Alibaba.com Live Streaming Platform Administrative Rules
Article 1 - Scope of Application
These Rules shall be applicable to all users who use and publish content on the Alibaba.com live streaming platform (“Platform”), including persons who create, publish and/or promote content and information on the Platform (including but not limited to suppliers of Alibaba.com's International Website (“Alibaba.com Website”) and any third party creative agencies as may be authorised by Alibaba.com, and their respective employees, agents (“Broadcasters”)) and users of the Alibaba.com Website (“Users”) who interact with the Broadcasters (“Participating Audience”).
Article 2 - Effectiveness
These Rules effectively supplement the existing rules and regulations on the Alibaba.com Website, including but not limited to, Alibaba.com International Platform’s General Provisions (“General Rules”), Alibaba.com Live Streaming Platform Service Terms and Conditions (“Live Streaming Rules”) and Rules on the Exchange of Interactive Information on Alibaba.com (“Interactive Information Rules”). In the event where there is any inconsistency between the aforementioned rules and these Rules, the terms in these Rules shall prevail.
Article 3 – Admission
A. Admission requirements for Broadcasters
Subject to their strict compliance with the following admission requirements, any Broadcaster may access the Platform to carry out live streaming creation, publishing, and promotional activities as Broadcasters. The relevant admission requirements that apply to any Broadcaster are set forth below:
1.It shall complete authentication and verification related registration procedures in accordance with the requirements of the Platform;
2.It shall satisfy all risk assessment standards set by the Platform;
3.The business of the Broadcaster does not fall within any restricted promotional categories of the Platform;
4.The points deducted for any Broadcaster’s account(s) on the Alibaba.com Website (including but not limited to the account they use for admission to the Platform) shall not exceed twenty-four (24) points on accumulation, and they shall not have committed a material breach, in particular, any infringement of intellectual property rights;
5.It shall not have been restricted from participating in any marketing activities due to any violation of applicable laws and regulations or any rules of Alibaba.com (including the affiliates of Alibaba.com);
6.It shall not have participated (whether in the past, present or future) in any major violations of any applicable tax related laws and/or rules and regulations;
7.It shall obtain and maintain all licenses, regulatory approvals, consents and/or permits which are relevant and applicable to its business operation. It shall ensure that all the foregoing are continuously valid and effective, and none of which has been or may be revoked by any regulatory authority. ;
8.It shall be creditworthy and with no issues in this regard;
9.It shall operate with integrity and comply with the relevant requirements of the Platform in respect of completing, amongst others, its contractual obligations and servicing any guarantees;
10.It shall possess a certain number of fans, followers, and be equipped with customer operation capabilities;
11.It shall satisfy any requirements applicable to Broadcasters as issued by the Platform from time to time;
12.In the event where the Broadcaster is a member of Alibaba.com Website and there are other specific requirements that may be applicable thereto but are not consistent with the Rules, those specific requirements shall prevail.
B. Admission requirements for Participating Audience
All Users who have completed the registration and verification procedures as required by Alibaba.com can participate in live streaming on the Platform as a Participating Audience.
Article 4 - Requirements on publishing information and content
All Users shall ensure that they do not publish any content and/or information which:
1. is harmful, such as any content or information which may be deemed sensitive, obscene or pornographic, etc.;
2. contains false information, such as fake promotions and false offers, or publishes any information which is inconsistent in particular between the promoted product and the actual state of the relevant product, etc.;
3. contains falsified campaign information;
4. constitutes useless and/or irrelevant advertising materials including spamming;
5. in Alibaba.com’s sole discretion is not permitted to be published on the Platform.
Article 5 – Platform Code of Conduct
A. For Broadcasters
1. There shall be no illegal promotions by the relevant Broadcaster, including but not limited to, the promotion of products which are suspected to be or in fact prohibited by any applicable law and/or the Alibaba.com Website, and/or in violation of any relevant promotional rules of the Alibiaba.com Website, etc.;
2.The Broadcaster shall not be involved in any action and/or non-action that could give rise to transaction risks, including but not limited to, inducing any Participating Audience to conduct offline transactions or publishing products or information from external websites, etc.;
3.There shall be no infringement on the rights and interests of any third party, such as divulging others' personal information, improperly using others' information and rights, harassing others, etc.;
4.There shall be no disruption to the order and operation of the Platform, such as fraudulent acts or plagiarism, or providing false information, etc.;
5.There shall be no breach of promises;
6.There shall be no discrepancy between the information broadcasted on the Platform and the corresponding registered information;
7.There shall be no violation of other rules or requirements applicable to live streaming on the Platform.
