Service Provider (or "your company"): It refers to the legal person or other economic organization which has the right to promote Tianjin Kuai You promotion sercices to its clients, verified and agreed by Tianjin Kuai You.
Clients: It refers to the subjects that promote the products and services to users through Tianjin Kuai You platform.
The clients of the service provider: It refers to the clients who have the needs to use the promotion services from Tianjin Kuai You introduced by the service provider, collectively referred to as "clients".
Traffic supplier: It refers to the operator of the media or products such as the website, games, applications, software and so on which provide the relevant page and spots for the display of the promotional materials, hereinafter referred to as "traffic party".
Promotional materials: It refers to the contents of products and services produced by the clients or licensed to sell by the clients, independently designed and made by the clients, or designed and made by others authorized by the clients so as to display clients' brands, including but not limited to pictures, text, video, flash, et cetera. The promotional materials include the landing page.
Landing page: It refers to the carrier pointed by the promotional materials, that is, the page that appears in response to users' clicking on the promotional materials or the redirected page.
Promoted objects: It refers to the directly or indirectly promoted brand, products, services and so on by the clients through promotional materials, including but not limited to the direct pointed website and the products and services such as applications, games, actual items and so on, as well as the pointed website redirected by the landing page and the products and services such as applications, games, actual items and so on.
Promotion service fee: It refers to the fees arising from the clients' use of Tianjin Kuai You promotion services. The charging methods include but not limit to CPA (cost per action, such as activation or registration), CPC (cost per click), CPM (cost per thousand views) and so on, which are subject to the detailed contents provided by Tianjin Kuai You. Clients can choose the specific charging methods according to their own needs.
Tianjin Kuai You promotion service rules: It refers to the agreements and rules related to the use of the promotion services from Tianjin Kuai You, as well as the agreements, rules, standards and so on related to the promotion services of Tianjin Kuai You that might be released in the future, collectively referred to as "Tianjin Kuai You promotion service rules".
Service provider management standards: It refers to the agreements and rules used to standardize the client services provided by the service provider, marketing, the use of the services and other relevant conducts, as well as the agreements, rules, standards and so on related to the service provider which might be released in the future, collectively referred to as "service provider management standards". The relevant contents may be released in different forms such as written documents, notices, FAQ, et cetera, and the service provider should abide by these contents.
Your company warrants that it is a legitimate business entity established in accordance with the laws, has obtained the legal qualification authentication, has the right and ability to sign and perform the agreement and abide by the promotion service rules of Tianjin Kuai You and the service provider management standards. Your company should provide the relevant identification documents ( all documents should be sealed or signed) according to the service provider management standards. Tianjin Kuai You has the right to verify the documents provided by your company.
According to its own operation and arrangement or laws and regulations or the requirements of policies, Tianjin Kuai You has the right to unilaterally make adjustment and revision of the Tianjin Kuai You promotion service rules and the service provider management standards at any time, including but not limited to the making of Tianjin Kuai You's own operation strategy and the adjustment of the subject access types( such as natural persons, legal persons, et cetera), the promotional material verification rules, the qualification verification scope, and the charge or waiver of a certain amount or proportion of deposit for the specific industry.
Your company should be responsible for verifying independently whether the qualifications, promoted product materials, promoted objects submitted by the clients are in compliance with laws and regulations and meet the requirements of the agreement. The clients voluntarily use the promotion services from Tianjin Kuai You and abide by the promotion service rules made by Tianjin Kuai You. Tianjin Kuai You does not make any commitment about the page views, sales and so on after your company’s use and the clients’ use of the promotion services from Tianjin Kuai You.
Your company should open independent sub acconts for each client. After your company obtains the authorization from the clients, your company can provide promotion services through the sub accounts of the clients on its own.
Your company should abide by the relevant laws and regulations, and ensure that the promotional materials and promoted objects provided by the clients are in compliance with the promotion service rules of Tianjin Kuai You as well as relevant laws and regulations, and shall not carry out the acts, including but not limited to the following acts, nor facilitate the following acts:
Tianjin Kuai You has the right to send the service provider the information about promotinal activities, rebate policies, notifications and so on, which are related to Tianjin Kuai You promotion services or the agreement through one or multiple ways such as email, Tianjin Kuai You self service system, internal message or help center announcement, et cetera. The service provider should check the related contents timely.
The valid period of the agreement is from the date of signature of the agreement to the termination of the services provided by Tianjin Kuai You to your company.
If your company has any balance remaining in the Tianjin Kuai You platform account, your company can apply for a refund of part of the remaining balance in the Tianjin Kuai You platform account. However, the following conditions must be met:
Within 60 working days after receiving the complete and valid invoice returned by your company, Tianjin Kuai You will reissue the invoice according to the actual consumption amount of your company and make refund for the remaining amount of the cash portion of Tianjin Kuai You platform account.
Tianjin Kuai You will make the rebate in the form of virtual money. Tianjin Kuai You has the right to independently make or adjust different rebate policies according to the needs of business development of Tianjin Kuai You. The rebate policy making and adjustment should be based on the latest announcement from Tianjin Kuai You. The new rebate policy is binding upon your company as soon as the notice is given, and your company should abide by it.
