Listing T&Cs
This document outlines the terms and conditions (“Terms”) governing the listing of your project’s token on the Tothemoon platform (“Listing”) offered by Tothemoon (“we” or “us”). The Listing enables Projects to add their tokens (“Token”) to the list of supported digital assets on the Tothemoon platform and launch one or several trading pairs with widely recognized cryptocurrencies, thereby allowing users of the Tothemoon platform (“User” or “Users”) to trade the Token. These Terms are designed to ensure clarity and transparency in our relationship with you and to provide a clear understanding of the processes, requirements, and responsibilities associated with the Listing.
These Terms form an integral part of the contractual relationship between the Project and Tothemoon and shall apply together with the Exchange Terms and Conditions, Privacy Policy, and any other terms and conditions of Tothemoon.
Tothemoon reserves the right to update these Terms from time to time. It is your responsibility to review them periodically to stay informed about any changes.
Before applying for the Listing, we urge you to read these Terms carefully and ensure you understand them. By applying for the Listing of the Token, you acknowledge and agree to adhere to these Terms, which constitute a binding legal agreement between you (“Project” or “Projects”) and Tothemoon.
ELIGIBILITY AND APPLICATION PROCESS
Eligibility Criteria. To be eligible for the Listing on the Tothemoon platform, Projects must meet the following criteria:
The Token must be based on one of the following supported blockchain protocols: ERC20 (Ethereum), BEP20 (Binance Smart Chain), TRC20 (TRON), Polygon, or Solana. In cases where the Token is based on a different blockchain protocol, the Project must engage in a separate discussion with Tothemoon to assess the feasibility and eligibility of the Listing.
The Token must not be classified or treated as a security or any other investment or financial product that is subject to securities laws and regulations. Tothemoon may request sufficient legal documentation or expert opinions confirming the above statement.
Projects must always comply with applicable laws and regulations in jurisdictions relevant to their operations and the jurisdictions where the Tokens are issued.
Projects must not be involved in any illegal, fraudulent, or unethical activities. This includes, but is not limited to, activities related to money laundering, terrorism financing, and market manipulation.
Projects are required to provide transparency about their activity, team, and tokenomics. This includes clear disclosure of the token supply, distribution mechanisms, and any lock-up periods, limitations, or special allocations.
The Token must be developed on a stable and secure technological framework.
Projects should demonstrate an active and engaged community. This includes, but is not limited to, social media presence, community discussions, and user support.
Tothemoon reserves the right to conduct a regulatory risk assessment of the Project and the Token. Projects must cooperate fully in providing any necessary information for this assessment.
Application Process. Projects interested in the Listing of their Tokens on the Tothemoon platform shall submit an application through the Listing page of the official website (https://tothemoon.com/listing) or via another designated channel provided by Tothemoon. The application shall include information about the Project, Token, underlying blockchain protocol, and contact details.
Upon receipt of the application, Tothemoon will conduct a thorough review process. This process includes, but is not limited to, an assessment of the Project's technological soundness, regulatory compliance, market potential, team credibility, and community support.
Tothemoon reserves the right to request additional information, documentation, or clarification from the Project during the review process as deemed necessary to conduct appropriate due diligence measures. Failure to provide requested information in a timely manner may result in the rejection of the application.
Following a comprehensive review, Tothemoon will make a decision regarding the Listing of the Token on the Tothemoon platform. This decision will be communicated to the Project, along with any terms or conditions that must be met prior to and post the Listing.
Tothemoon reserves the right to reject any application without disclosing the reasons for rejection.
MARKET-MAKING REQUIREMENTS
To ensure a robust and liquid trading environment on the Tothemoon platform, Projects whose Tokens are listed shall comply with specific Market-Making Requirements (“MM Requirements”). These requirements are crucial for maintaining an active and stable market, ensuring that Users can trade the Token efficiently.
The MM Requirements applied to all trading pairs with the Token are as follows:
Average 24-Hour Spread: The bid/ask spread for the Token should not exceed 1% on average over 24 hours.
Daily Trading Volume: There must be a minimum daily trading volume of $10,000 per trading pair, starting from the date of the trading launch.
Frequency of Trades: Trades involving the Token should be executed at least every 30 minutes.
