1. Application Name
These Terms of Service apply to users using the TikTok Login Kit service and all other services within the "Duomai Affiliate & Influencer" application (hereinafter referred to as "this App"). By using the relevant services through this App, users are deemed to agree to all contents of these Terms of Service.
2. Definitions
The term "Publisher" in this Agreement refers to the media owner who meets the following requirements:
2.1 Individual Media: The owner of the media shall be a citizen of the People's Republic of China, possess full civil capacity, and be able to independently bear legal responsibilities.
2.2 Commercial Media: Commercial media refers to media owned by business entities, organizations, or institutions engaged in commercial activities other than individual media. The owner of commercial media shall be a business entity or organization legally registered within the territory of the People's Republic of China.
3. Requirements for Media
3.1 The operation of media shall strictly comply with relevant laws and regulations, and the market development, advertising, and related business activities conducted by the media shall be lawful. Media shall not contain the following contents (hereinafter referred to as "illegal contents"):
(1) Content that opposes the basic principles established by the Constitution;
(2) Content that endangers national security, leaks state secrets, subverts state power, or undermines national unity;
(3) Content that damages national honor and interests;
(4) Content that incites ethnic hatred, ethnic discrimination, or undermines ethnic unity;
(5) Content that undermines national religious policies or promotes cults and feudal superstitions;
(6) Content that spreads rumors, disturbs social order, or undermines social stability;
(7) Content that disseminates obscenity, pornography, gambling, violence, homicide, terrorism, or incites crime;
(8) Content that insults or slanders others, or infringes upon the legitimate rights and interests of others;
(9) Content that infringes upon the intellectual property rights of others, including but not limited to patent rights, trademark rights, and copyrights;
(10) Content that infringes upon the trade secrets of others;
(11) Other contents prohibited by laws and administrative regulations.
3.2 Regardless of whether the publisher is individual media or commercial media, the publisher shall have complete ownership, usage rights, decision-making rights, and other corresponding rights over their homepage, and ensure that their website pages can display normally at 800x600 resolution.
3.3 The publisher must have a fixed residential or office address and the ability to frequently access the internet to send and receive emails.
4. Publisher Registration and Ad Placement Procedures
4.1 Publisher Registration: Fill in registration information and verify promotional media. Duomai Affiliate & Influencer adopts a media member review mechanism. When a media member's website involves illegal information or cannot operate normally, Duomai Affiliate & Influencer reserves the right to cancel its membership qualification.
4.2 After the publisher's information and promotional media are approved, they can log in to the Duomai Affiliate & Influencer platform to obtain advertising codes.
4.3 After placing the code on the publisher's promotional media, Duomai Affiliate & Influencer will use the statistical results from the Duomai Affiliate & Influencer advertising effect tracking system and the confirmed data returned by advertisers as the basis for publisher settlement.
5. Publisher Rights
5.1 After registration, verification, and approval, the publisher officially becomes a member of Duomai Affiliate & Influencer.
5.2 Advertising Fee Settlement: Duomai Affiliate & Influencer will settle payments based on valid promotional data provided by advertisers.
5.3 Payment Methods:
(1) Generate advertising statistical reports based on the actual advertising placement quantity and actual advertising effects on the publisher's media for the publisher to view on the login interface.
(2) Determine the publisher's advertising revenue based on the actual data reflected in the above reports and the unit price of the advertising model, and pay fees to the publisher according to actual results.
(3) If the advertiser delays payment of advertising fees, Duomai will also delay payment to the publisher accordingly.
(4) After the publisher initiates a withdrawal application, they should provide Duomai Affiliate & Influencer with a legal and equivalent VAT special invoice. Duomai Affiliate & Influencer will pay the corresponding amount to the publisher's designated account within 5 working days after receiving the invoice issued by the publisher. Data confirmed by both parties shall not be arbitrarily changed by either party.
(5) If the publisher fails to receive payment due to incorrect withdrawal information, Duomai Affiliate & Influencer assumes no responsibility and will not provide compensation.
(6) Individual media registering as Duomai Affiliate & Influencer members simultaneously confirm the following: Publishers as individual media can undertake Duomai Affiliate & Influencer promotional business through third-party platforms. Regarding promotional fees, Duomai Affiliate & Influencer will settle with the third-party platform, and the third-party platform will then pay the corresponding promotional fees to the individual media publisher. If the individual media publisher fails to receive, delays receiving, or receives incorrect promotional fees due to reasons of the third-party platform, Duomai Affiliate & Influencer assumes no corresponding responsibility. The individual media publisher may pursue claims according to their agreement with the third-party platform, and Duomai Affiliate & Influencer will provide corresponding assistance.
6. Publisher Obligations
6.1 The publisher must ensure that all pages of their media do not contain any illegal content and ensure that they do not link to pages containing illegal content.
6.2 If the information and materials provided by the publisher to Duomai Affiliate & Influencer change, including name, contact phone number, etc., the publisher should promptly log in to the Duomai Affiliate & Influencer platform to modify personal information or media information.
6.3 Members should keep their username and password secure and not disclose them to third parties. If their account is stolen, they should notify Duomai Affiliate & Influencer in a timely manner; otherwise, they bear the consequences.
6.4 If advertising is found to be placed not in accordance with the specifications designated by Duomai Affiliate & Influencer or advertisers, Duomai Affiliate & Influencer has the right to require the member to make corrections.
6.5 For members who have no advertising effects within three months after registration, Duomai Affiliate & Influencer reserves the right to delete all commissions in their account and suspend or terminate their account.
6.6 Duomai Affiliate & Influencer has the right to unilaterally change these Terms of Service at any time. Such changes shall take effect for both parties from the date Duomai makes them. Publishers should automatically comply with the modified terms. If the publisher continues to execute promotions, it is deemed as acceptance of the changes to this Agreement.