If your company is behind in your payment or has any act that violates the agreement, Tianjin Kuai You has the right to suspend or terminate the rebate policy. If the violation is severe, Tianjin Kuai You has the right to take back the rebates that have been given.
Your company should arrange a particular person to take care of the promotion business on Tianjin Kuai You platform, explore the market through marketing activities, product promotion and other positive and active ways, and maintain the corporate image and brand image of Tianjin Kuai You, based on the priciples of good faith and mutual benefit.Your company should develop customers as the authorized service provider of Tianjin Kuai You. Your company shall not solicit clients through any improper means, including but not limited to direct plagiarism, pretending as the official webiste of Tianjin Kuai You to mislead the third party to believe that the website operated by your company is the official website of Tianjin Kuai You, or making the third party confused among the website of your company or system and the official webiste or system of Tianjin Kuai You, and so on.
Your company should take good care of the service provider account and the password, and be resposible for all actions and results under the this account. Any operation performed through the service provider account shall be deemed as the operation from your company and your company shall bear full responsibility.
Your company shall, in accordance with the law, negotiate with the clients about all the matters related to the use of promotion services from Tianjin Kuai You such as collecting the fee, advertising placement, issuing the invoice, refund and so on, and sign the agreement with the clients and perform relevant agreements in the name of your own company. However, without the written consent from Tianjin Kuai You, you company shall not set the terms or commitments relevant to Tianjin Kuai You in any form.
After opening the sub account for the client, your company should immediately inform the client about sub account number and the initial password in an effective way and prompt the client to bear the responsiblity of taking care of the sub account and the password. Any action performed by the client's sub account shall be deemed as the action from the client or the action from your company, and the client or your company shall bear full responsibility. Tianjin Kuai You will bear no responsibility or compensation arising from password leak and so on.
Your company is responsible to ensure the authenticity, legality and validity of the client's promotional materials and promoted objects, and ensure that they are in compliance with the Advertisement Law of the People's Republic of China and meet the requirements of other relevant laws and regulations (including but not limited to any relevant laws and regulations of the country or region where the products are actually promoted or displayed), and meet the requirements of the promotion service rules of Tianjin Kuai You, and ensure that they do not infringe the legitimate rights and interests of other people, including but not limited to:
The landing page contents of the promotional materials should be closely linked with the promotional materials, and the actual contents displayed on the landing page should be consistent with the submitted contents for review, including but not limited to:
Your company should ensure that the promotional materials or promoted objects shall not contain any act that will do harm to network security or the interests of others, including but not limited to:
Any controversy or dispute arising from the promotional materials or promotion targets shall be resolved and undertaken by your company solely and exclusively, including but not limited to your company urging the client who violates laws or regulations to appear personally or your company acting in your own name, to negotiate with the third party or respond to the lawsuit or accept the investigation from competent authorities, and bear all costs and compensate for losses, and so on. Your company shall compensate for any loss to Tianjin Kuai You, traffic provider or other parties arising therefrom( including but not limited to user complaints, administrative penalties, et cetera).
Tianjin Kuai You provides the technical support or data and instructions related to the promotion services of Tianjin Kuai You, and is responsible for running and maintaining Tianjin Kuai You platform system. In order to improve the promotion services from Tianjin Kuai You, Tianjin Kuai You will adjust and improve the function of the promotion services of Tianjin Kuai You. The adjustment of the specific service name, function and domain name of Tianjin Kuai You does not affect the effectiveness of this agreement.
Tianjin Kuai You has the right to verify the qualification materials of your company and clients as well as the promotional materials, but this does not mean to alleviate your company's responsibility to ensure the authenticity and legitimacy of the suject qualification, business qualification and the promotional materials of your company and the clients. Your company should bear all the responsibilities and consequences arising therefrom on its own.
If the promotional materials or the promoted objects are investigated by the competent authorities or are complained by the third party, or your company or clients are in violation of laws, regulations or the provisions of this agreement (including but not limited to overdue payments, et cetera), according to the breach situation of your company or clients, Tianjin Kuai You has the right to independently decide to adopt one or more of the following measures:
Tianjin Kuai You should adopt relevant measures according to the agreement (including but not limited to suspending the services, terminating the placement of the promotional materials, deducting fees, et cetera), which shall not deemed as the breach by Tianjin Kuai You. Your company should independently bear the losses arising therefrom.
If your company or the clients are investigated by the competent authorities or receive complaints from others, and your company cannot properly resolve the dispute within 3 working days, Tianjin Kuai You has the right to take other measures according to this agreement. Meanwhile, Tianjin Kuai You has the right to maintain the legal rights and interests of the complainant and decide independently to prepay the fees used to deal with the dispute and compensate for losses. Tianjin Kuai You has the right to directly deduct the related fees from the service provider account of your company or the sub account of the breaching client, or ask your company for compensation separately.