Order Book Depth: The Project must maintain a minimum of $1,000 within a 1.9% spread of ask orders and a similar amount within a 1.9% spread of bid orders.
Options for Compliance. Projects may choose to fulfill the MM Requirements by engaging a third-party liquidity provider. It is the responsibility of the Project to ensure that the chosen provider is capable of maintaining the required level of market liquidity. Alternatively, Projects may choose to comply with the MM Requirements using their own resources. In such cases, Projects must demonstrate their capability to sustain the necessary trading volumes and liquidity levels.
Exemption Criteria. Projects whose Tokens are already listed on other centralized exchanges deemed reliable by Tothemoon, at its sole discretion, may be considered for exemption from the MM Requirements. Tothemoon will evaluate each case individually based on the trading volume, market liquidity, and reputation of the other exchange(s).
Zero-Fee Account. Tothemoon will provide Projects with a dedicated zero-fee market-making account (“MM Account”) specifically for the purpose of performing trades required to comply with the MM Requirements. The MM Account is to be used exclusively for fulfilling MM Requirements in relation to the Token. Using the MM Account for any other purposes, including trading other digital assets on the Tothemoon platform, will be considered a material breach of these Terms. The Project shall bear sole responsibility for all market-making activities undertaken on the Tothemoon platform using the MM Account, including any and all outcomes or results thereof.
Monitoring. Tothemoon will regularly monitor the market activity of the listed Tokens to ensure compliance with the MM Requirements. Projects agree to provide periodic reports and data as requested by Tothemoon to facilitate this monitoring.
Failure to Comply. Non-compliance with the MM Requirements may result in actions, including but not limited to, temporary suspension of trading or delisting of the Token. Tothemoon will provide notice to the Project and an opportunity to rectify the situation before taking any such actions.
CO-MARKETING ACTIVITIES
Joint Marketing Initiatives. Upon listing of the Token, Tothemoon and the Project shall engage in co-marketing activities designed to promote both the Token and Tothemoon's platform. These collaborative efforts are aimed at maximizing exposure and user engagement for the Token.
Types of Marketing Activities. The co-marketing activities may include, but are not limited to, contests, airdrops, competitions, bonuses, social media campaigns, and other promotional events. Both parties shall agree upon the specific nature and scope of these activities in advance.
Marketing Budget. Certain marketing activities may require a marketing budget to be provided in Tokens or other digital assets ("Marketing Budget"), which the Project shall furnish. The specifics regarding the amount and allocation of the Marketing Budget will be mutually established and agreed upon in writing by both parties.
Collaboration and Approval Process. The Project and Tothemoon shall work collaboratively to develop and execute marketing strategies. All marketing materials or campaigns related to the Token and co-marketing activities must receive prior written approval from Tothemoon before their launch. This ensures that all promotional content aligns with Tothemoon's brand and compliance standards.
Performance. The Project agrees to provide reports on the performance of co-marketing activities, including metrics such as reach, engagement, and user feedback. These reports will help in assessing the effectiveness of the marketing efforts and in making any necessary adjustments to the strategy.
Compliance. All marketing and promotional activities undertaken in relation to the Token must comply with relevant advertising standards and regulations. The Project is responsible for ensuring that all marketing content is accurate, valid, fair, not misleading, and fully compliant with applicable laws and regulations.
REPRESENTATIONS AND WARRANTIES
The Project represents and warrants to Tothemoon, as of the date of filing the application for the Listing and continuously during the period while the Token is being listed on the Tothemoon platform, that:
The Project is in full compliance with all applicable laws and regulations in all jurisdictions relevant to its operations and the issuance of the Token.
All information provided to Tothemoon during the application process and thereafter is complete, accurate, and up-to-date. The Project commits to promptly notify Tothemoon of any changes to this information.
The Token is not classified or treated as a security or any other regulated investment or financial product in accordance with applicable laws which can be evidenced by legal advice or opinion obtained by the Project.
The Project, its founders, directors, employees, contractors, agents, and other team members, are not involved in any illegal, fraudulent, or unethical activities, including those related to fraud, money laundering, terrorism financing, and market manipulation and there are no ongoing or pending legal disputes, litigation, or regulatory actions against them that could negatively impact the Project’s operations or its cooperation with Tothemoon.
