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Rules for Enforcement Action against Non-compliance on Alibaba.com

I. Principles and Standards of Imposing Enforcement Action against Users’ Non-compliance on Alibaba.com

1. Principles of Disciplinary Action against Non-compliance

Alibaba.com has the right to determine its sole discretion the conduct of users in accordance with applicable rules and regulations, and impose enforcement action accordingly. As for other acts of non-compliance not covered herein that damage the interests of other users or Alibaba.com, Alibaba.com may impose enforcement action in light of the circumstances, and supplement these Rules in a timely manner. Relevant enforcement action imposed by Alibaba.com in accordance with these Rules does not exempt users from any indemnity or other liabilities that should be assumed by such users under applicable laws, regulations, other Relevant Rules and relevant service agreements with Alibaba.com.

2. Standards of Enforcement Action against Non-compliance on Alibaba.com

Enforcement action against acts of non-compliance by users on Alibaba.com is determined by adopting a points-based system, i.e., there are certain penalty points corresponding to various user acts of non-compliance and enforcement action will be imposed accordingly when the accumulative penalty points reach a certain level. Unless otherwise specified, penalty points incurred across Alibaba.com will be recorded in an integrated system and calculated for penalty purposes. Alibaba.com is not restricted in deciding how to impose enforcement action against users merely based on penalty points.

Standards of points-based enforcement action against non-compliance on Alibaba.com are set forth in the table below:

Penalty points cumulatively incurred

Enforcement actions

Remarks

6 points

Issuance of severe warning

Email notification

12 points

Blocking of search results and mini-site for 7 days

Email notification and automatic enforcement of penalty by system

24 points

Blocking of search results and mini-site for 14 days

36 points

Blocking of search results and mini-site for 21 days

48 points

Termination of membership

Not applicable

Note:

a)    In case of extremely serious non-compliance, Alibaba.com has the right to immediately terminate the agreement unilaterally and close the account without refunding service fees for the remaining period, and also has the right to announce the same on Alibaba.com and/or other media, impose associated penalties and/or permanent refusal of cooperation and other enforcement actions. 

b)   Where the cumulative penalty points of a user reach 24 points or above, Alibaba.com has the right to refuse or restrict such user’s participation in various promotions and marketing activities on Alibaba.com or to use the products/services. 

c)     Points are cumulatively calculated on a yearly basis, which means that all penalty points are on record for a 365-day period, except where enforcement action of closing the account has been imposed.

 

And Standards of Serious infringement of Intellectual Property Right are as below:

Cumulative number of infringement complaints

Penalty

First infringement complained by a rights holder based on an intellectual property.  All complaints shall be counted as the first infringement within the first five days regardless of the number of complaints.

Warning

Second infringement complained by an identical rights holder based on an identical intellectual property.

Blocking of search results and mini-site for 7 days.

Third infringement complained by an identical rights holder based on an identical intellectual property.

a)     Blocking of search results and mini-site for 14 days, or

b)    Account termination (applicable where the member has been complained by an identical rights holder based on an identical intellectual property)

Fourth infringement complained by an identical rights holder based on an identical intellectual property.

Account termination

Notes:

1.    The term “complaint” here refers to “successful complaint”, including situations where no counter notice is raised by the member within the specified time limit or where any counter notice raised is not successful.

2.    Every time a member has received a complaint shall be required to pass the Intellectual Property Rights Tutorial.

3.    Multiple complaints based on a single intellectual property within a day shall be counted as one serious infringement.  The relevant time shall be the time when a complaint is processed.

4.    The number of serious infringements shall be recorded on a rolling basis for a 365-day period.

5.    Alibaba.com reserves the right to terminate service agreement unilaterally and to terminate membership account should a member is found committed in extremely serious infringement.

 

II. Detailed Rules on Penalty Points Incurred for Non-compliance of Users on Alibaba.com

1. Non-compliance in Posting Information

Where a user posts any information in violation of the posting rules, Alibaba.com has the right to reject/delete the non-compliant information and take corresponding enforcement actions, including but not limited to, accumulating penalty points for non-compliance, refusing to allow the user to participate in various activities or use of various services on Alibaba.com, restricting the user’s access to their account and closing the account, etc.

1.1 Enforcement action against displaying prohibited and controlled items: Where a user posts any relevant information in violation of rules on displaying prohibited and controlled items, Alibaba.com has the right to impose enforcement action against such non-compliance in accordance with the Enforcement Actions for Displaying Prohibited and Controlled Items. (Click here for detailed rules on penalty points incurred against displaying prohibited and controlled items)

1.2 Enforcement action against intellectual property right infringement: Where a user posts any information containing others’ intellectual property rights, Alibaba.com has the right to impose enforcement action against the same in accordance with the Enforcement Actions for Intellectual Property Right Infringement Claims. (Click here for detailed rules on penalty points incurred against intellectual property right infringement)

2. Enforcement Action against non-compliance of Transactions

Where a user violates transaction-related rules on Alibaba.com, Alibaba.com has the right to impose enforcement action against such non-compliance in accordance with the Rules for Enforcement Action against Non-Compliance of Transactions on Alibaba.com  (Click here for detailed rules on penalty points incurred against transaction disputes)

In addition to the above, where a user commits other acts that violate Relevant Rules on Alibaba.com or damage the rights and interests of other users or Alibaba.com, Alibaba.com has the right to impose relevant enforcement action depending on the circumstances.

In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version will always prevail.

 
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