AliExpress Affiliate Program Advertising Rules and Policies
Updated: September 2015
These AliExpress Affiliate Network Program Advertising Rules and Policies (the “Rules”) sets out the specific restrictions, conduct rules, rights and obligations for Participants (as defined below) on the use of the AliExpress Affiliates Portal (URL: http://portals.aliexpress.com, the “Site”) and its ancillary advertising services pursuant to the AliExpress Affiliated Network Program Service Agreement (the “Advertising Agreement”) entered into by and between Participants and Alibaba.com Singapore E-Commerce Private Limited (“AliExpress”). By using the Site and performing the services under the Advertising Agreement, you acknowledge and agree to abide by the Rules. AliExpress reserves the right to modify any and all terms and conditions of these Rules without prior notification to you. The amended Rules will take effect upon publication on the Site. You shall immediately cease to use the Site if you disagree with the amended Rules. Your continued use of the Site after the publication of the amended Rules shall be deemed as your agreement and acceptance of the amended Rules.
1.Wherever used in these Rules, unless the context otherwise requires, capitalized terms used in these Rules shall have the following meaning:
a.“Participant” or “you” means any Network or Publisher that had entered into an Advertising Agreement with AliExpress and had either
i) registered to become a member of the Site or
ii) have been otherwise approved by AliExpress to use the Site through other approval mechanisms;
b.“Advertiser” means registered members of the AliExpress.com International Platform that have subscribed for the affiliate network advertising services and/or other advertising services of the AliExpress.com International Platform;
c.“Advertising Channels” means the channel, medium, or source used by Participant to perform its advertising services pursuant to the Advertising Agreement;
d.“AliExpress.com International Platform” means the website with the URL: https://www.aliexpress.com operated by Alibaba.com Hong Kong Limited and its affiliated companies;
e.“Alibaba Group Brands” means any and all intellectual property rights owned by Alibaba Group Holding Limited or its affiliates, including but not limited to the following trademarks: “ali”, “AliExpress”, “tao”, “tmall.com”, “etao”, “juhuasuan”, “aliexpress”, and etc.;
f.“Network” means any Participant which controls or manages a number of Advertising Channels (including but not limited to different websites) and have entered into an Advertising Agreement with AliExpress; and
g.“Publisher” means any Participant which controls or manages one Advertising Channel or website and had entered into an Advertising Agreement with AliExpress.
B. Participants Obligations
2. Participants shall ensure that all necessary corporate power, authority, or authorizations for using the Site for and on behalf of their company have been obtained prior to the use of the Site.
3.Participants shall abide by any and all applicable laws and regulations in any applicable jurisdiction when using the Site.
4.Unless otherwise agreed by AliExpress in writing, Participants shall not, directly or indirectly, claim any right to the ownership of or use any Alibaba Group Brands or domains owned by AliExpress and its affiliates.
5.Participants shall refrain from using any disputable, unlawful, or misleading name or domain name (including but not limited to company names of Advertisers, domain names already used by other Participants, and etc.) in their advertisements or Advertising Channels. In particular, the name or domain name of Participants shall not:
a.Contain any of the Alibaba Group Brands without AliExpress’ written consent;
b.Contain any content that is likely to confuse or mislead others into forming any untrue association with other Participants, AliExpress, and/or its affiliates. Examples:
i.Using URLs that are similar to those owned by AliExpress or its affiliates (e.g. original URL: http://s.aliexpress.com; imitated URL: http://s-aliexpres.com);
ii.Using URLs that are intended to imitate or impersonate any service, operating category, or department of the AliExpress.com International Platform (e.g. http://aliexpressservice.com;
c.Contain any content that misrepresents their affiliation or relationship with AliExpress, its affiliates, and/or its senior management;
d.Contain any content that is defamatory or libelous to AliExpress, its affiliates, or any of its senior management;
e.Contain any content that infringes the legitimate rights, including but not limited to intellectual property rights, of others;
f.Contain any content that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
g.Contain any content in any manner that violates any applicable laws and regulations in any applicable jurisdiction; and
h.Contain any content that will likely cause any damage to AliExpress, its affiliates, and the AliExpress.com International Platform.
C. Contents of Advertising Materials
6.The advertising materials (including but not limited to name cards, posters, pamphlets, forums, blogs, emails, and etc.) of Participants shall not include any of the following:
a.Any unauthorized use of Alibaba Group Brands;
b.Any content that misrepresents or creates any untrue relationship or affiliation with AliExpress, its affiliates, and/or its senior management;
c.Any content that is defamatory or libelous;
d.Any unlawful content in any applicable jurisdiction;
e.Any content that promotes, encourages or aids and abets unlawful activities;
f.Any content that is discriminatory or promotes discriminations based on race, sex, religion, nationality, disability, sexual orientation or age;
g.Any pornographic or obscene materials, including but not limited contents that depict the exploitation of minors, bestiality, rape sex, incest, or sex with graphic violence or degradation;
h.any content that relates to gambling or casino related materials;
i.any content that provides information on “how to” engage in computer hacking or unauthorized access of computer networks;
j.any content that relates to the sale of drugs or other restricted or controlled substances (including all drugs listed in Schedule I, II, III, IV, or V of the Uniform Controlled Substances Act of the United States, 21 U.S.C. 801 et seq.);
k.any content that specifically relates to the sale of prescription drugs;
l.any content that relates to the sale of tobacco products, including but not limited to cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, and tobacco leaf;
m.any content that relates to the sale or offering for purchase of any firearms, ammunitions, military ordnance, weapons (including explosive weapons), and/or any related parts or accessories;
n.any content that infringes the legitimate intellectual property rights of others;
o.any information that unlawfully discloses the business secrets of others;
p.any content that is stolen or misappropriated from other websites; or
q.any content that is misleading or fraudulent.
