AliExpress US 392596

AliExpress US
Overview
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Nome
AliExpress US
Id
392596
Paese
US Stati Uniti
Categorie
Moda, Computer ed Elettronica, Shopping & Retail
Data di inizio
2025-10-21
Sito web
s.click.aliexpress.com

Descrizione breve

AliExpress is a global e-commerce platform made up of small business sellers offering a wide variety of consumer products worldwide. The platform enables consumers from around the world to buy directly from wholesalers and manufacturers in China and have access to a wide variety of products at wholesale prices. AliExpress is a business within Alibaba Group.

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Commissioni segmento generale

Aliexpress_Sale
6,09%
AliExpress Sales
6,09%
AliExpress Marketplace sales
0,80%
Ali Express Mobile Phone Sale
2,61%
Promoted Products
8,00%

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  • Codici Sconto
    No
  • Banner
    No
  • Collegamenti di testo
    Sì
  • HTML personalizzato
    No
  • DeepLinking
    Autorizzato
Durata dei cookie
30 giorni
Keyword policy
Nessuno
Valuta
USD
EPC medio
0,00 USD
Indietro
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Product categories
A wide variety of unique and competitively priced consumer products in more than 20 major product categories.

Advantages of working with AliExpress
  • Free shipping on almost all products
  • Buy directly from wholesalers and manufacturers in China
  • AliExpress has over 100 million products listed on its platform

Commission structure
General Segment
-AliExpress sales: 5%
-Mobile Phone Sale: 2.4%
-Promoted Products: 7.5%

Cookie period
3 days

Claims/Untracked Sales
Not supported. Not possible to enter claims or get commission for untracked sales.

Accepted marketing methods
Partners can promote AliExpress.com via content sites and website reviews that are geared towards small business owners or towards users who are looking to purchase low MOQs (Minimum Order Quantities) or small lots for wholesale. SEM (Search Engine Marketing) is also acceptable (excluding trademarked keywords). All other marketing methods will need to be approved by AliExpress.com in advance.

Restrictions
Commission is valid for in-stock items that result in completed transactions. Affiliates cannot earn commissions on coupons redeemed. Only one discount or coupon per transaction is allowed. In general the remuneration will be only for products where the seller is in the affiliate program of AliExpress

Maximum Commission capping 49$ per product group

Feeds
AliExpress product feeds are available at another program.

Keyword policy
AliExpress has a closed keyword policy and does not allow brand bidding.

AliExpress Affiliate Program Rules and Policies

New version - updated on August 1, 2025

  

 

PLEASE CAREFULLY READ THESE RULES AND POLICIES, ESPECIALLY TERMS RELATING TO COMMISSION, PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. YOUR CONTINIOUS USAGE OF ALIEXPRESS PORTAL AND/OR PROVISION OF ADVERTISING SERVICES ACCORDING TO THE ALIEXPRESS AFFILIATE PROGRAM SERVICE AGREEMENT WILL BE DEEMED AS ACCEPTANCE OF THESE NEW RULES AND POLICIES：

These AliExpress Affiliate Program Rules and Policies (the “Rules”) sets out the specific restrictions, conduct rules, rights and obligations for Participants (as defined below) regarding (a) all access to and/or use of the AliExpress Portal (URL: https://portals.aliexpress.com, the “Site”) and (b) all ancillary advertising services provided to Participants by Alibaba.com Singapore E-Commerce Private Limited, AliExpress Russia Holding Pte. Ltd and ALIEXPRESS KOREA HOLDING (SINGAPORE) PTE. LTD. (collectively “AliExpress”) pursuant to the AliExpress Affiliate Program Service Agreement (the “Advertising Agreement”). By accessing and/or using the Site and/or performing the services pursuant to the Advertising Agreement, you acknowledge and agree to abide by the Rules as well as the Advertising Agreement.
AliExpress reserves the right to modify any and all terms and conditions of these Rules by notifying you in the “Latest News” section of the help center of the Site. You shall immediately cease all use of 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 to and acceptance of the amended Rules.

 

 

  1. Definitions

 

Wherever used in these Rules, unless the context otherwise requires, capitalized terms used in these Rules shall have the following meaning:

 

1.1.        “Action” shall have the following meaning depending on the “Cost per Action” Model prescribed in the relevant Insertion Order:

 

1.1.1.        On a Cost per Sales model: Qualifying Purchase;

 

1.1.2.        on a Cost per Click model: each click on the Participant's advertisement of AliExpress Content, which redirects the viewer to AliExpress Platform.;

 

1.1.3.        on a Cost per Installation model: each successful initial download, opening and installation of the AliExpress's mobile application via the Participant's advertisement of AliExpress Content.;

 

1.1.4.        on a Cost per Activation model: each successful initial download, opening and installation of the AliExpress's mobile application via the Participant's advertisement of AliExpress Content;

 

1.1.5.        on a Cost per Impression model: each time the Participant's advertisement of AliExpress Content is displayed on a third-party platform designated by AliExpress Global.

 

1.1.6.        on a Cost per Time model: each relevant time period (e.g., day, hour, minute, second) the Participant's advertisement of AliExpress Content is displayed on a third party platform designated by AliExpress Global;

 

1.1.7.        on other model: to be defined in an Insertion Order.

 

1.2.        “Advertising Channels” means all online channels, websites, mediums and/or sources which are used or are capable of being used by Participants to host, publish, display, distribute and/or disseminate digital content, including the Default Channels, Cashback/Extension Channels, Dropshipping Channels, Non-transparent Channels, Cashback/Extension Partner Channels;

 

1.3.         “Alibaba Brands” means all lines of business, brands, products and/or services which are owned, operated or offered by the Alibaba Group, including AliExpress, including without limitation: “Alibaba” or “Alibaba.com”, “1688“ or “1688.com”, AliExpress”, “Taobao”, “Tmall”, “Etao”, “Juhuasuan”, “Hema”, “Alimama”, “Alibaba Cloud”, “Cainiao”, “Ant Financial”, and “Alipay”.

 

1.4.         “AliExpress Content” means all data, images, text, content, artworks, graphics, logos (including all copies thereof) and all other information relating to AliExpress Products/Services that are made available by AliExpress to Participant through the Participant’s account at the Site or through Participant’s authorized use of designated APIs of the Site for the hosting, publishing, display, distribution and disseminating through Advertising Channels owned or controlled by Participant, including Affiliate Products, Non-Affiliate Products, and/or Hot Products;

 

1.5.         “AliExpress Domain Names” means all domain names, whether registered or not, which are used in connection with the Alibaba Brands;

 

1.6.         “AliExpress Platform” means the website with the URL: https://www.aliexpress.com operated by AliExpress and its affiliated companies;

 

1.7.         “AliExpress Product(s)/Service(s)” means any item(s) that is/are offered for sale by sellers on the AliExpress Platform;

 

1.8.         “AliExpress Applications” or “Apps” means the mobile applications of AliExpress Platform, including AliExpress.com iPhone and Android Apps, AliExpress.com Android Pads application, AliExpress.com iPads App and the mobile version of AliExpress.com

 

1.9.         “AliExpress Website”, “PC”, “Msite” or “Non-App” shall mean the web and mobile version of AliExpress.com, excluding AliExpress Applications.

 

1.10.      “Affiliate Products” means AliExpress Content that are made available by AliExpress to Participant through the Participant’s at the Site or through Participant’s authorized use of designated APIs of the Site, AND that are capable of generating a tracking link using the tools at portals.aliexpress.com via the following method: “Portals>Promo Tools>Link Generator or API>Efficient Tools>Generate Affiliate Links”. For the avoidance of doubt, any AliExpress Content that cannot generate a tracking link via the abovementioned method, OR AliExpress Content that are not made available to Participants via the Participants’ accounts at the Site or Participant’s authorized use of designated APIs of the Site shall not be deemed as “Affiliate Products”.

 

 

1.11.      “Buyer” means a registered user of AliExpress Platform who uses the AliExpress Platform in a purchaser’s capacity and who has or will make a purchase of any AliExpress Product/Service through the AliExpress Platform, including Old Buyers and New Buyers.

 

1.12.      “Cashback/Extension Partner Channels” means Cashback/Extension Channels where the Participants are partners of AliExpress, and who are explicitly invited by AliExpress with the invitation bearing detailed Commission Rates AND list of accounts of Participants and/or accounts of Sub-participants (if applicable), and who have accepted such invitation. For the avoidance of doubt, any accounts of Participants, or accounts of Sub-participants (if applicable) not explicitly listed in AliExpress’s invitation OR not accepted by relevant Participants shall NOT be deemed as “Cashback/Extension Partner Channels”.

 

1.13.      “Data Protection Laws” shall mean all laws and regulations in any relevant jurisdiction which relates to the collection, disclosure, use or processing of personal data, personally identifiable data, or privacy;

 

1.14.      “Default Channels” means that the Participant have declared its main Advertising Channel (i.e., not Non-transparent Channels) for the relevant accounts of your Sub-participants (if any) and the accounts of Participants, however, the declared main Advertising Channel does not constitute Cashback/Extension Channels, Dropshipping Channels, Cashback/Extension Partner Channels. Examples of Default Channels include Advertising Channels of third party social media platforms, Advertising Channels of deal recommendations sites, Advertising Channels of phone branded companies, and/or other Advertising Channels that are not Cashback/Extension Channels, Drop shipping Channels, Cashback/Extension Partner Channels, Non-transparent Channels.

 

1.15.      “Drop Shipping Channels” means the Advertising Channels where the relevant Qualifying Purchases are made for the purpose of resale to end consumers on third party websites or platforms, including dropshippers, and independent software vendors or technical service providers for drop shippers.

