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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. Conflicts with the basic principles of applicable national laws;
2. Jeopardizes national unity, sovereignty, and territorial integrity;
3. Divulges state secrets, jeopardizes state security or damages the honor and interests of the state;
4. Incites ethnic hatred and discrimination, undermines ethnic unity, or infringes upon ethnic customs and practices;
5. Undermines relevant national religious policies or promotes cults and superstitions;
6. Spread rumors, disrupts social order or destroys social stability;
7. Promotes gambling, violence, murder, terror, drug abuse, pyramid schemes, self-abuse or abetting crimes;
8. Incites unlawful assembly, association, procession, demonstration, and gathering to disrupt social order;
9. Contains other content prohibited by applicable laws, administrative regulations, and relevant state regulations.

1. Issue warnings and cut off live stream
2. Delete live stream content

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:
1. Specific depictions of sexual activity or explicit pornographic or obscene content;
2. Images or videos that reveal sexual organs or genitals or private body parts,

3. Audio recordings or texts that are pornographic, erotic, sexually suggestive, or may cause others to feel the same;
4. Publishing vulgar or sexually inappropriate content, such as covering private parts of the human body with small objects, wearing exposed or vulgar clothing such as underwear, exposing the naked torso or naked children, etc.

1. Issue warnings and cut off live stream
2. Delete live stream content
3. Freeze permission to live stream and/or restrict access for 180 days

Information prohibited by other live streaming platforms

Information that is prohibited by other live streaming platforms includes but is not limited to:
1. Publishing news, games, movies, TV series, variety shows, sports events, etc. without permission;
2. Using or disguising the name(s) or image(s) of relevant state agencies or state agency staff during a live stream, or using the name(s) or image(s) of scientific research entities, academic institutions, technology promotion institutions, industry associations, or professionals as a source of recommendation or verification;
3. Adult products, virtual goods, electronic cigarettes, health supplements, financial products, labor services, artwork, etc.;
4. Publishing information that violates mainstream values, public order and good customs, promotes unhealthy ideas and/or lifestyle, causes public discomfort, etc., including but is not limited to:
(a) Smoking, drinking, and other behaviors that could easily cause discomfort to the Participating Audience;
(b) Excessive eating, bloodshed and/or violence, celebrity obsession and hype, speculation, flagrantly flaunting wealth or antisocial behavior, etc.;
5. Duplicating live stream content (for example, multiple accounts streaming the same content simultaneously).

1. Issue warnings and cut off live stream
2. Delete live stream content
3. Freeze permission to live stream and/or restrict access for 180 days

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. The failure to accurately describe the characteristics, quality, parameters, etc. of the promoted products, and the products are only sold in the form of stock-limited offer links, exclusive purchase links, postage links, price links, etc.;
2. The product information expressly states that the product may be returned or exchanged while the Broadcasters declares that the product may not be returned or exchanged;
3. The contents of the promoted products do not match the information described in the product links;
4. Fake offers;
5. Fabricated details;
6. Exaggerated facts: exaggerating the facts in the description to mislead others;
7. Exaggerated promotion: exaggerating published product information and providing false price information, or publishing promotions including false and exaggerated content to wrongly induce buyers;
8. Using superlatives or absolute claims to make false or misleading claims for promotions, including but not limited to the following words: “highest level”, “the entire network”, “the whole country” , “in the world” , “national”, “the best”, “the number 1 brand”, “unprecedented”, “universal”, “bestseller”, “the only one”,  “first choice”, “absolute”, “unique” , never, etc.

1. Issue warnings and cut off live stream
2. Delete live stream content

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
2. Delete live stream content
Second offense:

1. Issue warnings and cut off live stream
2. Delete live stream content

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:
1. Issue warnings and cut off live stream
2. Delete live stream content

Second offense:
1. Issue warnings and cut off live stream
2. Delete live stream content
3. Freeze permission to live stream and/or restrict access for 90 days

Other illegal promotions

Including but not limited to charging Users privately through unofficial channels in private.

1. Issue warnings and cut off live stream
2. Delete live stream content

Breach of promise

Breach of promise

Including but not limited to:
1. Making promises to gifts and other rewards which can be obtained in interactive activities but failing to fulfill such promise;
2. Making promises to participate in Platform activities and withdrawing without permission to do so.

1. Issue warnings and cut off live stream
2. Delete live stream content

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.;
2. Providing false information, including but not limited to providing inaccurate verification materials on to the Platform such as during the application process for admission, campaign registration, or appeals, etc.;
3. Interfering with the normal operation and order of the Platform or seeking benefits illegitimately through other improper means.

First offense:
1. Issue warnings and cut off live stream
2. Delete live stream content

Second offense:
1. Issue warnings and cut off live stream
2. Delete live stream content
3. Freeze permission to live stream and/or restrict access for 90 days

Leaking of other's information

Leaking of other's information

Leaking of others’ information includes but is not limited to:
1. Leaking personal information: leaking or divulging other people's real name, national ID or passport number, phone number, residential address (except those that the User has made public or authorized to be public, and except information that is in the public interests);
2. Leaking of other private information: leaking or divulging information that others do not want to be made public. Such information may include sexual orientation, physical and psychological defects, property status, credit card information, e-consumption cards information, network cards information, Internet accounts and passwords, transaction accounts and passwords, accounts and passwords used for online shopping, IP addresses, traces or activities on the Internet, private life scenes, social relations, etc., except such information that can be legally obtained through publicly available channels, and except information which is in the public interests that is necessary to be public.

 

1. Issue warnings and cut off live stream
2. Delete live stream content

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:
1. The account name, nickname, avatar, picture, etc. used during live stream belongs to another person or entity, identity theft or otherwise infringing upon the legal rights of others;
2. The content published by the Broadcasters is plagiarized or any other acts that infringe upon another persons' legal rights including intellectual property rights.

First offense:
1. Issue warnings and cut off live stream
2. Delete live stream content

Second offense:
1. Issue warnings and cut off live stream
2. Delete live stream content
3. Freeze permission to live stream and/or restrict access for 90 days

Harassment

Harassing others

Harassing others Includes but is not limited to:
1. Insults: hurting others with insulting remarks or offensive behavior;
2. Defamation: deliberately fabricating false information to or otherwise damaging the good reputation of others, slander or libel;
3. Personal attacks: sending repeated and/or similar information with the same request to other Users by means such as forwarding, commenting, @others, seeking followers, etc.

First offense:
1. Issue warnings and cut off live stream
2. Delete live stream content

Second offense:
1. Issue warnings and cut off live stream
2. Delete live stream content
3. Freeze permission to live stream and/or restrict access for 90 days

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:
1. Falsified registration information;
2. Lending Broadcasters account to others;

3. Using a language that is not prescribed officially repeatedly during live stream broadcast;
4. Appearing as someone else instead of the Broadcaster for more than five (5) consecutive minutes during said Broadcaster's live stream session;

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:
1. Issue warnings and cut off live stream
2. Delete live stream content

Second offense:
1. Issue warnings and cut off live stream
2. Delete live stream content
3. Freeze permission to live stream and/or restrict access for 90 days

 

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