The Project holds all necessary rights and licenses to the intellectual property related to its business, the Token, and its underlying technology. The use of such intellectual property does not infringe upon the rights of any third party.
The technology underlying the Token is stable, secure, and functions as intended. The Token and its underlying technology shall not, in any manner, adversely affect the functionality, security, or integrity of the Tothemoon platform or the interests of its Users.
The Project commits to maintaining a controlled and transparent issuance process for the Token. Uncontrolled, unauthorized, or unexpected issuance of Tokens, which could impact market dynamics or user trust, is strictly prohibited.
In case of any technological updates, upgrades, or changes to the Token, the Project shall provide advance notice to Tothemoon and obtain approval if such changes could impact the Token's interaction with the Tothemoon platform.
The Project has all requisite power to execute, deliver, and perform these Terms and consummate the transactions contemplated hereunder. The person executing these Terms on behalf of the Project has full power and authority to bind the Project to perform its obligations hereunder.
The Project agrees to continuously disclose any material information that could reasonably be expected to affect the value or market perception of the Token. This includes significant changes in the Project's management, operations, tokenomics, or legal and regulatory status.
LIMITATION OF LIABILITY AND INDEMNIFICATION
The Project agrees to indemnify and hold harmless Tothemoon, its affiliates, directors, shareholders, officers, agents, employees, and permitted successors and assigns against any claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees, and costs of any kind or amount whatsoever, which result from or arise out of (i) the Project's breach of any provision of these Terms, or (ii) the fact that any representation, warranty, or statement made by the Project is incorrect, incomplete, false or misleading, or (iii) any claim by Users or third parties related to the Token or the Project's business operations, or (iv) any claim asserting that the Token or any of the Project's business activities infringe upon the intellectual property rights or other rights of a third party.
In no event shall Tothemoon be liable for any claims asserted by the Project or its affiliates, directors, shareholders, officers, agents, employees, and permitted successors under any theory of law, including any tort or contract theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is hereby expressly waived by the Project to the fullest extent permitted by law.
By listing its Token on the Tothemoon platform, the Project acknowledges that Tothemoon is not responsible for the Token’s market performance, liquidity, or reception by traders and Users. The Project understands that market conditions, user perceptions, and other external factors, over which Tothemoon has no control, can significantly affect these aspects.
Tothemoon provides its platform and the Listing on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Tothemoon shall not be liable for (i) any delays, suspensions, discontinuations, or interruptions in the Listing of Tokens on its platform; (ii) any acts or omissions of third parties that may impact the listing, trading, or performance of the Token; (iii) acts or omissions it performs in order to comply with applicable laws, court orders, or directives from governmental authorities.
The Project expressly acknowledges and agrees that Tothemoon may in its sole discretion limit access to transactions with the Token on the Tothemoon platform for Users from certain jurisdictions which fall under the definition of high-risk jurisdictions or are subject to international sanctions. The Project expressly waives any claims against Tothemoon arising out of such limitations.
TERMINATION AND DELISTING CRITERIA
Termination by Tothemoon: Tothemoon reserves the right to unilaterally terminate the listing agreement and delist the Token under certain conditions, including but not limited to:
Breach of Terms: Any breach of these Terms by the Project, including misrepresentations, failure to meet MM Requirements, or violation of any representations and warranties.
Regulatory or Legal Issues: Changes in regulatory or legal circumstances that render the continued listing of the Token non-compliant or problematic under applicable laws or regulations.
Operational Concerns: Significant operational changes, issues, or challenges faced by the Project that negatively impact the Token’s stability, security, or integrity.
Risks: Tothemoon has reasonable grounds to believe that continuing to list the Token poses any kind of risk, including reputational, legal, financial, or security risks.
Economic Inefficiency: When it becomes economically inefficient or unfeasible for Tothemoon to maintain the listing of the Token.
Tothemoon shall endeavor, using commercially reasonable efforts, to provide the Project with advance notice of any intended termination or delisting of the Token, detailing the specific reasons for such action. However, in certain circumstances where continuing to list the Token poses a risk to Tothemoon, it reserves the right to terminate these Terms or delist the Token without prior notice.