 

1.16.      “Insertion Order” means a service order form entered into by and between AliExpress and Participant that sets forth the specific pricing and other terms and conditions of the advertising services provided by Participant pursuant to the Advertising Agreement;

 

1.17.      “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;

 

1.18.      “Main Advertising Channel” means the main Advertising Channel of the accounts of your Sub-participants (if any) and the accounts of Participants, which determines the applicable specific Commission Model, the evaluation, calculation, estimate, payment of Commissions, New Buyer Bonus, other commissions, privileges, incentives, and/or Qualified Amount for the accounts of your Sub-participants (if any) and the accounts of Participants. The Main Advertising Channel for the accounts of your Sub-participants (if any) and the accounts of Participants shall be determined by AliExpress, at its sole reasonable discretion, based on relevant factors and limitation, including without limitation, those set forth in Clause 5.3.1.2.

 

1.19.      “Main Advertising Channel Type” means a type of Main Advertising Channel, i.e., Default Channels, Cashback/Extension Channels, Drop shipping Channels, Non-Transparent Channels, and Cashback/Extension Partner Channels.

 

1.20.      “Network” means any entity which controls or manages more than one Advertising Channels (including but not limited to different websites) and has entered into an Advertising Agreement with AliExpress;

 

1.21.      “Non-Affiliate Products” means any AliExpress Content excluding Affiliate Products.

 

1.22.      “New Buyer” means a registered user of AliExpress Platform who uses the AliExpress Platform in a purchaser’s capacity and who has or will make a purchase of any AliExpress Product/Service through the AliExpress Platform, who has never made any prior purchases or orders on the AliExpress Platform. Whether a New Buyer has made any prior purchases of orders on the AliExpress Platform shall be determined by reference to AliExpress’ own records, which shall be final and binding.

 

1.23.      “Non-Transparent Channels” means any Advertising Channels that relevant Participants have not declared at the Site OR any Advertising Channels that the relevant Participants have not declared its main Advertising Channel at the Site.

 

1.24.      “Ordinary Cashback/Extension Channels” means that the Main Advertising Channels of Participants are Advertising Channels that provide or reward Buyer with cashbacks, loyalty points, discounts and/or other similar forms of incentives to Buyer after the Buyer have made a Qualifying Purchase, and/or Advertising Channels that are browser extensions, browser add-ons, browser plug-ins and/or other similar forms, but are not partners of AliExpress (i.e., not Cashback/Extension Partner Channels).

 

1.25.      “Old Buyer” means any Buyer who is not a New Buyer.

 

1.26.      “Personal Data” shall mean all information that relates to an identified or identifiable living individual, whether true or not, in any form, including all information the collection, disclosure, use or processing of which is subject to Data Protection Laws.

 

1.27.      “Program” means AliExpress Affiliate Program;

 

1.28.      “Publisher” means any entity which controls or manages one Advertising Channel or website and has entered into an Advertising Agreement with AliExpress;

 

1.29.      “Participant” or “you” means any Network or Publisher that has either successfully registered as a member of the Site or has obtained AliExpress’ approval to use the Site through other approval mechanisms;

 

1.30.      “Qualifying Purchases” means purchases completed by Buyer on the AliExpress Platform via Participants advertisement of AliExpress Content. A purchase shall only be deemed to be a “Qualifying Purchase” by a Buyer if the Buyer has taken the requisite steps required by the AliExpress Platform for acknowledging completion of the transaction. For the avoidance of doubt, transactions on the AliExpress Platform that are cancelled and/or refunded by Buyer shall not be deemed as a Qualifying Purchase;

 

1.31.      “Relevant Markets” shall mean the Russian Federation, Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan and Uzbekistan.

 

1.32.      “Restricted Mark(s)” means any and all Intellectual Property Rights which are used, regardless in part or in full, in connection with the Alibaba Brands;

 

1.33.      “Sub-participant” means any individual, corporation, partnership, limited liability company, entity or person engaged by the Participant to provide advertising services under the Advertising Agreement;

 

1.34.      “Transaction Price” means the actual transaction price of a product in a Qualifying Purchase, which excludes any discounts, coupons, shipping costs, taxes, duties, Third Party Fees, and/or any other excluded amount.

 

1.35.      “Varied AliExpress Domain Names” shall have the meaning in Clause 3.2.2;

 

1.36.      “Varied Restricted Mark” shall have the meaning in Clause 3.1.1;

 

 

  1. Participants Obligations
    2.1 Participants shall perform all advertising services in good faith at all times, and to meet or exceed best industry and professional standards and practices.

 
2.2 Authorised use of Restricted Marks
2.2.1 Where any Participant wishes to use any Restricted Marks (or part thereof) in connection with any advertisement or its Advertising Channel, such Participant must first notify AliExpress in writing of its intention to do so, together with sufficient details of such intended use (including the purpose and manner in which such Restricted Mark (or part thereof) will be used), and obtain AliExpress’ approval of such use in writing. For the avoidance of doubt, any approval granted by AliExpress shall strictly for the purpose and manner which was notified to AliExpress.
2.2.2 Where AliExpress has approved in writing of such use of the Restricted Marks (or part thereof) in accordance with Clause 2.2.1 above, Participant shall ensure that such advertisement, Advertising Channel or other content which contains the Restricted Mark (or part thereof):
2.2.2.1 adheres to all requests and/or instructions (if any) which were notified to Participant by AliExpress together with its written approval of such use;
2.2.2.2 includes functional and working hyperlink(s) to the AliExpress Platform, or such other page of AliExpress and/or its affiliates, which shall be designated by AliExpress and notified to Participant.
2.2.3 Where Participant uses the Restricted Marks (or part thereof) without obtaining AliExpress’ prior written approval, or where Participant obtained AliExpress’s approval but uses the Restricted Marks (or part thereof) for a purpose or in a manner other than what was notified to and approved by AliExpress, AliExpress retains the right to require that such advertisement, part of the Advertising Channel or other content containing the Restricted Mark (or part thereof) is immediately taken down, and to revoke such Participant’s authorization to use the Site.

 

 


2.3 Participant acknowledges and agrees that it shall ensure that all advertisements involving AliExpress Content are hosted, published, displayed, distributed and/or disseminated only in accordance with AliExpress’ instructions, no matter if they are given on AliExpress Portal or in a writing notice. This shall include without limitation:
2.3.1 submitting timely, detailed, factual and accurate information regarding all proposed advertisement(s) to AliExpress in a format prescribed by AliExpress, where AliExpress may (but is not obliged to) review such advertisement(s), including its format and presentation;
2.3.2 adhering to any requests from AliExpress to amend, alter or change any advertisement and ensuring that such requests are fully and accurately reflected in the final version of the advertisement;
2.3.3 keeping complete and thorough records of all advertisements (including the resources used for such advertisements), which shall be made available to AliExpress upon request.

 

 

 


2.4 In the event that Participant engages any Sub-participant to provide advertising services under the Advertising Agreement, Participant acknowledges and agrees that it shall not be relieved of any of its liabilities or obligations under this Agreement and will remain responsible for the performance, or lack thereof, of any Sub-participant and liable to AliExpress for all acts, omissions, defaults and negligence of each Sub-participant, as fully as if they were the acts, defaults or negligence of Participant itself. Participant shall keep complete, thorough and up-to-date records of all Sub-participants engaged in connection with Participant’s performance of the advertising services under the Advertising Agreement, and such records shall be furnished to AliExpress upon request. For the further avoidance of doubt, Participant shall manage, supervise and/or ensure Sub-participants to comply with these Rules, the Advertising Agreement and/or applicable laws and regulations. Participants shall be directly responsible to AliExpress and indemnify AliExpress fully for any and all losses, damages, claims, liabilities, penalties, expenses arising from the violation, non-compliant, all acts, omissions, defaults and negligence of each Sub-participant engaged by Participants, including without limitation, these Rules and Advertising Agreements, and applicable laws and regulations.

 


2.5 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.

 


2.6 Participants shall abide by any and all applicable laws and regulations in any applicable jurisdiction as well as the terms set out under these Rules and the Advertising Agreement when using the Site and/or performing any advertising services and related efforts, and shall agree not to engage in conduct that is improper, illegal or unlawful or otherwise against these Rules and the terms of the Advertising Agreement, including but not limited to Clause 3 herein below.

 

 

 

3 Prohibited content and conduct
3.1 Restricted Marks: Unless otherwise agreed by AliExpress in writing, Participants shall not, directly or indirectly, claim any right to the ownership of or use any Restricted Marks, or engage in any improper use of Restricted Marks, including without limitation:
3.1.1 performing any form of alteration, separation, deletion, combination or other variation to any Restricted Marks in any manner or by any means, and/or any use of such varied Restricted Mark which, in AliExpress’ sole discretion, is capable of misleading or confusing a viewer by implying an incorrect or unfounded association between Participant(s) and AliExpress. Such variations may include without limitation:
3.1.1.1 increasing, decreasing or changing any letters, symbols or parts of the Restricted Marks (such as AExpress);
3.1.1.2 changing the order of arrangement of letters and/or symbols within the Restricted Marks (such as.ExpressAli, BabaAli):
3.1.1.3 using any form of abbreviation(s) of Restricted Marks (such as AE or AliE);
3.1.1.4 using some or all letters, symbols and/or other parts of the Restricted Marks in conjunction with other words, letters, symbols, pictures and/or pictograms. This shall include without limitation:
(a) using some or all letters from various Restricted Marks (such as AEbaba);
(b) using some or all letters from Restricted Marks in conjunction with national and/or regional names (such as AE US);
(c) using some or all letters from Restricted Marks in conjunction with new words (such as AliClothing);
(d) using some or all letters from Restricted Marks in conjunction with other symbols, pictures or other parts (such as AliEx@ss);
3.1.1.5 changing the appearance of form of the Restricted Marks (whether or not they have already been varied in accordance with this Clause 3.1.1), including but not limited to:
(a) using upper and lower cases (such as ALIEXPRESS);
(b) using bolded, italicized and/or underlined words;
(c) using a different font type;
(d) changing part of or all of the background, color, size, angle, proportion and/or resolution;
(e) disassembling, merging and/or reorganizing any of the Restricted Marks;
(f) joining and/or splicing (such as showing only part of the original Restricted Mark or logo);
3.1.1.6 transliterating or translating any of the Restricted Marks, including translations into other languages (such as SuMaiTong);
3.1.1.7 any combination of the above variations in this Clause 3.1.1, (all Restricted Marks that have been varied in accordance with this Clause 3.1.1, “Varied Restricted Marks”);

 

 

 

The authorized and/or improper use of Restricted Marks and/or Varied Restricted Marks, includes, without limitation, promote, advertise, bid, purchase for promotion and/or advertisement of, placing the Restricted Marks and/or Varied Restricted Marks on any publically viewable websites and/or platforms, such as, Google, Yandex, Facebook, social media platforms.

