DHgate Affiliate Program Agreement
This DHgate Affiliate Program Agreement (the “Agreement”) contains the terms and conditions that govern your participation in the DHgate Affiliate Program (the “Program”). “DHgate” or “Our” means Digitrading Hongkong Limited, a company incorporated under the laws of the People’s Republic of China (“PRC”) and having its registered address at Unit 826, 8/F Ocean CTR, Harbour City 5 Canton RD TST, and KLN Hong Kong. “You”, “your”, “Affiliate/Publisher”, “Publisher” or “Affiliate” means the applicant for the Program. Each of DHgate and Affiliate/Publisher is referred to as a “Party” and collectively as “Parties”.
By checking the box or clicking the “Accept and Continue” button (as applicable), you agree to be bound by the terms and conditions of this Agreement. You acknowledge and agree that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement; and hereby represent and warrant that you are lawfully able to enter into contracts (e.g. you are not a minor) and that you are and will remain in compliance with this Agreement. In addition, if this Agreement is being agreed to by a company or other entity, then the person agreeing to this Agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this Agreement.
1. Definitions
1.1 “DHgate Content” means artworks, graphics, logos, and copies of DHgate Product/Service that are made available by DHgate to Affiliate/Publisher for advertisements on websites or other media controlled by Affiliate/Publisher. DHgate Content excludes any data, images, text, or other information or content relating to products or services offered by any website other than the DHgate Site.
1.2 “DHgate Product/Service” means any item that is offered for sale by sellers on the DHgate Site.
1.3 “DHgate Site” means the website with the URL: https://www.dhgate.com. Including other multi-language sites.
1.4 “Buyer” means a registered user of DHgate Site who will make or has made a purchase of DHgate Product/Service of the DHgate Site.
1.5 “Fraud” means any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions.
1.6 “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
1.7 “Affiliate/Publisher” means an individual or entity that controls a website (including SEM links, SEO links, email links and other traffic sources on the website) whereby the DHgate Product/Services can be advertised through the placing of DHgate Content on the website.
1.8 “Valid Sales” means purchases completed by Buyer on the DHgate Site via Affiliate/Publishers advertisement of DHgate Content. A purchase shall only be deemed to be “completed” by a Buyer if the Buyer has taken the requisite steps required by the DHgate Site for acknowledging transaction completion. For the avoidance of doubt, transactions on the DHgate Site that are refunded by Buyer shall not be deemed as a Valid Sale.
1.9 “DHgate Brands” means any and all intellectual property rights owned by DHgate, including but not limited to the following trademarks: “dhgate”, “DHgate”, “DHgate.com”, “DHGate”, “dhgate.com” and etc.;
2. Affiliate/Publishers shall abide by any and all applicable laws and regulations in any applicable jurisdiction when cooperating with DHgate through SAS affiliate Network. Unless otherwise agreed by DHgate in writing, Affiliate/Publishers shall not, directly or indirectly, claim any right to the ownership of or use any DHgate Brands or domains owned by DHgate.
3. Affiliate/Publishers shall refrain from using any disputable, unlawful, or misleading name or domain name (including but not limited to company names of Advertisers, and etc.) in their advertisements or Advertising Channels. In particular, the name or domain name of Affiliate/Publishers shall not:
a. Contain any of the DHgate Brands without DHgate’ written consent;
b. Contain any content that is likely to confuse or mislead others into forming any untrue association with DHgate, Examples: using URLs that are similar to those owned by DHgate (e.g. original URL: https://www.dhgate.com/);
c. Contain any content that misrepresents their affiliation or relationship with DHgate, its affiliates, and/or its senior management;
d. Contain any content that is defamatory or libelous to DHgate;
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;
h. Contain any content that will likely cause any damage to DHgate, its affiliates,
4. Contents of Advertising Materials
The advertising materials (including but not limited to name cards, posters, pamphlets, forums, blogs, emails, and etc.) of Affiliate/Publishers shall not include any of the following:
a. Any unauthorized use of DHgate Brands;
b. Any content that misrepresents or creates any untrue relationship or affiliation with DHgate, 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 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.
5. Contents of Advertising Channels
5.1. The Advertising Channels of Affiliate/Publishers shall not include any advertisement that violates clause 4 of this Agreement
5.2. If the Advertising Channel of Affiliate/Publishers contains any content containing any word or image with any DHgate Brand (with DHgate’s prior consent), then the Advertising Channel shall contain links which direct visitors to the DHgate.com or to any other designated page of DHgate or its affiliates;
5.3. The Advertising Channel of Affiliate/Publishers 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 DHgate Affiliate Program. Examples of such information, methods or tools include, but are not limited to, revising source codes, providing hacking software, providing hacking information, and etc.
6. Restricted Behaviors
Affiliate/Publishers shall not engage in any of the following conduct:
a. busing 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 Affiliate/Publishers when the visitors click into Affiliate/Publisher’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 DHgate.com, modifying information or content of registered members of the DHgate.com, using malicious plug-ins or unauthorized software or computer programs, modifying the source code or URL parameters of the DHgate.com, and etc., to advertise.
e. Using any exaggerated, false, or misleading information or content when placing advertisements or links 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 DHgate, its affiliates, or the DHgate.com;
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 DHgate, including but not limited to “dhgate”, “DHgate”, “DHgate.com”, “DHGate”, “dhgate.com”, and etc.;
j. If you are a seller on the DHgate, you shall not become either a Publisher or a Network of DHgate Affiliate Program and advertise your own storefront to earn commissions via the DHgate Affiliate Program;
8. Penalties for Breach
8.1. In the event of any breach of these Rules by Affiliate/Publishers, DHgate 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 Affiliate/Publishers to cure any breach of these Terms;
c. Withholding any payment payable to Affiliate/Publishers pursuant to the Advertising Agreement;
d. Deducting any relevant amount from Affiliate/Publisher’s for breach of these Rules to compensate any damage or loss suffered by DHgate as a result of the breach;
f. Restricting and/or ceasing any collaboration with such Affiliate/Publisher;
g .Restricting such Affiliate/Publisher from any cooperation with DHgate
9. Claims and Disputes
These Rules shall be governed by and constructed in accordance with the laws of the People’s Republic of China (“PRC”). Any dispute between Affiliate/Publishers and DHgate that arises out of these Rules shall be referred to and resolved by the exclusive jurisdiction of the courts of PRC.
