SWIFT Trademark Guidelines

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SWIFT Trademark Guidelines - March 2013

1 Introduction

SWIFT has a worldwide reputation for the security, availability and resilience of its network,products and services.

The SWIFT trademarks are important vehicles of that reputation and, as such, are protected as

valuable assets by SWIFT.

Any improper or unauthorised use of the SWIFT trademarks is likely to affect that reputation.These guidelines explain to which extent third parties may obtain permission to use SWIFT

trademarks.

Third parties are invited to consult these guidelines. No use of SWIFT trademarks is permitted

without SWIFTs prior permission.Questions about the use of the SWIFT trademarks should be addressed to theLegal Department.

2 SWIFT Trademarks

In this document, the term SWIFT trademarks means all registered trademarks, non registered

trademarks, trade names and company names owned by SWIFT.All SWIFT trademarks are owned by S.W.I.F.T. SCRL, Avenue Adle 1, 1310 La Hulpe,Belgium.

2.1 S.W.I.F.T. and SWIFT

Both S.W.I.F.T. (with dots) and SWIFT (without dots) are used to identify the company.

2.1.1 S.W.I.F.T.

S.W.I.F.T. is protected as company and trade name in many countries.

TheArticles of Associationdefine the company name as Society for Worldwide InterbankFinancial Telecommunication and its abbreviation as S.W.I.F.T.

S.W.I.F.T. is used when referring to S.W.I.F.T. SCRL.

2.1.2 SWIFT

SWIFT is protected as trade name and registered trademark in many countries.

It is commonly used when referring to either S.W.I.F.T. SCRL or the SWIFT group (S.W.I.F.T.

SCRL, its branches and subsidiaries).

2.2 Registered product and service names

SWIFT has registered its main product and service names on an extensive basis worldwide. The

SWIFT product and service names registered as trademarks are:

SWIFTNet SWIFTReady
mailto:[email protected]:[email protected]:[email protected]://www.swift.com/about_swift/legal/swift_by_lawshttp://www.swift.com/about_swift/legal/swift_by_lawshttp://www.swift.com/about_swift/legal/swift_by_lawshttp://www.swift.com/about_swift/legal/swift_by_lawsmailto:[email protected]


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Accord Sibos 3SKey Innotribe MyStandards

SWIFT Institute

2.3 Registered signs

SWIFT has registered the following signs as trademarks on an extensive basis worldwide:

the SWIFT logo

The only permitted use of the SWIFT logo by a third party is under one of the licence programs

listed below (Section 5).

the Standards Forum logo

SWIFT DOES NOT AUTHORISE ANY USE OF ITS LOGOS BY THIRD PARTIES UNLESS

WITH PRIOR SWIFT APPROVAL.


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2.4 Other product and service names

Other SWIFT product and service names are protected as trade names and, in countries where

this is available, also as non-registered trademarks.

3 Restricted Uses

Except as indicated in these guidelines or as permitted by licence, third parties may not use

names or signs identical or similar to SWIFT trademarks in a manner which creates confusion as

to the origin of the products and services offered under those names or signs, nor in a mannerwhich affects or takes unfair advantage of the distinctive nature or reputation of SWIFT

trademarks.

In particular, SWIFT does not authorise any use of its trademarks that might induce SWIFTcustomers to erroneously believe that:

such third party is part of the SWIFT group or constitutes a SWIFT representative office there is a partnership, joint venture or any other commercial connection between such

third party and SWIFT

the third-party products and services are developed or supplied by SWIFT, under itscontrol, or jointly with that third party

the third party was authorised, by licence or otherwise, to use the SWIFT trademarks SWIFT is responsible for the quality of the third-party products and services.

To illustrate these principles, SWIFT trademarks cannot, without prior permission, either in

whole, in part or in combination with other names or signs:

be used to designate a third-party product or service be registered as trademarks by a third party be used as a third-party company name be registered or used as domain names by a third party.

SWIFT reserves the right to take all necessary action against any use of its trademarks which

does not comply with the present guidelines.