 

3.1.2 Carrying out any of the following unlawful, unauthorized, and/or improper acts:
3.1.2.1 applying for or registering for a trademark for a Restricted Mark or Varied Restricted Mark;
3.1.2.2 placing Restricted Marks or Varied Restricted Marks on the same page or location as advertisements, products and services of other competing platforms and/or affiliates of such competing platforms;
3.1.2.3 placing Restricted Mark or Varied Restricted Marks side by side together with AliExpress Products/Services or any other products and/or services which are offered for sale via any other e-commerce platform owned, operated and/or controlled by AliExpress and/or its affiliates.

 

3.1.2.4 placing Restricted Mark or Varied Restricted Mark side by side together with AliExpress Products/Services and/or any other content, text, image, pictures, information that has the possibility of misleading viewers there is untrue, incorrect, unauthorized relationship between any such placing websites, Advertising Channels with the AliExpress Platform (AliExpress.com and/or its mobile applications), or AliExpress, Alibaba and/or its affiliated companies, OR contain any content that is likely to confuse or mislead others into forming any untrue association with AliExpress, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with AliExpress, its affiliates, and/or its senior management.

 


3.2 AliExpress Domain Names: Unless otherwise agreed by AliExpress in writing, Participants shall not, directly or indirectly, apply to register, register or use any AliExpress Domain Names, or engage in any improper use of AliExpress Domain Names, including without limitation:
3.2.1 applying for, registering for or using any AliExpress Domain Names or other domain names which contain any Restricted Marks or Varied Restricted Marks;
3.2.2 performing any alteration, separation, deletion, combination or other variation to any of the AliExpress Domain Names in a manner or to such degree that it is capable of misleading or confusing a viewer by implying an incorrect or unfounded association between Participant(s) and AliExpress, and then applying for, registering for or using such varied domain name (such varied domain names, “Varied AliExpress Domain Names” ). Such variations shall include without limitation:
3.2.2.1 using URLs that are intended to imitate or impersonate any service, operating category, or department of the AliExpress Platform (e.g. http://aliexpressservice.com; http://aliexpressaapparel.com) ;
3.2.2.2 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);
3.2.2.3 hosting, publishing, display, distribution and disseminating advertisements, whether directly or indirectly, that contain link-outs or jumps to any domain names which have been applied for, registered or used in contravention of this Clause.
3.2.2.4 registering, using, placing, hosting, publishing, display, distribution, and disseminating advertisements, whether directly or indirectly AliExpress Domain Names or Varied AliExpress Domain Names side by side together with AliExpress Products/Services and/or any other content, text, image, pictures, information that has the possibility of misleading viewers there is untrue, incorrect, unauthorized relationship between any such placing websites, Advertising Channels with the AliExpress Platform (AliExpress.com and/or its mobile applications), or AliExpress, Alibaba and/or its affiliated companies, OR contain any content that is likely to confuse or mislead others into forming any untrue association with AliExpress, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with AliExpress, its affiliates, and/or its senior management;.

 

3.2.2.5 registering, using, placing, hosting, publishing, display, distribution, and disseminating advertisements, whether directly or indirectly AliExpress Domain Names or Varied AliExpress Domain Names side by side together placing AliExpress Domain Names or Varied Domain Names side by side together with AliExpress Products/Services or any other products and/or services which are offered for sale via any other e-commerce platform owned, operated and/or controlled by AliExpress and/or its affiliates, OR contain any content that is likely to confuse or mislead others into forming any untrue association with AliExpress, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with AliExpress, its affiliates, and/or its senior management.

 

3.3 Participant’s company name and/or domain name: Participants shall refrain from using any disputable, unlawful, or misleading company names or domain name (including but not limited to company names and/or domain names already used by other Participants, and etc.) in connection with their advertisements or Advertising Channels. In particular, such company names and/or domain names shall not:
3.3.1 contain any Restricted Marks or Varied Restricted Marks or part thereof, or engage in any improper use of Restricted Marks or Varied Restricted Marks, including as described in Clause 3.1, without AliExpress’ written consent;
3.3.2 contain any AliExpress Domain Names or Varied AliExpress Domain Names or part thereof, or engage in any improper use of AliExpress Domain Names or Varied AliExpress Domain Names, including as described in Clause 3.2, without AliExpress’s written consent;
3.3.3 contain any content that is likely to confuse or mislead others into forming any untrue association with AliExpress, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with AliExpress, its affiliates, and/or its senior management;
3.3.4 contain any content that is defamatory or libelous to AliExpress, its affiliates, any of its senior management, and/or other Participants;
3.3.5 contain any content that infringes any legitimate rights, including but not limited to intellectual property rights, of others;
3.3.6 contain any content that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.3.7 contain any content in any manner that violates any applicable laws and regulations in any applicable jurisdiction;
3.3.8 contain any content that will likely cause any damage to AliExpress, its affiliates, and the AliExpress Platform.


 

The authorized and/or improper use of Restricted Marks and/or Varied Restricted Marks, AliExpress Domain Names, and/or Varied AliExpress Domain Names, AND/OR breach of this Clause 3.3, includes, without limitation, promote, advertise, bid, purchase for promotion and/or advertisement of, placing the Restricted Marks and/or Varied Restricted Marks, AliExpress Domain Names and/or Varied AliExpress Domain Names, company names, domain names, or any content in violation of this Clause 3.3 on any publicly viewable websites and/or platforms, such as, Google, Yandex, Facebook, Bing, Yahoo, social media platforms.

 

 

 

3.4 Applications, web portals and other online platforms and/or software: All applications, web portals, and other online platforms and/or software which are owned, controlled and/or developed by or on behalf of Participant shall not include, either in the name, related domain name or content of such application, portal, platform and/or software, any of the following:
3.4.1 any of the Restricted Marks or Varied Restricted Marks or part thereof, or any unauthorized or improper use of Restricted Marks or Varied Restricted Marks, including as described in Clause 3.1, without AliExpress’ written consent;
3.4.2 any AliExpress Domain Names or Varied AliExpress Domain Names or part thereof, or any unauthorized or improper use of AliExpress Domain Names or Varied AliExpress Domain Names, including as described in Clause 3.2 without AliExpress’s written consent;
3.4.3 any company names or domain names or part thereof which contain any content restricted under Clause 3.3 above;
3.4.4 contain any content that is likely to confuse or mislead others into forming any untrue association with AliExpress, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with AliExpress, its affiliates, and/or its senior management.
The authorized and/or improper use of any and all applications, web portals, and other online platforms and/or software applications, software described under this Clause 3.4, AND/OR breach of this Clause 3.3, includes, without limitation, promote, advertise, bid, purchase for promotion and/or advertisement of, placing the Restricted Marks and/or Varied Restricted Marks, AliExpress Domain Names and/or Varied AliExpress Domain Names, company names, domain names, applications, web portals, other online platforms, software or any content in violation of this Clause 3.4 on any publicly viewable websites and/or platforms, such as, Google, Yandex, Facebook, Bing, Yahoo, social media platforms.

 

 

 

3.5 Advertisements and advertising material: All advertisements and all advertising materials (including but not limited to name cards, posters, pamphlets, forums, posts, blogs, emails, and etc.) authorized, published, displayed, disseminated or otherwise distributed by Participants shall not include any of the following:
3.5.1 any of the Restricted Marks or Varied Restricted Marks or part thereof, or any unauthorized or improper use of Restricted Marks or Varied Restricted Marks, including as described in Clause 3.1, without AliExpress’ written consent;
3.5.2 any AliExpress Domain Names or Varied AliExpress Domain Names or part thereof, or any unauthorized or improper use of AliExpress Domain Names or Varied AliExpress Domain Names, including as described in Clause 3.2, without AliExpress’ written consent;
3.5.3 any company names or domain names or part thereof which contain any content restricted under Clause 3.3 above;
3.5.4 contain any content that is likely to confuse or mislead others into forming any untrue association with AliExpress, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with AliExpress, its affiliates, and/or its senior management;
3.5.5 any content that is defamatory or libelous;
3.5.6 any unlawful content in any applicable jurisdiction;
3.5.7 any content that promotes, encourages or aids and abets unlawful activities;
3.5.8 any content that is discriminatory or promotes discriminations based on race, sex, religion, nationality, disability, sexual orientation or age;

 

3.5.9 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;
3.5.10 any content that relates to gambling or casino related materials;
3.5.11 any content that provides information on “how to” engage in computer hacking or unauthorized access of computer networks;
3.5.12 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.); 3.5.13 any content that specifically relates to the sale of prescription drugs;
3.5.13 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;
3.5.14 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;
3.5.15 any content that infringes the legitimate intellectual property rights of others;
3.5.16 any information that unlawfully discloses the business secrets of others;
3.5.17 any content that is stolen or misappropriated from other websites;
3.5.18 any content that is misleading or fraudulent;
3.5.19 any content that is contrary to public interests or public order.