Termination by Project. The Project can terminate these Terms and delist the Token from the Tothemoon platform at any time. To exercise this right, the Project must provide Tothemoon with a written notice of termination at least 14 days prior to the intended date of termination and delisting.
Consequences of Termination. Upon the delisting of the Token and the termination of these Terms, the Token will be removed from trading on the Tothemoon platform, and all associated co-marketing activities, support services, and any other collaborative efforts related to the Token facilitated by Tothemoon will cease. The Project is responsible for all necessary communications with its stakeholders and for managing the implications of the delisting.
Survival of Obligations. The termination of these Terms or the delisting of the Token does not relieve the Project of any liabilities or obligations incurred during the time the Token was listed on the Tothemoon platform, including indemnification obligations.
CONFIDENTIALITY
Confidential Information: Both Tothemoon and the Project may receive or have access to sensitive, proprietary, or confidential information of the other party during the course of the Listing. This may include, but is not limited to, technical information, business and marketing plans, user data, trade secrets, know-how, ideas, inventions, information, patents, patent applications, software, information relating to business, financing, products or services, sales, suppliers or clients (“Confidential Information”).
Obligation of Confidentiality. Each party agrees to maintain the confidentiality of such information and to use it only for purposes directly related to the Listing of the Token. Confidential Information shall not be disclosed to any third parties without the prior written consent of the party that owns the information, except as required by law or in response to a valid order of a court or other governmental authority.
Exclusions. Information shall not be deemed confidential if it is or becomes publicly known through no fault of the receiving party, is already in the receiving party’s possession prior to disclosure by the other party, or is independently developed by the receiving party without the use of or reference to the other party’s Confidential Information.
Return or Destruction. Upon termination of these Terms or at the request of the disclosing party, the receiving party shall return or destroy all copies of Confidential Information in its possession, subject to applicable laws and regulations regarding record retention.
Survival. The confidentiality obligations set forth in this section shall survive the termination of these Terms and continue for a period of 5 years thereafter.
INTELLECTUAL PROPERTY
The Project affirms that it owns or holds the necessary licenses to all intellectual property related to its Token and its business, including but not limited to, trademarks, logos, service marks, trade names, software, technology, products, and content.
Tothemoon retains all rights, title, and interest in its intellectual property, including any software, technologies, documentation, content, and branding materials used or developed in connection with the Listing.
The Project grants Tothemoon a non-exclusive, royalty-free, worldwide license to use, display, and reproduce the Project's trademarks, service marks, and logos in connection with the Listing of the Token and associated promotional activities. This license is limited to the duration of the Token’s Listing on Tothemoon and is intended solely for the purpose of facilitating the Listing and promotion of the Token.
Neither party shall use the other party’s intellectual property in a manner that infringes, misappropriates, or violates the intellectual property rights of the other party or any third party.
If either party becomes aware of any infringement or misappropriation of its or the other party’s intellectual property rights in connection with the Listing, it shall promptly notify the other party. Both parties agree to cooperate in good faith to address and resolve such infringement.
MISCELLANEOUS
Entire Agreement. These Terms constitute the entire agreement between the Project and Tothemoon regarding the Listing of the Token on the Tothemoon platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Project and Tothemoon.
Amendments. Tothemoon may amend these Terms at any time by publishing an updated version of these Terms on the official website. Continued Listing of the Token after any such changes shall constitute the Project’s consent to such changes.
Assignment. The Project may not assign or transfer any rights, obligations, or privileges that the Project has under these Terms without the prior written consent of Tothemoon. Tothemoon 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.
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.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Tothemoon operates, without regard to its conflict of law rules.
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 Tothemoon operates.
No Waiver. Any failure or delay by Tothemoon to require compliance by the Project with any of the terms, or exercise any right or remedy, provisions, warranties, covenants, or conditions of these Terms will in no way affect Tothemoon's right to enforce the same, nor will any waiver by Tothemoon of any breach of any term, provision, warranty, covenant or condition of these Terms constitute a waiver of any succeeding breach.
Notices. Any notices or other communications required or permitted under these Terms shall be in writing and delivered to the parties at the email addresses or to such other address a party may designate in writing