B. For Participating Audience
1.There shall be no infringement on the rights and interests of any third party including but not limited to divulging others' information, improperly using others' rights or harassing others;
2.There shall be no disruption to the order and operation of the Platform.
Article 6 – Special Management Rules
1. In the event where any Broadcaster and/or content published by the Broadcaster is exposed by any news media, or subject to any notification of and/or request for investigation by any regulatory authority, the Platform may, depending on the severity of the circumstances, take any actions and/or adopt any measures as it may deem appropriate including but not limited to restricting any such content, cutting off the live stream, deleting illegal content, restricting the publication of any content or terminating contract(s) with Broadcasters.
2.In the event where any Broadcaster is discovered to have published any information that (a) may violate public order and customs; (b) may violate any rules of the Alibaba.com Website, including but not limited to, the General Rules, these Rules and/or the Interactive Information Rules; (c) involves any acts or content which may not be covered in these Rules but are (i) in violation of any prevailing and applicable laws and regulations (whether customary or written); (ii) generally unacceptable by the general public; (iii) solely deemed by the Platform to have infringed (or potentially infringe): (A) upon the interests of the Platform and/or its Users; or (B) any rules what may be critical and necessary to be regulated but may not have been covered by these Rules or any rules on the Alibaba.com Website, the Platform may in its sole discretion, depending on the severity of the circumstances, take any actions and/or adopt any measures as it may deem appropriate, including but not limited to, restricting any content, cutting off the live stream, deleting illegal content, restricting the publication of any content and/or terminating contract(s) with Broadcasters.
Article 7 – Enforcement Action
1.For Broadcasters: In the event that a Broadcaster is discovered to have violated any of these Rules, the Platform may take any actions and/or adopt any measures as it may deem appropriate including but not limited to issuing warnings, cutting off the live stream, deleting live streaming content, freezing permission to live stream, restricting access and/or terminating accounts.
2.Participating Audience: In the event that any Participating Audience is discovered to have violated any of these Rules, the Platform may take any actions and/or adopt any measures as it may deem appropriate, including but not limited to, deleting illegal information, suspending or turning off any live streaming comment function.
3.Any violation involving products or transactions during a live streaming session on the Platform will be handled in accordance with relevant rules of the Alibaba.com Website.
4.In the event where any act of violation by any Broadcaster or Participating Audience is deemed by the Platform to be serious, the Platform shall, depending on the circumstances, reserve its rights to take more stringent action(s) against them, including but not limited to, restricting the relevant accounts from participating in any existing and/or future marketing campaigns, shutting down relevant product functions or accounts.
For further details, please refer to Appendix I for a list of violations during a live stream broadcast and the Platform’s corresponding measures for handling such violations. For the avoidance of doubt, the list contained in Appendix I may be updated from time to time by the Platform.
Article 8 - Termination
The Platform shall reserve the right to terminate the relevant live streaming agreement entered into between any Broadcaster and the Platform without liability in any of the following circumstances:
1.The Broadcaster does not satisfy or is discovered to be no longer satisfying the admission criteria stipulated in Article 3 hereof;
2.The Broadcaster is discovered to have acted in violation of any of the circumstances set forth in Appendix I;
3.The Broadcaster is discovered to have violated any applicable laws and regulations;
4.The Broadcaster has failed to comply with these Rules (or any part thereof).
Article 9 - Re-admission onto the Platform
1.In the event of termination under Articles 8(1) and (4), the Broadcaster may submit an application for re-admission onto the Platform for consideration;
2.In the event of termination under Article 8(2), the Broadcaster may submit an application for re-admission onto the Platform. The Platform will review and determine such application at its sole discretion subject to the Broadcaster’s compliance with any pre-conditions as may be determined by the Platform.