6.7 After these Terms of Service are changed, if the publisher continues to use the services provided by Duomai Affiliate & Influencer, it indicates that the publisher accepts the revised Terms of Service.
7. Breach of Contract Liability
7.1 It is strictly prohibited to use devices, programs, and other illegal means to increase personal income. Once discovered, Duomai Affiliate & Influencer has the right to immediately cancel the publisher's qualification, withdraw the advertisements being placed, and recover all advertising fees that have been paid. Duomai Affiliate & Influencer reserves the right to further pursue liability; at the same time, the publisher must bear all losses caused to Duomai Affiliate & Influencer as a result.
7.2 The publisher warrants the authenticity of any materials submitted to the Duomai Affiliate & Influencer platform, including but not limited to their registration information, website addresses, and contact information. Duomai Affiliate & Influencer does not assume the responsibility of reviewing the authenticity of the above materials. However, once Duomai Affiliate & Influencer discovers that the publisher has provided false information or used other deceptive means to obtain promotional revenue, it has the right to suspend or terminate the publisher's account, deduct all commissions in the account, and reserve the right to pursue the publisher's liability.
7.3 The publisher warrants that any of their actions on the Duomai Affiliate & Influencer platform will not cause Duomai Affiliate & Influencer company, other publishers on the Duomai Affiliate & Influencer platform, any other users of Duomai Affiliate & Influencer, third-party websites or companies providing services to Duomai Affiliate & Influencer, or third parties with cooperative relationships with Duomai Affiliate & Influencer to bear any legal liability and penalties.
7.4 The publisher agrees that if the publisher violates these Terms of Service or other documents mentioned in these Terms of Service that should be complied with, or if the publisher violates the law or infringes on the rights of third parties, causing third parties to make claims against Duomai Affiliate & Influencer and its subsidiaries, branches, directors, officers, and agents (including but not limited to judicial fees and other professional fees), the publisher must fully compensate Duomai Affiliate & Influencer.
8. Disclaimer
8.1 Except for the online advertisements provided by Duomai Affiliate & Influencer, Duomai Affiliate & Influencer assumes no responsibility for website content containing or involving pornography, violence, reactionary content, or any content that violates the national laws of the People's Republic of China. Relevant responsibility is entirely borne by the publisher.
8.2 Duomai Affiliate & Influencer assumes no responsibility for the credibility, accuracy, and other contents of the information and materials recorded by publishers or advertisers in the service.
8.3 Duomai Affiliate & Influencer is not responsible for the illegal or improper behavior of partners or visitors, such as orders generated by malicious bulk purchases by scalpers or fake orders. Performance settlement is based on what the advertiser confirms as valid. Performance judged as invalid will not be settled.
Media agents are solely responsible for any payments that should be made to such third parties for displaying specific links on third-party websites (if any). Duomai Affiliate & Influencer assumes no responsibility for the payment of such amounts. If disputes or litigation arise due to the media agent's failure to pay such third parties, the media agent shall bear the payment responsibility according to the adverse judgment made by the court against the media agent, or compensate Duomai Affiliate & Influencer according to the adverse judgment made by the court against Duomai Affiliate & Influencer, or compensate Duomai Affiliate & Influencer according to the settlement amount reached for such disputes, and compensate Duomai Affiliate & Influencer for all expenses incurred thereby (including but not limited to attorney fees, travel expenses, etc.).
9. Force Majeure
Duomai Affiliate & Influencer assumes no responsibility to members for delays or failure to perform due to causes beyond Duomai Affiliate & Influencer's reasonable control, including but not limited to natural disasters, strikes, riots, material shortages or rationing, insurrections, acts of war, government actions, communication or other facility failures, or serious casualty accidents.
10. Compliance with Twilio Regulations
10.1 Use of Twilio Services. When you agree to use our services, we may send you SMS, voice, video, or other forms of communications through the Twilio platform. Using these services means you agree to comply with Twilio's terms of service and policies, as well as all relevant laws and regulations.
10.2 User Consent. To receive messages we send through Twilio, you need to join through an explicit consent process. This means we will provide an option on the registration page or SMS consent page for you to choose whether you wish to receive messages from us.
10.3 Branding and Transparency. All messages we send will be clearly marked with our brand and provide a link to our website. This is to ensure you know the source of the message and can access our privacy policy and terms and conditions.
10.4 Data Privacy and Security. We are committed to protecting your personal information security, and we will process your information in accordance with applicable data protection laws and our privacy policy.
10.5 Compliance Monitoring and Enforcement. We will monitor the use of Twilio services to ensure compliance with these terms. If we find that you are not complying with these terms, we may take appropriate measures, including suspending or terminating your access to our platform.
By using our services and integrating Twilio services, you confirm and agree to comply with the above terms as part of your agreement with us.
11. Supplementary Provisions
11.1 If the provisions of specific Duomai Affiliate & Influencer activity pages are inconsistent with the provisions of this Agreement, the provisions of the specific activity pages shall prevail.
11.2 The "Duomai Affiliate & Influencer platform," "this platform," or "services" mentioned in this Agreement all include the "Duomai Affiliate & Influencer" application. Users need to comply with all provisions of this Agreement when using the application.
11.3 Matters not covered in this Agreement shall be resolved through equal and friendly consultation between both parties with a reasonable attitude towards problem-solving. If consultation fails, a lawsuit may be filed with the Shangcheng District People's Court of Hangzhou City regarding the dispute.
11.4 Matters not explicitly stated in this Agreement shall be handled in accordance with relevant national laws and regulations.