4 Authorised Referencing

4.1 General

As a general rule, SWIFT trademarks may be used by a third-party where it is necessary to

indicate the intended purpose of a third-party product or service.

To illustrate this principle, third parties may refer to SWIFT trademarks:


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when such reference is needed to indicate the compatibility of their products or serviceswith SWIFT products and services, for example in their technical documentation,

advertising materials or website, and

when such reference is in practice the only means to provide the public withcomprehensible and complete information on the intended purposes of their products and

services, for example by adding for SWIFTNet or over SWIFTNetto the name oftheir interface or business solution.

To be authorised, such referencing must:

be made in a neutral and objective manner and in accordance with honest businesspractices,

not create any risk or confusion regarding the origin of the third-party and the SWIFTproduct or service or regarding the independence between the third-party and SWIFT,

not emphasize the SWIFT trademark in any way or manner (colour, font or size)presenting it as the prevailing element in the product or service name, and

be made in a descriptive manner, thereby referring to the SWIFT products and services asbeing offered by SWIFT. When the reference is made in documentation, advertising

materials or on a website, it should be accompanied with the acknowledgment:

"[referenced SWIFT trademark] is a trademark of S.W.I.F.T. SCRL".

Such authorised referencing does not entail any warranty or certification by SWIFT regarding

the quality of the third-party product or service, and SWIFT waives any liability in that respect,

nor does it entitle the third party to any other rights, title, or licence to the SWIFT trademarks.

4.2 SWIFT Standards

'SWIFT Standards' is the overarching name for standards products, tools and services thatSWIFT delivers to the SWIFT community.

In particular, the term 'SWIFT Standards' covers any message-based standard or componentthereof, developed by or for SWIFT, including the related business model, messages, message

flows and documentation, whether in draft or final form.

The name 'SWIFT Standards' may be used when referring to FIN messages and to XML

messages developed in accordance with the ISO 20022 methodology.

Messages developed by or for other organisations than SWIFT in accordance with the ISO 20022methodology are not SWIFT Standards, but may be selected for use on SWIFTNet and, as such,

be included in the SWIFT Standards documentation. The name 'SWIFT Standards' may not beused in relation to those messages.

For more information, please consult ourSWIFT Standards End-User License Agreement

5 Licence Programmes
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Under various programmes, SWIFT grants contracting parties the right to use SWIFT

trademarks.

Only parties that satisfy the eligibility criteria of these programmes may benefit from these

trademark licences. For the eligibility criteria of a particular programme, please refer to the

applicable SWIFT documentation.The currently available licence programmes are:

5.1 Partner Programme

The Partner Programme is open to companies intending to provide SWIFT-related products or

services which require co-operation with SWIFT, or to companies that want to promote and

facilitate the sale of SWIFT products and services in their region.

The eligibility criteria and conditions for use of the various titles and labels are defined in the

SWIFT Partners Programme - Terms and Conditions.

For more information, please consult thePartnersection.

5.1.1 SWIFT Business Partners

SWIFT Business Partners are responsible for the promotion and sales facilitation of SWIFTproducts and services to SWIFT Customers.

SWIFT grants Business Partners the right to use the SWIFT Business Partner' title and label, asper the following sample:

The conditions for use of this title and label are defined in the agreement with the Business

Partner.

5.1.2 SWIFT Certified Programme

The SWIFT Certified Programme provides a label to external applications, specialists, and

interfaces which fully comply with pre-defined SWIFT quality criteria and standards.
https://www2.swift.com/uhbonline/books/public/en_uk/s_ptnr_prog_trm_cond/index.htmhttps://www2.swift.com/uhbonline/books/public/en_uk/s_ptnr_prog_trm_cond/index.htmhttp://www.swift.com/products_services/partners/partner_programmehttp://www.swift.com/products_services/partners/partner_programmehttp://www.swift.com/products_services/partners/partner_programmehttp://www.swift.com/products_services/partners/partner_programmehttps://www2.swift.com/uhbonline/books/public/en_uk/s_ptnr_prog_trm_cond/index.htm


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The eligibility criteria to use these labels are defined in theapplicable Partner Programme

documentation.