For clarity, Participants shall not be entitled to any commission or payment for any and all orders and/or traffic generated in connection with the violation of this Clause 3.5.

 

3.6 Advertising Channels: The Advertising Channels of Participants shall not include or contain:
3.6.1 any content, information that is described in Clause 3.5.1 to Clause 3.5.20, and/or violates Clause 3.4 5 of these Rules;
3.6.2 any information, tools, or methods that allow, enable, teach, advise or in any way directly or indirectly assist visitors to bypass any term(s) in these Rules, the Advertising Agreement or any other rules, regulations or terms related to such visitor’s access to and/or use of the Site and/or the AliExpress Platform. Examples include without limitation information, methods or tools relating to:
3.6.2.1 deleting or revising any codes associated with any computer system, program, website or other digital content (including any advertisements and/or Advertising Channel);
3.6.2.2 hacking and other methods of gaining unauthorized access to any computer system, program, website or other digital content. 3.7 Prohibited conduct: Participants shall not engage in any of the following conduct:
3.6.3 any browser extensions, browser add-ons, browser plug-ins, tools, bots, codes, technologies and/or any other means or processes that provide any overlay, covering, alterations on, interference with, and/or interactions with any webpage of the AliExpress Platform, or provide any advice, instructions, guidance to the visitor to register, purchase, use, click on or take other actions concerning any AliExpress Product/Service on any webpage of AliExpress Platform, regardless of whether visible or made aware to visitors, including, without limitation, any cookie stuffing, iframes, PPV pop-ups, cookie dropping, pop-ups, notifications, pushes, floating screens, displays and/or any other similar forms.

 

3.6.4 any browser extensions, browser add-ons, browser plug-ins and/or any other similar forms that target or can be accessed, used by visitors Relevant Markets, regardless of whether it violates Clause 3.6.3.

 

 

For clarity, Participants shall not be entitled to any commission or payment for any and all orders and/or traffic generated in connection with the violation of this Clause 3.6.

 

 

 

3.7 Prohibited conduct: Participants shall not engage in any of the following conduct:

 

3.7.1 using coercion, deception or any threatening or misleading conduct, actions or language to requiring visitors to the Advertising Channel to register, purchase or use any AliExpress Products/Services when such visitors click on Participant’s advertisements, whether or not such visitors have any intention effect such registration, purchase or use;
3.7.2 using any tactics or measures intended to trick, coerce or induce visitors or Buyers to engage in unlawful or improper transactions or behavior, including without limitation malicious or dishonest refunds and/or unlawful coupon collection and/or utilization, so that the Participant may obtain unlawful or unjust commissions / bonuses / coupons and/or other forms of remuneration through the Program;
3.7.3 using any form of resource exchange or barter as an advertising method or tactic, including without limitation using any reward or incentive as a bait to induce visitors into performing certain actions on or in connection with the AliExpress Platform (or any campaign / promotion being run on the AliExpress Platform);
3.7.4 engaging, directly or indirectly, or authorizing 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 Platform or the Site. Examples include, but are not limited to, you or your associates making purchases on the AliExpress Platform through designated links, or engaging in fraudulent behavior such as spam registration, hijacking and brand bidding with the intention that you or your associate may obtain unlawful or unjust commissions / bonuses / coupons and/or other forms of remuneration via the Program;
3.7.5 to cooperate or collaborate with sellers on the AliExpress Platform, whether or not such seller is related to Participant, with the aim of obtaining any unlawful or unjust commissions / bonuses / coupons and/or other forms of remuneration via the Program;
3.7.6 any conduct which generates fraudulent traffic, including engaging in, conducting, utilizing, and/or authorizing:
3.7.6.1 any programs, scripts, or other forms which are intended to generate, directly or indirectly, abnormal, artificial and/or disingenuous views, clicks and/or enquiries in connection with Participant’s advertisements;
3.7.6.2 pop-up or pop-under advertisements in any form;
3.7.6.3 any advertising which utilizes bad-faith, malicious, or improper methods, including but not limited to using viruses, fictitious webpages, hi-jacked browsers or URLs, hijacking the front page of the AliExpress Platform, modifying information or content of registered members of the AliExpress Platform or the Site, using malicious plug-ins or unauthorized software or computer programs, modifying the source code or URL parameters of the AliExpress Platform or the Site;
3.7.6.4 any other advertising methods, tactics, or mechanisms which AliExpress reasonably determines as carrying a risk of being regarded as fraudulent traffic;
3.7.7 engaging in any Search Engine Optimization (SEO) or Search Engine Marketing (SEM) campaigns using Restricted Marks and/or Varied Restricted Marks, AliExpress Domain Names, Varied AliExpress Domain Names, including without limitation on any Google, Facebook, Bing, Yahoo and/or Yandex platforms;
3.7.8 utilizing any bold or aggressive advertising or other similar marketing tactics which are likely to create adverse or unfavorable perceptions of Participant and/or AliExpress for visitors to the Advertising Channel;
3.7.9 publishing, displaying, disseminating or otherwise distributing any advertisements or other promotional content, whether directly or indirectly, on any Advertising Channels owned by AliExpress and/or its affiliates under Alibaba Group;
3.7.10 engaging in or authorizing any activity or conduct which is dishonest or otherwise exploits the Program, including where a seller on the AliExpress Platform intentionally becomes a Participant of the Program in order to earn unlawful or unjust commissions / bonuses / coupons and/or other forms of remuneration, or sales via the Program;
3.7.11 engaging in or authorizing any activity or conduct which creates or could potentially create any damage or liability for AliExpress, its affiliates, or the AliExpress Platform;
3.7.12 all other conduct which AliExpress reasonably determines to be inappropriate or improper conduct.

 

3.7.13 hijacking any traffic that has been already directed to the websites or pages of AliExpress platforms, including by method described in Clause 3.6.3, using any browser extensions, browser add-ons, browser plug-ins, tools, bots, codes, technologies, cookie stuffing, iframes, PPV pop-ups and/or any other means or processes that provide any overlay, covering, alterations on, interference with, and/or interactions with any webpage of the AliExpress Platform, or provide any advice, instructions, guidance to the visitor to register, purchase, use, click on or take other actions concerning any AliExpress Product/Service on any webpage of AliExpress Platform, regardless of whether visible or made aware to visitors, including, without limitation, any cookie stuffing, iframes, PPV pop-ups, cookie dropping, pop-ups, notifications, pushes, floating screens, displays and/or any other similar forms.

 

3.8 Participants shall not be involved in any fraudulent behaviors and/or violations involving traffic. AliExpress shall be entitled to, at its sole discretion, determine the violation of Participants (including any of its Sub-participants) in violation of this Clause 3.8, including based on reasonable factors such as, the source of the traffic, the relevant Advertising Channels, the average traffic conversion into clicks, purchase, and/or other Actions on AliExpress platform, the average performance or data of the Participants (and/or its Sub-participants), the average performance or data of all Participants (and/or Sub-participants)(regardless of whether or not in the same Advertising Channel Type).

 

 

4 Restrictions on use of data
4.1 Participant agrees that in the course of all access and/or use of the Site and/or performing advertising services pursuant to the Advertising Agreement, it shall at all times comply with all applicable Data Protection Laws.

 


4.2 Without prejudice to the generality of Clause 4.1, Participant agrees that it shall not under any circumstances collect, use, store, process, disclose and/or transfer any Personal Data in connection with the Program, including in the course of any access and/or use of the Site and/or performing advertising services pursuant to the Advertising Agreement, unless data owner has provided its written consent to such collection, use, storage, process, disclosure and/or transfer. If Participant nevertheless collects, uses, stores, processes, discloses and/or transfers any Personal Data in connection with the Program, such Participant acknowledges and agrees that it does so it is own capacity, and shall hereby defend, indemnify and hold harmless AliExpress and its affiliates under the Alibaba Group, and each of their representatives, agents, employees, directors and officers, from any and all fines, losses, damages, costs and expenses which may arise out of, in the course of, or in connection with such unauthorized collection, use, storage, processing, disclosure and/or transfer of Personal Data.

 


4.3 Unless otherwise agreed to by AliExpress in writing, nothing under these Rules and/or the Advertising Agreement shall imply a controller-processor relationship between any Participant and AliExpress or its affiliates under the Alibaba Group.

 

 

 

 

5 Fees and Payment

5.1 Commissions for Qualifying Purchases in General
5.1.1 For every Qualifying Purchase by a Buyer on the AliExpress Platform which can be validly attributed to or traced to have originated from an advertisement published, displayed, disseminated and/or distributed by Participant and/or Participant’s Advertising Channel, such Participant shall be entitled to claim a commission from AliExpress of up to USD50 per order and/or transaction according to the following rules:

5.1.1.1 Qualifying Purchases from Non-Relevant Markets: Unless otherwise specified, if a Qualifying Purchase is made by a Buyer from a jurisdiction other than the Relevant Markets (“Non-Relevant Markets”), the commission models and/or rates on a Cost-per-Sale basis and New Buyer Bonus based on your Main Advertising Channel set out in Clause 5.3 shall apply. Additionally, AliExpress may increase the Commission Rate for Qualifying Purchases made by Buyers with ship-to or shipping address in specific regions. The applicable Commission Rates for specific regions will be as displayed for each relevant product in AliExpress Portal. Each Main Advertising Channel applies a different set of Commission Models, Commission Rates and/or commission rules, where the evaluation, application of specific Commission Rate, Commission Models, and corresponding accruing commissions and/or New Buyer Bonus shall apply on each of the accounts of your Sub-participants (if any), and the account of Participants provided that you do not have any Sub-participants,  be on the level of your account (or account of your Sub-participant, if applicable), which varies based on factors, including without limitation, the following: 

(a) your Main Advertising Channel Type;

(b) type of AliExpress Content, i.e., Affiliate Products, Hot Products, and/or Non-Affiliate Products;

(c) the type of the Qualifying Purchase, including, the type of AliExpress Content which the relevant Qualifying Purchase corresponds to, and the type of Buyer who has made the relevant Qualifying Purchase;

(d) the category of the relevant AliExpress Content;

(e) the store IDs and/or sellers who listed the relevant AliExpress Content.