3.In the event of termination under Article 8(3), no application for re-admission will be accepted.
Article 10 - Effective Date
These Rules are effective from July 23, 2020.
Article 11 - Amendments
The Platform reserves the right to amend these Rules due to amendments to laws and regulations, changes in business environment or other reasons and will announce the same. The amended version of these Rules will come into force as of the date specified in the announcement.
Article 12 - Final Interpretation
The Platform reserves the rights of final interpretation and decision and all relevant rights hereof.
Article 13 - Inconsistency
In the event of inconsistency, ambiguity or conflict between the Chinese and the non-Chinese version of these Rules, the Chinese version shall prevail.
Appendix 1
Type of Violation |
Category |
Description |
Measures for Handling Violations |
Publishing of prohibited or sensitive information |
Publishing of illegal information |
“Sensitive information” refers to information that jeopardizes national and social security according to applicable laws and regulations, including but not limited to information which: |
1. Issue warnings and cut off live stream 3. Freeze permission to live stream and/or restrict access for 180 days |
Publishing of obscene and/or pornographic content |
“Obscene and/or pornographic content” includes but is not limited to: 3. Audio recordings or texts that are pornographic, erotic, sexually suggestive, or may cause others to feel the same; |
1. Issue warnings and cut off live stream |
|
Information prohibited by other live streaming platforms |
Information that is prohibited by other live streaming platforms includes but is not limited to: |
1. Issue warnings and cut off live stream |
|
Spamming |
Publishing fake information |
The published promotional content must be accurate, true and not misleading (including but not limited to product parameters, descriptions, attributes, etc.), and no false or exaggerated promotions are permitted. These include but is not limited to: |
1. Issue warnings and cut off live stream |
Falsifying campaign information |
Packaging or impersonating official websites or other live streaming platforms, etc. to publish campaign information. |
||
Spamming |
This includes but is not limited to sending advertising or spam content to others which include non-human means such as machines or software. |
||
Behavior that easily leads to transaction risks |
Inducing offline transactions |
Directly or indirectly inducing Users to conduct offline transactions (including but not limited to transfers through third-party platform accounts, Alipay, or bank card). |
First offense: 1. Issue warnings and cut off live stream 3. Freeze permission to live stream and/or restrict access for 90 days
|
Publishing external website information or products |
Including but not limited to publishing names, hyperlinks, QR codes, logos, contact accounts, and other information of external websites or apps such as social media, shopping guides, group purchases, promotions, shopping platforms, etc. |
||
Illegal promotions |
Illegal promotions of counterfeit products |
Broadcaster promotes products that are or suspected to be counterfeit or pirated products, or providing the means to selling counterfeit or pirated products. |
First offense: |
Second offense: |
|||
Other illegal promotions |
Including but not limited to charging Users privately through unofficial channels in private. |
1. Issue warnings and cut off live stream |
|
Breach of promise |
Breach of promise |
Including but not limited to: |
1. Issue warnings and cut off live stream |
Disrupting Platform order |
Disrupting Platform order |
1. Faking or manipulating live stream related data such as “likes”, comments, and shares (such data including but not limited the number of fans or audience members or data relating to the success or results of the promotion) by way of click farming, hyping or other means etc.; |
First offense: |
Second offense: |
|||
Leaking of other's information |
Leaking of other's information |
Leaking of others’ information includes but is not limited to:
|
1. Issue warnings and cut off live stream 3. Freeze permission to live stream and/or restrict access for 90 days |
Improper use of the rights of others |
Improper use of the rights and information of others |
Improper use of others’ rights and information includes but is not limited to: |
First offense: |
Second offense: |
|||
Harassment |
Harassing others |
Harassing others Includes but is not limited to: |
First offense: |
Second offense: |
|||
Discrepancy between live stream information and registration information |
Discrepancy between live stream information and registration information |
Discrepancy between live stream information and registration information includes but is not limited to: 3. Using a language that is not prescribed officially repeatedly during live stream broadcast; 5. Other violations during a Broadcaster's live stream session (including but not limited to failure to go live due to an extended adjustment or engaging in casual chat which has no obvious nexus with the products promoted.
|
First offense: |
Second offense: |