5.1.2.1 SWIFT Certified Applications

With this label, SWIFT certifies a selected third-party business application which meets well-defined requirements around SWIFT standards, messaging and connectivity. SWIFT provides

certifications per specific market segment, including payments, trade, securities and corporates.

Upon certification, SWIFT grants the provider the right to use a label specifically in relation to

the application, as per the following sample:

5.1.2.2 SWIFT Certified Specialists

With this label, SWIFT certifies that an individual specialist meets well-defined requirements in

his or her specific area of technical or business expertise.

Upon certification, SWIFT grants the provider the right to use a label specifically in relation tothe individual, as per the following sample:

5.1.2.3 SWIFT Certified Interfaces

With this title, SWIFT certifies that a SWIFT interface developed by a customer or third partymeets well-defined technical requirements and standards.

Upon certification, SWIFT grants the customer or provider the right to use the SWIFT CertifiedInterface' title, together with indication of the type of interface and applicable SWIFTNet

Release.
http://www.swift.com/products_services/partners/swift_certified_programmehttp://www.swift.com/products_services/partners/swift_certified_programmehttp://www.swift.com/products_services/partners/swift_certified_programmehttp://www.swift.com/products_services/partners/swift_certified_programmehttp://www.swift.com/products_services/partners/swift_certified_programmehttp://www.swift.com/products_services/partners/swift_certified_programme


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5.2 Shared Infrastructure Programme

Under the SWIFT Shared Infrastructure Programme, SWIFT grants Service bureaux that meet all

eligibility criteria the right to use the SWIFT Service bureau' title.

Once granted by SWIFT, a Service bureau can refer to their compliance level as MinimumOperational Practice, Standard Operational Practice, or Premier Operational Practice.

In addition, SWIFT grants Service bureaux that meet the Premier Operational Practicerequirements, the right to use the following label:

5.3 National Member Groups and National User Groups

SWIFT grants National Member and User Goups the right to use the National Member, Group or

National User Group title and logo.

The conditions for use of the title and logo are defined in the Guidelines for the use of theSWIFT National Member and User Group logo, available on request from theLegal Department.
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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5.4 Sibos Exhibitors

The Sibos trademark designates SWIFTs annual conference for the worldwide financial

community. It originally stood for SWIFT International Banking Operations Seminar. It hassince grown to include the entire financial industry, including securities, trade and treasury.

Sibos is entirely written in lower case (sibos) when used in combination with the logo, and as aproper noun (Sibos) when used without the logo. Sibos is NOTwritten in capital letters (SIBOS).

SWIFT grants companies who register as Sibos exhibitors the right to use the Sibos official

exhibitor logo:

The conditions to register as Sibos exhibitor and to use the Official exhibitor logo are defined in

the Sibos Exhibitor agreement.

SWIFT Standards IPR Policy


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End-User License Agreement

1. Definitions

SWIFTmeans Society for Worldwide Interbank Financial Telecommunication SCRL.

SWIFT Standardsmeans any message-based standard or component thereof, developed byor for SWIFT, including the related business model, messages, message flows and

documentation, whether in draft or final form.

IP Rightsmeans all copyright, proprietary know-how, patent rights (including patent

applications) or other intellectual or industrial property rights.

2. License

SWIFT hereby grants you a world-wide, royalty-free, non-exclusive license to use or promote

SWIFT Standards (i) for information transmission purposes in or outside the context of SWIFTmessaging services and/or (ii) to develop software, products or services which support

transmission of information in accordance with SWIFT Standards.

3. Limitations

You may not directly or indirectly sell SWIFT Standards. You may not modify SWIFTStandards while maintaining SWIFT Standards as a reference for the modified standard. This

License Agreement does not grant you a license to use any of SWIFTs trademarks, except the

trademark SWIFT Standards for the use asdefined in Section 2.