5.1.1.2 Qualifying Purchases from Relevant Markets: if a Qualifying Purchase is made by a Buyer from the Relevant Markets, the commission models and/or rates set out in Clause 5.4 shall apply, including that the commission rates displayed on or attached to the Affiliate Products shall apply. For the avoidance of doubt, the commission rates for Qualifying Purchase of Non-Affiliate Products made by a Buyer from the Relevant Markets shall be 0%.


 (the above rates and any other rates calculated and/or payable based on Transaction Price of Qualifying Purchases on a Cost-per-Sale basis, “Commission Rates”)


5.1.2 For the avoidance of doubt, the following shall not be regarded to be a “Qualifying Purchase”, and AliExpress reserves the right to hold or withdraw the commission due, paid or payable to such Participant in relation to such orders or transactions:
5.1.2.1 any order or transaction made in contravention of any of these Rules herein, including without limitation Clauses 2 and 3;
5.1.2.2 any order or transaction which has been deemed by AliExpress in its absolute discretion to be fraudulent.

5.1.2.3 any order or transaction which has been deemed by AliExpress in its absolute discretion to be invalid.
5.1.3 For clarity, in any case the commission for a Qualifying Purchase will not exceed fourty nine US dollars (USD 49);
5.1.4 Subject to the USD49 cap set forth in Clause 5.1.3, the commission shall be equivalent to “Commission Rate * Transaction Price”. However, if a Qualifying Purchase is made by a Buyer from a jurisdiction within the European Union and the product of such Qualifying Purchase is under the category of “Phone & Telecommunications” category, there may be an additional service fee of up to 8% of the Transaction Price charged by a third party service provider (“Third Party Fees”) which will NOT be entitled to any commission, and the Third Party Fees will be excluded from the Transaction Price for purpose of calculating Qualifying Purchase commissions.
5.1.5 Commissions shall not be awarded for any purchases of the following products:
5.1.5.1 virtual products (including gift cards, coupons or any form of stored value usable on the AliExpress Platform);
5.1.5.2 books (if any);
5.1.5.3 travel services (if any);
5.1.5.4 products not listed by sellers registered in mainland China, Spain, Russia, Turkey or Italy;
5.1.5.5 products listed by sellers registered in mainland China, Spain, Russia, Turkey or Italy, which, however, do not participate in AliExpress Affiliate Program.

For the avoidance of doubt, whether a product falls within these restricted categories shall be determined by AliExpress in its sole discretion.
5.1.6 If not otherwise agreed with AliExpress, commissions are paid to Participants in US dollars.
5.1.7 For the avoidance of doubt, the following shall not be regarded to be a “Qualifying Purchase”, and AliExpress reserves the right to hold or withdraw any new buyer bonuses due, paid or payable to such Participant in relation to such orders or transactions:
5.1.7.1 any order or transaction made in contravention of any of these Rules herein, including without limitation Clauses 2 and 3;
5.1.7.2 any order or transaction which has been deemed by AliExpress in its absolute discretion to be fraudulent – fraudulent behavior shall include spam registration, hijacking and brand bidding.

 

5.1.8 New Buyer Bonus

5.1.8.1 If explicitly provided in Clause 5.3, for every first Qualifying Purchase conducted by a New Buyer on the AliExpress Platform which can be validly attributed to or traced to have originated from an advertisement published, displayed, disseminated and/or distributed by Participant and/or Participant’s Advertising Channel, such Participant shall be entitled to claim an one-off new buyer bonus (“New Buyer Bonus”), where such commission shall be calculated in accordance with the rates set out in Clause 5.3 (as updated from time to time). The rates contained in Clause 5.3 shall be applied based on the country where the sale originated from, and shall apply to all Participants of the Program. However, the Participant shall not be entitled to any New Buyer Bonus if any of its Advertising Channels are offline channels (e.g., advertisement areas in metro stations, parks, offline stores, etc.)


5.2.1 Commissions for other Actions
5.2.1.1 If agreed in an Insertion Order, Participant may be entitled to receive a commission for its Services based on Actions other than Qualifying Purchases. The terms and conditions in the Insertion Order shall apply to the calculation and payment of such commission.


5.3 Commission Rules for Qualifying Purchases from Non-Relevant Markets

Provided that a Qualifying Purchase is made by a Buyer from Non-Relevant Markets, this Clause 5.3 shall apply. For any such Qualifying Purchases, the Commissions, New Buyer Bonus, and/or other commissions shall apply a specific Commission Model or set of commission rules based on your Main Advertising Channel Type, together with other factors and limitations, including, without limitation those listed in this Clause 5.3, and those set forth in Clause 5.1.1.

5.3.1 Main Advertising Channel

5.3.1.1 You agree and acknowledge that your Main Advertising Channel Type determines the specific Commission Model that applies to the evaluation, calculation, estimate, payment of Commissions, New Buyer Bonus, other commissions, privileges, incentives, and/or Qualified Amount of each of the accounts of your Sub-participants (if any), and the accounts of Participants.

5.3.1.2 AliExpress shall be entitled to, at its sole reasonable discretion, determine your Main Advertising Channel Type, based on reasonable and relevant factors, limitations and/or restrictions, your breach or violations, including, without limitation, the following:

(a) the main Advertising Channel declared by you;

(b) the Transaction Price of relevant Qualifying Purchases, the percentage of Transaction Price of relevant Qualifying Purchases generated from relevant Main Advertising Channel Type;

(c) the commissions for Qualifying Purchases on a Cost-per-Sale basis, the percentage of commissions for Qualifying Purchases on a Cost-per-Sale basis generated from relevant Main Advertising Channel Type;

(d) New Buyer Bonus, the percentage of New Buyer Bonus generated from relevant Main Advertising Channel Type;

(e) other commissions and/or Qualified Amount, the percentage of other commissions and/or Qualified Amount generated from relevant Main Advertising Channel Type;

(f) the traffic performance (i.e., Qualifying Purchases, clicks, impressions, and/or other Actions) of Participants’ advertising services and/or Advertisements, the percentage of traffic performance of Participant’s advertising services and/or Advertisements generated from Main Advertising Channel Type;

(g) the main market and/or targeting territories of your Advertising Channels; and/or

(h) other relevant factors, restrictions, limitations.

 

AliExpress shall be entitled to change your Main Advertising Channel Type and the Commission Model that shall apply to you, at its sole reasonable discretion, due to change of circumstances, including change or new factors, your breach or violations, and/or other limitations and/or restrictions.

 

5.3.1.3 You agree and acknowledge that the first site/channel/URL at the account of your Sub-participants (if any), or the first site/channel/URL at the account of the Participant at the Site will be deemed as the declaration of your main Advertising Channel made by you for the relevant account(s) as described in Clause 5.3.1.1 (a).

You represent and warrant to AliExpress that any such declaration shall be true, accurate, complete, effective, most up-to-date, and shall not make any fraudulent or inappropriate declarations.

 

If you violate this Clause 5.3.1.3, AliExpress shall be entitled to take restrictive measures, including penalties, and change your Main Advertising Channel Type and the Commission Model that shall apply to you.

 

5.3.2 Applicable Commission Model

5.3.2.1 Each of the Main Advertising Channel Type shall apply a specific set of commission rules and/or commission models, including without limitation, the following:

(a) If your Main Advertising Channel Type is Default Channel, then the commission rules and/or commission model set forth in Clause 5.3.3 shall apply (such commission rules and/or model, “Default Channel Commission Model”);

(b) If your Main Advertising Channel Type is Ordinary Cashback/Extension Channel, then the commission rules and/or commission model set forth in Clause 5.3.4 shall apply (such commission rules and/or model, “Ordinary Cashback/Extension Channel Commission Model”);

(c) If your Main Advertising Channel Type is Dropshipping Channel, then the commission rules and/or commission model set forth in Clause 5.3.5 shall apply (such commission rules and/or model, “Dropshipping Channel Commission Model”);

(d) If your Main Advertising Channel Type is Non-Transparent Channel, then the commission rules and/or commission model set forth in Clause 5.3.6 shall apply (such commission rules and/or model, “Non-Transparent Channel Commission Model”);

(e) If your Main Advertising Channel Type is Cashback/Extension Partner Channel, then the commission rules and/or commission model set forth in Clause 5.3.7 shall apply (such commission rules and/or model, “Cashback/Extension Partner Channel Commission Model”);

(f) If the quality of your promotion is in rating A and needs to be improved, then the commission rules and/or commission model set forth in Clause 5.3.8 shall apply (such commission rules and/or model, “Optimizing-A Channel Commission Model”).

(g) If the quality of your promotion is in rating B and needs to be improved, then the commission rules and/or commission model set forth in Clause 5.3.9 shall apply (such commission rules and/or model, “Optimizing-B Channel Commission Model”).