D. Contents of Advertising Channels
7.The Advertising Channels of Participants shall not include any advertisement that violates clause 6 of these Rules.
8.If the Advertising Channel of Participants contains any content containing any word or image with any Alibaba Group Brand (with AliExpress’s prior consent), then the Advertising Channel shall contain links which direct visitors to the AliExpress.com International Platform or to any other designated page of AliExpress or its affiliates;
9.The Advertising Channel of Participants shall not contain any information, tools, or methods that allow, enable, teach, advises, or in any way directly or indirectly assist visitors to bypass any and all of the rules or regulations of the Site. Examples of such information, methods or tools include, but are not limited to, revising source codes, providing hacking software, providing hacking information, and etc.
10.Participants shall not engage in any of the following conduct:
a.Using any form of resources exchange (e.g. using any reward or benefit to induce visitors into performing certain actions) to advertise;
b.Requiring visitors of the Advertising Channel (whether or not such visitors have the intention to) to register, purchase or use any products or services of Participants when the visitors click into Participant’s advertisements;
c.Using any programs, scripts, or other forms to directly or indirectly generate any abnormal viewing, clicking, or enquiry of its advertisements;
d.Using any bad-faith, malicious, or improper method, including but not limited to using viruses, fictitious webpage, hi-jacked browsers or URLs, hijacking the front page of the AliExpress.com International Platform, modifying information or content of registered members of the AliExpress.com International Platform or the Site, using malicious plug-ins or unauthorized software or computer programs, modifying the source code or URL parameters of the AliExpress.com International Platform or the Site, and etc., to advertise.
e.Using any exaggerated, false, or misleading information or content when placing advertisements or links (e.g. using “buy one get one free” to advertise any campaign page of the AliExpress.com International Platform) on its Advertising Channels to induce visitors to click into the advertisement;
f.Engaging in any unlawful activity;
g.Engaging in any activity which causes any damage or liability to AliExpress, its affiliates, or the AliExpress.com International Platform;
h.Engaging in pop-up or pop-under advertisements in any form
i.Engaging in any Search Engine Optimization (SEO) or Search Engine Marketing (SEM) campaigns using any brands of Alibaba Group, including but not limited to alibaba.com, Alibaba Group, Taobao, Tmall, Tmall Global, AliExpress, Alimama, AliCloud, Aliyun, eTao, Juhuasuan, and etc.;
j.Engaging in any dishonest or fraudulent transactions, whether by yourself or together with your associates (including but not limited friends, relatives, colleagues, and etc.), on the AliExpress International Platform or the Site. Examples of such include, but are not limited to, you or your associates making purchases on the AliExpress International Platform on designated links so that you or your associate may obtain commissions via the AliExpress Affiliate Network Program;
k.If you are a seller on the AliExpress International Platform, you shall not become either a Publisher or a Network in the AliExpress Affiliate Network Program and advertise your own storefront to earn commissions via the AliExpress Affiliate Network Program;
l.Using any incentives as a bait of advertisement for any campaign/promotional pages of the AliExpress International Platform.
F. Penalties for Breach
11.In the event of any breach of these Rules by Participants, AliExpress shall have the right, but not the obligations to, impose any of the following enforcement measures against such members:
a.Giving written warnings;
b.Imposing ratification period for Participants to cure any breach of these Terms;
c.Withholding any payment payable to Participants pursuant to the Advertising Agreement;
d.Deducting any relevant amount from Participant’s account with the Site for breach of these Rules to compensate any damage or loss suffered by AliExpress as a result of the breach;
e.Terminating their account with the Site;
f.Restricting and/or ceasing any collaboration with such Participant; or
g.Restricting such Participant from any future membership registration with the Site.
G.Claims and Disputes
12.Any Participant may file a written application to AliExpress to object to any enforcement actions taken by AliExpress. Such written application must be submitted to AliExpress within 5 working days (the “Claim Period”) upon the date the enforcement action is taken by AliExpress. Along with the written application, the Participant must provide sufficient and relevant evidence to support its objection. Upon receipt of the Participant’s application, AliExpress will process the application and provide a written determination of the case to the member within 15 working days. AliExpress reserves the sole and absolute right and discretion to determine whether or not the objection raised by the member is substantiated. AliExpress shall have the full right and absolute discretion on the choice of enforcement action to be taken against the Participant. Furthermore, AliExpress reserves the right to refuse to process any application for objection that is raised after the Claim Period.
13.These Rules shall be governed by and constructed in accordance with the laws of Hong Kong. Any dispute between Participants and AliExpress that arises out of these Rules shall be referred to and resolved by the exclusive jurisdiction of the courts of Hong Kong