
12. Indemnity
You will defend, indemnify and hold harmless Tether, our affiliates, and our employees, officers, directors, affiliates, agents, contractors, successors, and assigns against any and all damages, fines, penalties, deficiencies, losses, liabilities (including settlements and judgments), costs, and expenses (including interest, court costs, reasonable fees and expenses of lawyers, accountants, and other experts and professionals, or other reasonable fees and expenses of litigation or other proceedings or of any claim, default, or assessment) directly or indirectly arising from or in connection with your activities or conduct related to the Bug Bounty Program, including Your Submissions, or any information, documentation or other materials related thereto, including claims that any such information, documentation or other materials infringe the rights, including privacy or intellectual property rights, of any third party. You will not settle any such claim without our prior written consent.
13. General (including mandatory arbitration)
13.1. Entire agreement. These Terms constitute the entire agreement between you and Tether and supersede any prior agreements between you and Tether.
13.2. Governing law. These Terms shall be governed by and construed and enforced in accordance with the laws of the British Virgin Islands and shall be interpreted in all respects as a British Virgin Islands contract. Any transaction, dispute, controversy, claim or action arising from or related to the Bug Bounty Program, the Bounty Rewards Information Page and Guidelines or these Terms shall be governed by the laws of the British Virgin Islands, exclusive of choice-of-law principles.
13.3. Force majeure. We are not responsible for damages caused by delay or failure of Tether to perform undertakings under these Terms when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; disease pandemics; acts of any government or government official; computer, server, protocol or internet malfunctions; internet disruptions, viruses, and mechanical power, or communication failures; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other persons; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against by us or that are otherwise outside of our control (“Force Majeure Events”). We are excused from any and all performance obligations under these Force Majeure Events.
13.4. Mandatory arbitration. Some jurisdictions do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the individual consumer is located. If you are resident in one of these jurisdictions, this paragraph 13.4 may not apply to you and you may have additional rights.
Except for excluded claims described below, you and we each agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, (b) the Bounty Rewards Information Page and Guidelines or (c) the Bug Bounty Program, will be subject to and finally resolved by confidential, binding arbitration and not in a class, representative or consolidated action or proceeding. If you are subject to the laws of the United States of America, the interpretation and enforceability of this arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. Arbitration will be conducted through the use of videoconferencing technology (unless both arbitration parties agree that an in-person hearing is appropriate given the nature of the dispute) before a single arbitrator in accordance with the International Institute for Conflict Prevention and Resolution International Non-Administered Arbitration Rules, as amended from time to time (the “CPR Rules”). The sole arbitrator selected by the arbitration parties must be a licensed attorney in England and Wales or the British Virgin Islands with at least fifteen (15) years of experience in commercial disputes. If the arbitration parties do not jointly appoint the arbitrator within thirty (30) days of the commencement of the arbitration, any vacancies will be filled by an arbitrator meeting the above qualifications selected by the International Institute for Conflict Prevention and Resolution. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. If the arbitral parties do not promptly agree to the seat of arbitration if an in-person hearing is selected, the seat will be London, United Kingdom. The language of the arbitral proceedings will be English. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in court. For claims less than $15,000, we will reimburse you for all initiating filing fees. Should you be deemed the losing party, the filing fees reimbursed by us will be added to the final arbitrator’s costs and fees award. The prevailing party will be entitled to its costs of the arbitration (including the arbitrator’s fees) and its reasonable attorney’s fees and costs.
The following claims and causes of action will be excluded from arbitration as described in the paragraphs above: causes of action or claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of its intellectual property, including without limitation copyrights, trademarks, trade names, trade secrets, or patents or its confidential information or private data. Nothing in this paragraph 13.4 will prevent us from seeking any other form of injunctive relief in any court of competent jurisdiction, whether or not interim relief has also been sought from the arbitrator.
The arbitrator will have the power to hear and determine challenges to its jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. This authority extends to jurisdictional challenges with respect to both the subject matter of the dispute and the parties to the arbitration. Further, the arbitrator will have the power to determine the existence, validity, or scope of the contract of which an arbitration clause forms a part. For the purposes of challenges to the arbitrator’s jurisdiction, each clause within this paragraph will be considered separable from any contract of which it forms a part. Any challenges to the jurisdiction of the arbitrator, except challenges based on the award itself, will be made not later than the notice of defense or, with respect to a counterclaim, the reply to the counterclaim; provided, however, that if a claim or counterclaim is later added or amended such a challenge may be made not later than the response to such claim or counterclaim as provided under CPR Rules.
You and we expressly intend and agree that: (a) class action and representative action procedures are hereby waived and will not be asserted, nor will they apply, in any arbitration pursuant to these Terms; (b) neither you nor we will assert class action or representative action claims against the other in arbitration or otherwise; (c) each of you and us will only submit our own, individual claims in arbitration and will not seek to represent the interests of any other person, or consolidate claims with any other person; (d) nothing in these Terms will be interpreted as your or our intent to arbitrate claims on a class or representative basis; and (e) any relief awarded to any one person that participated in a Bug Bounty Program cannot and may not affect any other such person. No adjudicator may consolidate or join more than one person’s claims or otherwise preside over any form of a consolidated, representative, or class proceeding.
You, we and any other arbitration parties will maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, THE BOUNTY REWARDS INFORMATION PAGE AND GUIDELINES, THE BUG BOUNTY PROGRAM AND/OR ANY OTHER MATTER INVOLVING YOU AND US.
13.5. Severability. If an adjudicator of competent jurisdiction finds any provision of these Terms to be (or are otherwise) invalid, you nevertheless agree that the adjudicator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms shall remain in full force and effect.
13.6. Waiver; available remedies. If you breach these Terms and we choose to ignore your breach, we shall still be entitled to use our rights and remedies at a later date or in any other circumstances where you breach these Terms again. Our and our affiliates’ remedies are cumulative and not exclusive of any other remedy conferred by the provisions of these Terms, or by law or equity.
13.7. Electronic communications; acceptance. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that we may provide in connection with these Terms through publication on the website where materials related to the Bug Bounty Program are hosted. Such notices shall be deemed effective and received by you on the date on which the notice is published on any part of such website. These Terms may be accepted electronically, and it is the intention of the parties that such acceptance shall be deemed to be as valid as an original signature being applied to these Terms.