(the above commission rules and/or commission models, “Commission Model”)

 

5.3.3 Default Channel Commission Model

The Default Channel Commission Model set forth in this Clause 5.3.3 shall apply provided that your Main Advertising Channel Type is Default Channel.

5.3.3.1 Qualifying Purchases of AliExpress Content

 

(a) Affiliate Products (excluding Hot Products) and Non-Affiliate Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Affiliate Products (however, excludes Hot Products) and/or Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis set forth in Table 5.3.3.1 (a) below shall apply, on the basis of the categories of the relevant AliExpress Content and other relevant and reasonable factors, regardless of whether such Qualifying Purchase is made by a New Buyer or an Old Buyer:

But the Qualifying Purchase is made by a Buyer for Ship to Brazil, Non-Affiliate Products of Computer & Office category, the Commission Rates on a Cost-per-Sale basis shall be 0%.

Table 5.3.3.1 (a): Default Channel Commission Model- Commission Rates for Qualifying Purchases of Non-Affiliate Products and Affiliate Products excluding Hot Products

 

 

(b) Hot Products

 

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Hot Products, the Commission Rates on a Cost-per-Sale basis displayed in the “Hot Products” section of portals and/or the “Hot Products” displayed via designated API shall apply (as updated from time to time), and the specific Commission Rate for a particular Qualifying Purchase will be recorded in the system at time of the Qualifying Purchase is made.

5.3.3.2 New Buyer Bonus

Provided that the Qualifying Purchase is made by a New Buyer from Non-Relevant Markets, you shall be entitled to an one-off New Buyer Bonus Fee at the rates set forth in Table 5.3.3.2 below, based on the specific country or territory of the New Buyer or where the Qualifying Purchase is generated from.

For the purpose of this Section, the one-off amount of New Buyer Bonus is subject to where such New Buyer or the relevant Qualifying Purchase is generated from, i.e., (a) if the New Buyer or Qualifying Purchase is generated from APP, then the amounts or rates set forth in the “Buyers from APP” shall apply; and (b) ) if the New Buyer or Qualifying Purchase is generated from PC/Msite, then the amounts or rates set forth in the “Buyers not from App” shall apply.

 

Table 5.3.3.2: New Buyer Bonus

 

 

5.3.3.3 Qualifying Purchase for AliExpress Contents listed in Certain Stores

For a Qualifying Purchase made by a Buyer from a jurisdiction other than the Relevant Markets and the relevant AliExpress, if the relevant AliExpress Content is listed by a seller with the store ID set forth in Clause 5.3.10, the Special Commission Rates shall apply, regardless of the category of the relevant Affiliate Products (including Hot Products, Qualifying Purchases made by New Buyers and those made by Old Buyers) and/or Non-Affiliate Products, and regardless of Main Advertising Channel Type and/or applicable Commission Model.

 

5.3.4 Ordinary Cashback/Extension Channel Commission Model

The Ordinary Cashback/Extension Channel Commission Model set forth in this Clause 5.3.4 shall apply provided that your Main Advertising Channel Type is Ordinary Cashback/Extension Channel.

5.3.4.1 Qualifying Purchases of Affiliate Products (excluding Hot Products)

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Affiliate Products (however, excludes Hot Products), the Commission Rates on a Cost-per-Sale basis set forth in Table 5.3.4.1 (a) below shall apply, on the basis of the categories of the relevant AliExpress Content and other relevant and reasonable factors, regardless of whether such Qualifying Purchase is made by a New Buyer or an Old Buyer.

 

Table 5.3.4.1 (a) Qualifying Purchases of Affiliate Products (excluding Hot Products)

 

 5.3.4.2 Qualifying Purchases of Hot Products

 

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Hot Products, the Commission Rates on a Cost-per-Sale basis displayed in the “Hot Products” section of portals and/or the “Hot Products” displayed via designated API shall apply (as updated from time to time), and the specific Commission Rate for a particular Qualifying Purchase will be recorded in the system at time of the Qualifying Purchase is made.

5.3.4.3 Qualifying Purchases of Non-Affiliate Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis as set forth in Table 5.3.4.1 (a), regardless of the categories of the relevant AliExpress Content, regardless of whether such Qualifying Purchase is made by a New Buyer or an Old Buyer.

5.3.4.4 Special Commission Cap

The Special Commission Cap will be set out in the Insertion Order (if applicable).

 

5.3.4.5 Qualifying Purchase for AliExpress Contents listed in Certain Stores

For a Qualifying Purchase made by a Buyer from Non-Relevant Markets and the relevant AliExpress, if the relevant AliExpress Content is listed by a seller with the store ID set forth in Clause 5.3.10, the Special Commission Rates shall apply, regardless of the category of the relevant Affiliate Products (including Hot Products, Qualifying Purchases made by New Buyers and those made by Old Buyers) and/or Non-Affiliate Products, and regardless of Main Advertising Channel Type and/or applicable Commission Model.

 

For the avoidance of doubt, provided that your Main Advertising Channel Type is Ordinary Cashback/Extension Channel, you shall not be entitled to any New Buyer Bonus Fee for any Qualifying Purchases.

 

5.3.5 Dropshipping Channel Commission Model

Dropshipping commission rules will change the commission rate to the same as merchants are setting in the affiliate program, meanwhile, allowing to be paid by hot products with high commissions.

if you wanna get more affiliate products with high commissions, please obtain them through Portals API or URL as

https://portals.aliexpress.com/unify.htm?spm=portals._cps_home.0.0.2e1b2fe09RrvA7#/material/smartRecommend?promoCenter

 

5.3.6 Non-Transparent Channel Commission Model

The Non-Transparent Commission Model set forth in this Clause 5.3.6 shall apply provided that your Main Advertising Channel Type is Non-Transparent Channel.

5.3.6.1 Qualifying Purchases of Affiliate Products AND Hot Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Affiliate Products, Hot Products OR Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis set forth in Table 5.3.6.1 (a) below shall apply, on the basis of the categories of the relevant AliExpress Content and other relevant and reasonable factors, AND regardless of whether the AliExpress Content is Hot Products or Affiliate Products, regardless of whether the purchases is made by a New Buyer or an Old Buyer.

For the avoidance of doubt, the Commission Rate of Qualifying Purchases for Affiliate Products AND Hot Products shall be same, the specific Commission Rate for both Affiliate Products AND Hot Products are set forth in “Commission Rate of Affiliate Products” section of Table 5.3.6.1 (a).

 

Table 5.3.6.1 (a)

 

 

 

 

5.3.6.2 Qualifying Purchases of Non-Affiliate Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis shall be 0%, as set forth in Table 5.3.6.1 (a), regardless of the categories of the relevant AliExpress Content, regardless of whether such Qualifying Purchase is made by a New Buyer or an Old Buyer.

5.3.6.3 Qualifying Purchase for AliExpress Contents listed in Certain Stores

For a Qualifying Purchase made by a Buyer from Non-Relevant Markets and the relevant AliExpress Content is listed by a seller with the store ID set forth in Clause 5.3.10, the Special Commission Rates shall apply, regardless of the category of the relevant Affiliate Products (including Hot Products, Qualifying Purchases made by New Buyers and those made by Old Buyers) and/or Non-Affiliate Products, and regardless of Main Advertising Channel Type and/or applicable Commission Model.

 

For the avoidance of doubt, provided that your Main Advertising Channel Type is Non-Transparent Channel, you shall not be entitled to any New Buyer Bonus Fee for any Qualifying Purchases.

 

5.3.7 Cashback/Extension Partner Channel Commission Model

 

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets, the Cashback/Extension Channel Partner Commission Model set forth in this Clause 5.3.7 shall apply provided that your Main Advertising Channel Type is Cashback/Extension Partner Channel, however, this Commission Model is ONLY available on an invitation basis.

Only Ordinary Cashback/Extension Channels with explicitly listed account of Sub-participants or account of Participant which are explicitly invited by AliExpress AND explicitly accepted by the Participant shall apply the Cashback/Extension Partner Channel Commission Model.

 

For the further avoidance of doubt, any newly created accounts OR any accounts not explicitly listed by AliExpress DO NOT apply this Cashback/Extension Partner Channel Commission Model.

 

5.3.7.1 Validity Period of Cashback/Extension Partner Channel Commission Model

 

The above Cashback/Extension Partner Channels Commission Model and/or Rates are on an invitation basis only, and shall be effective from September 10, 2020, for a time period of 3 months (“Trial Period”). Upon expiration of the Trial Period, the Ordinary Cashback/Extension Channels Commission Model, or other applicable Commission Models based on your Main Advertising Channel would automatically apply to you, unless a supplemental agreement is executed between AliExpress and you.

 

Such supplemental agreement shall include key performance indications, additional requirements and obligations, advertising positions, and the restrictive measures and/or consequences applicable pro-rata deductions if the relevant key performance indicators and additional requirements are not satisfied or violated, including, without limitation: 1) the applicable pro-rata deductions of Qualified Amount (including Cost-per-Sale commissions and/or New Buyer Bonus), 2) suspension and/or cancellation of the above Cashback/Extension Channels Partner Commission Model, 3) the application of the fallback to the Ordinary Cashback/Extension Channels Commission Model and/or other applicable Commission Model based on your Main Advertising Channel.

 

5.3.7.2 Qualifying Purchases of Non-Affiliate Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets of Non-Affiliate Products, Hot Products OR Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis shall be 1%, regardless of the categories of the relevant AliExpress Content.

 

5.3.7.3 Qualifying Purchases of Affiliate Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Affiliate Products (however, excludes Hot Products), the Commission Rates on a Cost-per-Sale basis set forth in Table 5.3.4.1 (a) below shall apply, on the basis of the categories of the relevant AliExpress Content and other relevant and reasonable factors, AND whether such Qualifying Purchase is made by a New Buyer or an Old Buyer.