If your company or the clients are investigated by the competent authorities or receive complaints from others, or your company and the clients lodge complaints to others, Tianjin Kuai You has the right to provide the related party's subject informaton, contact informaiton, contents related to the complaints and other necessary information (including but not limited to names, phone numbers, licenses, et cetera) to the relevant parties or competent authorities in order to resolve the dispute in time and protect the legitimate rights and interests of all parties.
If Tianjin Kuai You violates this agreement (including but not limited to the omission and shortage of placement of the promotional materials due to the mistakes of Tianjin Kuai You), Tianjin Kuai You should make up for the placement according to the principle of one to one. If your company thinks that there is no need for making up for the placement, or it has caused losses to your company, the maximum amount of compensation from Tianjin Kuai You is the corresponding bid price of the promotional materials of your company.
Tianjin Kuai You has the right to transfer part or all of the rights and obligations under this agreement to the affiliated companies of Tianjin Kuai You according to the business needs.
Both parties have provided or diclosed, or will provide or disclose certain confidential information for the purposes of this agreement. Confidential information refers to unpublicized information (including but not limited to user complaint handling solution, violation handling solution, lawsuit situation, et cetera), news, data and information held by one party of this agreement related to its business, operation, technology, rights and other relevant matters. The party disclosing the information is referred to as "the disclosing party", while the party receiving the information is referred to as "the receiving party".
Unless provided in this agreement, without the written consent of the disclosing party, the receiving party shall not use the confidential information for the its own business or other purposes, or disclose any confidential information of the disclosing party to any third party. Both parties should ensure that their employees shall fulfill the above mentioned obligations.
The confidentiality obligations do not apply to the following situations:
The confidentiality obligations shall not be invalidated because of the cancellation, termination or revocation of the agreement.
Any party that is prevented from fulfilling part or all of its obligations under this agreement by Force Majeure shall not be responsible for the breach. However, the party suffering from Force Majeure event should notify the other party in written form immediately about the event and should provide the valid proof within 5 working days. Both parties should negotiate about whether to continue to fulfill the agreement or terminate the agreement according to the infuences on the fulfillment of the agreement caused by the event.
In view of the special nature of the Internet, Tianjin Kuai You shall be exempted from liablities arising from but not limted to the following circumstances that affect the normal operation of Tianjin Kuai You:
Both parties are clear and willing to strictly abide by the Anti Commericial Bribery Law of the People's Republic of China, and both parties are aware that any form of bribery will violate the law, and will be severely punished by the law.
Any party shall not solicit, accept, offer or give any benefit from/to the other party or the transactor of the other party or other relevant persons outside the agreement, including but not limited to commission, unwritten commission, cash, shopping card, actual item, securities, tourism and other non-material interests, et cetera. The term "other relevant persons" under this article refers to the persons who have a direct or indirect interest in this agreement apart from the transactors of both parties, including but not limited to the relatives and friends of the transactors.
Tianjin Kuai You strictly forbids its staff to carry out any commercial bribery acts (including offering bribes and accepting bribes) . Other parties to the agreement and its staff have the right to report to the Tianjin Kuai You of the violations. The reporting email address of Tianjin Kuai You: firstname.lastname@example.org.
If the cooperation between both parties is terminated because your company breaches the agreemnt, Tianjin Kuai You has the right to deduct all remaining advances from your company as liquidated damages. If the balance of the advances from your company is not sufficient to compensate for the losses to Tianjin Kuai You, your company shall make the compensation separately.
The agreement shall be terminated automatically if the following circumstances occur:
Tianjin Kuai You has the right to terminate the agreement unilaterally, but should notify your company in writing in advance. Tianjin Kuai You shall not be responsible for the breach of the agreement for earlier termination of the agreement according the terms of the agreement.
After the agreement is terminated, your company should immediately stop using the brand and logo of Tianjin Kuai You in any way, and shall not deveop business activities in the name of service provider of Tianjin Kuai You and so on.
Regardless of the reasons for the termination or cancellation of this agreement, Tianjin Kuai You will, according to the circumstances, continue to provide services to the client through other means until the balance of the advance payment of the client is 0; other ways including but not limited to the direct management from Tianjin Kuai You, rearranging the service provider for the client, et cetera.
The earlier termination of the agreement does not affect the accrued rights and obligations according to the agreement before the date of termination of the agreement.
The laws of the People's Republic of China (except for the purposes of this agreement, excluding the Hong Kong and Macao Special Administrative Regions and Taiwan) shall be applicable to all matters such as the making, performance, modification, termination and cancellation of this agreement (excluding conflict law).
Both parties should first try to solve any dispute between both parties through friendly negotiation. If both parties cannot solve the dispute through negotiation, both parties agree to let the people's court at the domicile of Tianjin Kuai You handle the dispute.
The annex attached to this agreement at the time of signing includes:
If your company clicks "Registration" while operating on the backend system of Tianjin Kuai You, or accept the services from Tianjin Kuai You, it means that your company fully accept all the terms of this agreement as well as other relevant regulations made by Tianjin Kuai You and this agreement will come into effect.