4. Sub-licensing

You may grant sub-licenses on a royalty free basis only and provided that any such sub-licenseremains within the scope of your rights under this License Agreement.

5. Ownership of SWIFT Standards

All IP Rights, worldwide ownership of and rights, title and interest in and to SWIFT Standards,

and all copies and portions thereof, are and shall remain exclusively in SWIFT and its licensors.

6. Termination

This license will terminate immediately without notice if you fail to comply with any materialprovision of this License Agreement.

7. Disclosure of IP Rights


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During the thirty (30) days period immediately following the date that SWIFT Standards are

provided to you, you may disclose that the publication of, use of or compliance with SWIFT

Standards as presented, in whole or in part, would infringe any of your IP Rights. Upon timelydisclosure and considering the non-commercial nature of SWIFT Standards, you agree to license

any such IP Right to SWIFT (including the right to grant sub-licenses) on royalty-free or

otherwise reasonable and non-discriminatory terms and solely for the purpose of developing,implementing, promoting and using SWIFT Standards.

8. Non-Enforcement of IP Rights

Any non-disclosure of your IP Rights pursuant to Section 7 of this License Agreement, shall be

considered as a final and irrevocable waiver to assert or enforce any such IP Right that you may

own or control, against SWIFT or any other third party that may use SWIFT Standards, if the

allegedly infringing activity is caused solely by the use of SWIFT Standards in accordance withthis License Agreement.

9. Disclaimer

SWIFT Standards are provided "as is". SWIFT makes no express or implied representations,

including but not limited to, warranties of merchantability or fitness for any particular purposenor any warranty that the use of SWIFT Standards will not infringe any third party IP Rights.

10. Limitation of liability

Since SWIFT Standards result from industry consultation and are adopted by consensus amongst

relevant industry participants, SWIFT will not be liable for any direct, indirect, special or

consequential damages arising out of any use of SWIFT Standards even if SWIFT is expressly

advised of the possibility of such damages.

11. Choice of Law - Arbitration

This License Agreement shall be governed by Belgian law.

Any dispute concerning this License Agreement, that cannot be amicably resolved, shall be

finally settled under the Rules of Conciliation and Arbitration of the International Chamber of

Commerce (ICC) by three arbitrators appointed in accordance with these rules. The arbitration

proceedings shall take place in Brussels, Belgium and shall be conducted in the Englishlanguage.


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Compliance

Data Protection Policies

SWIFT has enhanced its contractual documentation to improve transparency with respect to theprocessing of message and traffic data. In doing so, SWIFT has been assisted by a working group

of data protection and compliance experts from European and non-European SWIFT users. In

December 2008, the Belgian data protection commission concluded that SWIFT complied withall applicable Belgian data protection legislation.

Read more

We self-certify compliance with

Terrorist Finance Tracking Program

After the attacks of September 11, 2001, the US Treasury Department (UST) launched theTerrorist Finance Tracking Program (TFTP). The TFTP program is ongoing and SWIFT receives

and complies with valid and enforceable subpoenas for data located in its US Operating Center.

The European Union and the United States of America have signed aninternational agreement

on the Terrorist Finance Tracking Program".This Agreement is in force since 1 August 2010.

SWIFT has been jointly designated by the European Union and the United States of America as aprovider of international financial payment messaging services, subject to this Agreement. As a
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result, SWIFT is subject to legally binding requests to provide to the U.S. Treasury Department

data located in its EU Operating Center, which are necessary for the purpose of the prevention,

investigation, detection or prosecution of terrorism or terrorist financing.Read More

Fighting illegal financial activities

Given its importance in the financial community, SWIFT cooperates in good faith with

authorities in the fight against illegal activities.

Read more
http://www.swift.com/about_swift/legal/terrorist_finance_tracking_programhttp://www.swift.com/about_swift/legal/fighting_illegal_financial_activitieshttp://www.swift.com/about_swift/legal/fighting_illegal_financial_activitieshttp://www.swift.com/about_swift/legal/terrorist_finance_tracking_program

Documents

SWIFT Trademark Guidelines