For the further avoidance of doubt, for a Qualifying Purchase of Affiliate Products (excluding Hot Products), a different Commission Rate on a Cost-per-Sale basis shall apply based on whether such Qualifying Purchase is made by a New Buyer or an Old Buyer (see the table made explicitly made available to you for “Cashback/Extension Partner Channels” OR “Cashback/Extension Partner Channel Commission Model”).

 

5.3.7.4 Special Commission Cap for Affiliate Products

The Special Commission Cap for Affiliate Products will be set out in the Insertion Order (if applicable);.

 

5.3.7.5 Qualifying Purchases of Hot Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Hot Products, the Commission Rates on a Cost-per-Sale basis displayed in the “Hot Products” section of portals and/or the “Hot Products” displayed via designated API shall apply (as updated from time to time), and the specific Commission Rate for a particular Qualifying Purchase will be recorded in the system at time of the Qualifying Purchase is made.

5.3.7.6 Qualifying Purchase for AliExpress Contents listed in Certain Stores

For a Qualifying Purchase made by a Buyer from Non-Relevant Markets and the relevant AliExpress Content is listed by a seller with the store ID set forth in Clause 5.3.10, the Special Commission Rates shall apply, regardless of the category of the relevant Affiliate Products (including Hot Products, Qualifying Purchases made by New Buyers and those made by Old Buyers) and/or Non-Affiliate Products, and regardless of Main Advertising Channel Type and/or applicable Commission Model.

 

For the avoidance of doubt, provided that your Main Advertising Channel Type is Cashback/Extension Partner Channel, you shall not be entitled to any New Buyer Bonus Fee for any Qualifying Purchases.

 

5.3.8 Optimizing-A Channel Commission Model

The Optimizing-A Channel Commission Model set forth in this Clause 5.3.8 shall apply provided that your promotion quality is in rating A and needs to be improved in click inbound rate, user quality, conversion rate, transaction situation etc.

 

5.3.8.1 Qualifying Purchases of Affiliate Products AND Hot Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Affiliate Products, Hot Products OR Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis set forth in Table 5.3.8.1 (a) below shall apply, on the basis of the categories of the relevant AliExpress Content and other relevant and reasonable factors, AND regardless of whether the AliExpress Content is Hot Products or Affiliate Products.

For the avoidance of doubt, the Commission Rate of Qualifying Purchases for Affiliate Products AND Hot Products shall be same, the specific Commission Rate for both Affiliate Products AND Hot Products are set forth in “Commission Rate of Affiliate Products” section of Table 5.3.8.1 (a).

 

Table 5.3.8.1 (a): Optimizing-A Channel Commission Model- Qualifying Purchases of Affiliate Products, Hot Products AND Non-Affiliate Products

 

 

 5.3.8.2 Qualifying Purchases of Non-Affiliate Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis shall be 0%, as set forth in Table 5.3.8.1 (a), regardless of the categories of the relevant AliExpress Content, regardless of whether such Qualifying Purchase is made by a New Buyer or an Old Buyer.

 

5.3.8.3 Qualifying Purchase for AliExpress Contents listed in Certain Stores

For a Qualifying Purchase made by a Buyer from Non-Relevant Markets and the relevant AliExpress Content is listed by a seller with the store ID set forth in Clause 5.3.8, the Special Commission Rates shall apply, regardless of the category of the relevant Affiliate Products (including Hot Products, Qualifying Purchases made by New Buyers and those made by Old Buyers) and/or Non-Affiliate Products, and regardless of Main Advertising Channel Type and/or applicable Commission Model.

For the avoidance of doubt, provided that your Main Advertising Channel Type is Dropshipping Channel, you shall not be entitled to any New Buyer Bonus Fee for any Qualifying Purchases.

 

5.3.9 Optimizing-B Channel Commission Model

The Optimizing-B Channel Commission Model set forth in this Clause 5.3.9 shall apply provided that your promotion quality is in rating B and needs to be improved in click inbound rate, user quality, conversion rate, transaction situation etc.

 

5.3.9.1 Qualifying Purchases of Affiliate Products AND Hot Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Affiliate Products, Hot Products OR Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis set forth in Table 5.3.9.1 (a) below shall apply, on the basis of the categories of the relevant AliExpress Content and other relevant and reasonable factors, AND regardless of whether the AliExpress Content is Hot Products or Affiliate Products.

For the avoidance of doubt, the Commission Rate of Qualifying Purchases for Affiliate Products AND Hot Products shall be same, the specific Commission Rate for both Affiliate Products AND Hot Products are set forth in “Commission Rate of Affiliate Products” section of Table 5.3.9.1 (a).

 

Table 5.3.9.1 (a): Optimizing-B Channel Commission Model- Qualifying Purchases of Affiliate Products, Hot Products AND Non-Affiliate Products

  

5.3.9.2 Qualifying Purchases of Non-Affiliate Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis shall be 0%, as set forth in Table 5.3.9.1 (a), regardless of the categories of the relevant AliExpress Content, regardless of whether such Qualifying Purchase is made by a New Buyer or an Old Buyer.

 

5.3.9.3 Qualifying Purchase for AliExpress Contents listed in Certain Stores

For a Qualifying Purchase made by a Buyer from Non-Relevant Markets and the relevant AliExpress Content is listed by a seller with the store ID set forth in Clause 5.3.9, the Special Commission Rates shall apply, regardless of the category of the relevant Affiliate Products (including Hot Products, Qualifying Purchases made by New Buyers and those made by Old Buyers) and/or Non-Affiliate Products, and regardless of Main Advertising Channel Type and/or applicable Commission Model.

For the avoidance of doubt, provided that your Main Advertising Channel Type is Dropshipping Channel, you shall not be entitled to any New Buyer Bonus Fee for any Qualifying Purchases.

 

5.3.10 Special Commission Model/Rates for Certain Stores

For a Qualifying Purchase made by a Buyer from a jurisdiction other than the Relevant Markets and the relevant AliExpress, if the relevant AliExpress Content is listed by a seller with the store ID below or with the store ID otherwise notified by AliExpress, a special commission rate shall apply (details of which shall be found via the following method: “AliExpress Portals> Payment > Commission Rules and will be updated by AliExpress from time to time) regardless of the category of the relevant Affiliate Products and/or Non-Affiliate Products and regardless of the type of Main Advertising Channel and/or applicable type of Commission Model or Rates.

 

The Participant acknowledges and agrees that the above store IDs are non-exhausted herein, which will be amended by AliExpress through notification from time to time.

 

 

5.3.11 Special Commission Model/Rates for Specific Products

Notwithstanding any other provisions in these Rules, for any Qualifying Purchase made by a Buyer in relation to specific products (“Specific Product”) outlined in the Specific Product List (as defined below), only the commission rates or model specified under this clause 5.3.11 shall apply.

AliExpress will publish the monthly Specific Product list (“Specific Product List”), which includes but not limited to product IDs, corresponding commission rates, valid period and eligible regions, all of which are subject to Specific Product List. The publishment of Specific Product List will take place no later than 10th of each calendar month. Specific Product List will become effective after three (3) days of its publishment. If AliExpress does not release the Specific Product List by aforementioned deadline, it will be deemed that there are no Specific Products for that month. The detail of Specific Product List is viewable via the following method: “AliExpress Portals> Payment > Commission Rules”.  Regardless of the type of Main Advertising Channel or the commission rate model otherwise applicable, the dedicated commission rates outlined in the Specific Product List shall apply exclusively to the Specific Products. In case of any conflict between this clause 5.3.11 and any other provisions of these Rules, this clause 5.3.11 shall prevail.

 

5.4 Commission Rules for Qualifying Purchases from Relevant Markets

 

For Qualifying Purchases from Relevant Markets, the now effective and/or already effective commission rules shall apply, which is determined according to the category of relevant AliExpress Content in the Qualifying Purchase, the relevant AliExpress Content, the store ID of the AliExpress Content, the jurisdiction of the Buyer and other relevant factors.

 

Only purchases of Affiliate Products shall be entitled to a Commission on a Cost-per-Sale basis, AND the Commission Rates on a Cost-per-Sale basis displayed at the Site or designated API for Site shall apply (as updated from time to time), and the specific Commission Rate for a particular Qualifying Purchase will be recorded in the system at time of the Qualifying Purchase is made.

 

The Commission Rate of the Qualifying Purchases of Non-Affiliate Products from Relevant Markets is 0%.

 

For the avoidance of doubt, if the Qualifying Purchase is generated from Relevant Markets, you shall not be entitled to any New Buyer Bonus Fee for any Qualifying Purchases.

