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Rules for Enforcement Action against Non-Compliance Acts on Alibaba.com

Any enforcement action which may be taken against any user for committing non-compliance acts on Alibaba.com will be determined in accordance with a demerit system i.e. when a user has committed any non-compliance act, certain penalty points corresponding to the nature of such non-compliance act will be imposed on the user, and when the aggregate penalty points accumulated by the user has reached a certain level, the user will be subject to certain enforcement action. Unless otherwise specified, any non-compliance acts committed by a user across Alibaba.com and the total penalty points imposed thereby on the user will be taken into account for the purposes of determining the enforcement action to be taken against the user.

Details of the demerit system on Alibaba.com are set forth in the table below:

Total Penalty Points Imposed

on a User

Enforcement Action                          

Remarks

6 points

Issuance of Serious Warning

By Email Notification

12 points

Access Restriction for 7 days

By Email Notification and The Relevant Enforcement Action will be  Applied by System Automatically

24 points

Access Restriction for 14 days

36 points

Access Restriction for 21 days + Removal of All Products Posted on Alibaba.com

48 points

Termination of Membership

Not applicable

Note:

a) The penalty points will be calculated cumulatively on a yearly basis, which means that all penalty points imposed on a user will be on record for a period of 365 days, except where the user’s account on Alibaba.com is closed as a consequence of its non-compliance acts.

b) Access restriction includes but is not limited to access to search results, access to mini-sites, submission and edits of new listings, etc. The access restriction may come in different forms (for example, restriction on access to search results and mini-sites etc.) and each of which will be imposed independently. The relevant user may be subject to different forms of access restrictions with different periods of restriction, which shall be decided by Alibaba.com at its sole discretion.

c) Where the total penalty point imposed on a user reaches 24 points or above, Alibaba.com has the right to refuse or restrict such user’s participation in any promotions and marketing activities on Alibaba.com or to use its products/services. 

d) In case of any severe non-compliance, Alibaba.com has the right to terminate the agreement immediately and unilaterally, and to close the user’s account on Alibaba.com without any refund of service fees for the remaining effective period. Alibaba.com has the right to publish information relating to the enforcement actions taken against the user on Alibaba.com websites and/or other media, to impose any related penalties and/or to refuse from cooperating with the user permanently and to take any other enforcement actions.

 

 

Details relating to any enforcement actions that may be taken against any user for committing serious infringement of Intellectual Property Right are as below:

 

Number of Strikes

Enforcement

First Strike

Restriction for 7 days+ Examination (Such restriction may be to 30 days if the examination is not passed within 7 days)

Second Strike

Access Restriction for 14 days + Examination (Such restriction may be extended to 60 days if the examination is not passed within 14 days)

Third Strike

Termination of User’s Account on Alibaba.com

Notes:

  1.  “3 Strikes” system is adopted in view of the seriousness of the intellectual property rights infringements on Alibaba.com. Every complaint made about serious infringements against one user is considered as one strike; If there is more than one complaint of serious infringements made against the same user within three days shall nevertheless be counted as one strike. The relevant time is calculated from the time when the first complaint is received. The account of the user will be terminated once the user has accumulated three strikes.
  2. The term “complaint” herein refers to a complaint that has been successfully established. A complaint will be successfully established where there is no objection notification made within a specified time limit after a complaint is filed against an user, or where the objection notification submitted by the user is rejected.
  3. Any user who has been imposed with a strike is required to take and pass the intellectual property rights tutorial and examination. Such user’s account will be restored at the end of the access restriction period provided that the user passes the relevant examination. Nevertheless, in the event that any user has accumulated three strikes, its account on Alibaba.com will be terminated. For more details, please see “Alibaba.com examination rules description”
  4. Access restriction includes but is not limited to access to search results, access to mini-sites, submission and edits of new listings, etc. The access restriction may come in different forms (for example, restriction on access to search results and mini-sites etc.) and each of which will be imposed independently. The relevant user may be subject to different forms of access restrictions with different periods of restriction, which shall be decided by Alibaba.com at its sole discretion.
  5. Where there is one strike or more imposed on an user, Alibaba.com has the right to refuse or restrict such user’s participation in any promotions and marketing activities on Alibaba.com or to use its products/services. 
  6. The number of strikes will be accumulated cumulatively on a yearly basis, which means that any strike imposed on a user will be on record for a period of 365 days.
  7. Should a user be found to have committed a severe infringement or have been investigated by any judiciary/enforcement authorities with respect thereto, Alibaba.com reserves the right to terminate membership agreement or service agreement, membership account and any and all accounts as may be determined solely by Alibaba.com at its discretion to be related to such account and/or to implement any other measures that Alibaba.com considers appropriate.

 

 

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