 

6 Penalties for Breach and Claims
6.1 In the event of any breach of these Rules by Participant (or Sub-Participant), AliExpress reserves the right (but not obliged to) impose any of the following enforcement measures and/or enforcement actions:
a. giving written warnings;
b. imposing ratification period for Participants to cure any breach of these Rules;
c. withholding any payment payable to Participants pursuant to these Rules and/or Advertising Agreement (including but not limited to any commissions or new buyer bonuses payable pursuant to Clause 5);

  1. rejecting, withholding, deducting, setting off and/or requesting for refund of any payment (including any commissions or new buyer bonuses payable pursuant to Clause 5) that arise from or in connection with Participant’s violation of these Rules and/or Advertising Agreement;
    e. deducting any relevant amount from Participant’s account with the Site or requesting that Participant make payment of such amounts for breach of these Rules to compensate any damage or loss suffered by AliExpress as a result of the breach;
    f. setting off any relevant amount for breach of these Rules against the amount of payment payable to Participant for the month following the discovery of purchases described in Clauses 5.1.2, 5.1.4 or 5.2.2;
    g. requesting Participant to return any amount wrongfully paid by AliExpress to such Participant;
    h. suspending and/or terminating the provision of advertising materials and/or resources (including but not limited to promotional vouchers, coupons and/or codes) to Participant and rendering any such materials and/or resources which have already been distributed to the Participant ineffective;
    i. suspending and/or terminating all tracking and reporting services provided by AliExpress which are necessary for the tracking of Participant’s performance in connection with the Program, including tracking of Qualified Purchases and/or New Buyers;
    j. suspending and/or terminating such Participant’s account with the Site and/or on the AliExpress Platform;
    k. restricting and/or ceasing any existing or planned collaboration with such Participant;
    l. restricting such Participant from any future membership registration with the Site and/or on the AliExpress Platform.
  2. restricting, suspending and/or terminating any access, functions, authorizations, privileges, incentives in connection with the accounts of the Participants (and any of its Sub-participants), or for Participants (and any of its Sub-participants), including the API interfacing with relevant AliExpress Products and/or Services, tracking technologies, log-in access, access to the AliExpress Content (including Affiliate Products, Non-Affiliate Products, Hot Products), restriction on withdrawal of payment of any service fees for certain time period, other functions, privileges, incentives, availability to attend certain promotional campaigns; and/or
  3. account related measures, which means the invalidation of channel IDs, stop tracking promotion links, forfeiture of any payment payable to Participants, and termination of AliExpress Affiliate account.

 

Participants (and/or any of its Sub-Participants) are subject to the relevant restrictive measures or enforcement actions taken by AliExpress, in accordance with the Appendix(es). AliExpress will take account of the severity of the violation while applying the penalty, and the severity can be divided into four levels (i.e., minor, moderate, major, and severe violations),


6.2 Termination of inactive accounts: Notwithstanding anything in this Clause 6, AliExpress reserves the right to terminate Participant’s account with the Site and any registration of Sub-participants, where such Participant’s account:
6.2.1 has been inactive for 180 consecutive days (for example, such account has not been logged into and no services therein have been used for 180 consecutive days);
6.2.2 has not published and/or distributed any Advertisements or generated any Qualifying Purchases in the last 365 days. Whether a Participant fulfils the criteria under this Clause shall be determined in accordance with AliExpress’ records, which shall be final and binding.

6.3 Claims
6.3.1 Any Participant may file a written application to AliExpress to object to any enforcement actions taken by AliExpress (such application, a “Claim”). Such written application must be submitted to AliExpress within 5 working days (the “Claim Period”) from the date the enforcement action is taken by AliExpress. AliExpress reserves the right to refuse to process any Claims raised after the Claim Period has elapsed.
6.3.2 Participants shall ensure that a Claim is submitted for each violation in accordance with the format specified, and to provide all relevant supporting documents, information and materials to substantiate Participant’s claim. AliExpress reserves the right to reject and refuse to process any Claims which are submitted in an incorrect format and/or which is missing supporting documents, information and/or materials.
6.3.3 Upon receipt of the Participant’s Claim, AliExpress will process and review the Claim together with all supporting documents, information and materials and provide a written determination of the Claim to the Participant within 5 days from the date such Claim was submitted.
6.3.4 AliExpress reserves the right to determine in its sole and absolute discretion whether any Claim is substantiated and/or valid. Where AliExpress determines that such Claim is valid and thus successful, it shall suspend all enforcement measures and lift any penalties imposed upon the Participant. Where the enforcement measures imposed include the deduction, claw back and/or withholding of any payment payable to Participants pursuant to these Rules and/or Advertising Agreement (including but not limited to any commissions or new buyer bonuses payable pursuant to Clause 5), such payment will be paid to the Participant in the within 60 days.


6.4 Whistleblowing: In the event that any Participant becomes aware of any infringement of these Rules and/or the Advertising Agreement by another Participant, AliExpress invites such Participant to notify AliExpress of the infringement by sending an e-mail to affiliate@service.alibaba.com, where such e-mail:
6.4.1 has the subject title “Report of Violation”;
6.4.2 contains a detailed description of the infringement, including the details of the infringement and the time or time period in which the infringement occurred;
6.4.3 supporting evidence or documents, including without limitation screenshots and/or links;
6.4.4 contact information of the Participant making the report. Upon receiving such an e-mail in the format described above, AliExpress will review and reach a determination, in its sole and absolute discretion, on whether the conduct in question violates any of these Rules and/or the Advertising Agreement. For the avoidance of doubt, please note that the affiliate@service.alibaba.com mailbox is a dedicated inbox for receiving whistleblowing reports as described in this Clause 6.4, and any e-mails that do not relate to this subject (including any inquiries regarding day-to-day business of AliExpress) will be ignored.


6.5 Where AliExpress takes any action prescribed under this Clause 6, the Participants acknowledge and agree that AliExpress is under no obligation to disclose any information to the Participant regarding the specific violation, though it may choose, in its sole and absolute discretion to do so where the violation was identified by an individual and not detected by any computer system, provided always that the information to be disclosed does not contain any trade secrets or confidential information of AliExpress and/or its affiliates.


6.6 Participant acknowledges that AliExpress shall retain records of all violations and Claims for a maximum of 90 days from the date the enforcement action was taken by AliExpress, or the date AliExpress notifies Participant of the outcome of its Claim (as the case may be).

 

  1. PERSONAL DATA PROTECTION

7.1 “Personal Data” shall mean all information pertaining to a specific person including, without limitation, a person’s first name, last name, e-mail address, telephone number, passport number, title, persistent identifier (as a user account number held in a cookie), any unique identifiers that identifies a computer, device, browser or software (including, but not limited to, ADID, IP address, Android ID).  Personal Data also includes information that can, together with the other information supplied by Customer or collected or to be collected by Partner, identify a specific individual, even if such information cannot, by itself, identify a specific individual.

7.2 For the purpose of performance of services and calculation of any commissions or fees, AliExpress, as a data controller, may at its sole discretion, determine to transfer certain Personal Data to Participants for its processing, including the transfer of Personal Data via a Participant designated by AliExpress.

7.3 In respect of any Personal Data transferred by AliExpress or comprised within any Confidential Information, the Parties acknowledge and agree to comply at all times with its respective obligations under all laws and regulations in any relevant jurisdiction which relate to the collection, disclosure, use or processing of personal data, personally identifiable data, or privacy (collectively “Data Protection Laws”). Without prejudice to the foregoing, in respect of any Personal Data received from AliExpress (whether directly or indirectly), Participant agrees to ensure that it shall:

(a)              only collect, use and/or process Personal Data for the sole purpose of performing the Services or as instructed by AliExpress in writing, and in strict compliance with Data Protection Laws, unless required otherwise by the applicable laws, provided that the Participant shall inform AliExpress of such legal requirement before commencing processing unless that law prohibits such information on important grounds of public interest;

(b)              implement and maintain technical and organizational measures designed to prevent a personal data breach, including to ensure that all personnel of Participant who have access to Personal Data are subject to suitable confidentiality obligations, and in the event of an actual or reasonably suspected personal data breach, Participant shall notify AliExpress without undue delay (and in any event within 24 hours) and, at its sole cost and expense, undertake all remediation efforts necessary to rectify and prevent a recurrence of the personal data breach;

(c)              promptly notify AliExpress without undue delay, and in any event within 24 hours, of any request:

(i)   for information from or complaint by a data protection authority in relation to Personal Data disclosed by AliExpress to Participant pursuant to this Agreement; and

(ii)  to Participant from a data subject to exercise his/her rights under Data Protection Law, such as to access, rectify, amend, correct, share, delete or cease processing his/her personal data;

(d)              not disclose or transfer Personal Data to any of its affiliates or any of its subcontractors or any other third parties without AliExpress’s prior written approval in connection with this Agreement. In the event that AliExpress has provided such prior written approval, Participant shall ensure such third parties are bound by a written contract with obligations no less onerous than the obligations set forth in this Clause 7.

(e)              be fully responsible for all acts or omissions of its employees, agents, affiliates and subcontractors in the same manner as for its own acts or omissions;

(f)               implement and maintain technical and organizational measures designed to prevent a Personal Data breach, and in the event of an actual or reasonably suspected Personal Data breach, Participant shall notify AliExpress without undue delay (and in any event within 24 hours) and, at its sole cost and expense, undertake all remediation efforts necessary to rectify and prevent a recurrence of the Personal Data breach;

(g)              upon request of the AliExpress, make available information reasonably necessary to demonstrate compliance with this Agreement, and allow for AliExpress or another auditor mandated by AliExpress to audit compliance with this Agreement; and

(h)              promptly delete or return all Personal Data, on AliExpress’s request or the request of a data subject or the termination of the Agreement.

8 Governing law and dispute resolution

These Rules shall be governed by the laws of Hong Kong. Any dispute, controversy or claim arising out of or in connection with these Rules, including any question regarding its existence, validity or termination, shall be first settled through friendly consultations between the parties. In the event that no settlement is reached within thirty (30) days from the date of notification by either party to the other that it intends to submit a dispute, controversy or claim to arbitration, then such dispute, controversy or claim shall be settled by arbitration in accordance with the Hong Kong International Arbitration Centre (“HKIAC”) Administered Arbitration Rules in effect at the time of applying for arbitration and as may be amended by the rest of this clause. The arbitration institute shall be the HKIAC and the place of arbitration shall be in Hong Kong at HKIAC. The language of the arbitration shall be English. The tribunal shall consist of three arbitrators. Each of the Parties shall select an arbitrator. The third and presiding arbitrator shall be selected by HKIAC. The arbitral award shall be final and binding upon the Parties.


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